2001.11.28 PC Minutes - Laserfiche WebLink

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would be located 19.09 feet from the property line. The minimum side yard setback in the Agricultural zoning district is 40 feet; therefore, a variance of 20.91 feet would be necessary for Parcel A. This request went before the Planning Commission on November 16, 1994. The Planning Commission unanimously recommend approval of the minor subdivision as well as the two variances; however, the variance from the side yard setback was for only one foot because at the time of the request the minimum side yard setback was 20 feet in the Agricultural district. At the City Council meeting November 21, 1994, the Council unanimously approved the request. The applicant had provided evidence of approved septic sites for each lot from Washington County as well as approval from the Rice Creek Watershed District. Parkland dedication fees had been paid at that time. The request is again before the Planning Commission and the City Council because the minor subdivision had not been recorded with Washington County in the allotted time required by ordinance. Minor subdivisions must be recorded with the Washington County Recorder's Office within 60 days of City Council approval or such approval becomes null and void. Due to the potential conflict of interest the Community Development Director had with the request, the Community Development Assistant prepared and presented the staff report to the Planning Commission. Staff recommended approval of the request because it met all the necessary standards outlined in the Subdivision Regulations and Zoning Ordinance for approval. Members of the Planning Commission had questions for the applicant regarding the request; however, the applicant was not in attendance at the meeting. Malaski made motion, McRoberts seconded, to table the request until the next meeting of the Planning Commission to allow the applicant an opportunity to be present to answer questions. Aye: Kleissler, Malaski, McRoberts, Schumann Nay: Peltier, Rooney, Rosenquist Motion carried. Thommes & Thomas Land Clearing Special Use Permit Renewal On October 24, 2001, the Planning Commission considered the request of Thommes and Thomas Land Clearing, 5726-165`h Street North. The Commission tabled action on the request in order to receive a legal opinion from the City Attorney regarding whether conditional use permits can be sunsetted or renewed, the status of the existing conditional use permit, and whether conditional use permits ran with the property or with the particular owner or operator. In review of the matter concerning the termination of the permit, the City Attorney opined that the City cannot set time limits on conditional use permits. With regard to restricting the use to Thommes and Thomas only, staff noted that conditional use permits run with the property, not a particular owner or operator.