2001.10.24 PC Minutes - Laserfiche WebLink

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MINUTES HUGO PLANNING COMMISSION OCTOBER 24, 2001 7:00 p.m. Call to Order Chairperson Schumann called the meeting to order at 7:15 p.m. PRESENT: Kleissler, McRoberts, Rooney, Rosenquist, Schumann ALSO PRESENT: John Rask, Community Development Director Michele Lindau, Planning Commission Secretary ABSENT: Malaski, Peltier Minutes for September 26, 2001 McRoberts made motion, Kleissler seconded, to approve the minutes for September 26, 2001 as amended. All Ayes. Motion carried. Thommes & Thomas Land Clearing Conditional Use Use Permit Renewal The Planning Commission held a public hearing to consider the application of Thommes and Thomas Land Clearing Partnership, 15457 Jeffrey Avenue North for renewal of their Conditional Use Permit for the processing and storage of firewood, recycling of tree waste, chipping, and operation of a mobile air curtain furnace. The conditional use permit was issued for a two-year period. The Community Development Director said staff had inspected the property and found it to be in compliance with conditions of their Conditional Use Permit. Staff recommended approval subject to all but two of the same conditions as the permit they were now operating under. Staff recommended elimination of the condition that the permit only be valid for 24 months, which requires Thommes & Thomas to renew the permit every two years, and the condition that the permitted activities on the site be limited to the Thommes & Thomas firm only. In review of the matter concerning the termination of the permit, it was in the City Attorney's opinion that the City cannot set time limits on conditional use permits. Section 462.3595, Subd. 3 of the State Statutes states that, "A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the municipality from enacting or amending official controls to change the status of conditional uses." Staff also noted that conditional use permits run with the property, not a particular owner or operator, which would allow anyone to operate the use under the same terms and conditions of the conditional use permit.