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A Special Use Permit is a land use and zoning issue, one which changes <br />the permitted use of an area from its current authorized use to one which <br />may be more beneficial to the property owner. This change in use may have <br />a detrimental impact on adjacent property owners and the general public <br />who relied on the properties zoning classification in making economic and <br />social decisions. The burden of proof for a Special Use permit rests with <br />the property owner seeking the permit. <br />The City of Hugo regulates both where mines may operate (through its <br />zoning ordinance) and how mines may operate (through its mine ordinance). <br />In considering the land use implications of where a mine may operate, the <br />nature of mining operations must be considered as they will impact on <br />public facilities and private property, as well as have an almost <br />irreversible effect on the actual mined property. <br />The asphalt plant and rock crusher are not necessarily an integral <br />part of mining operations and were not specifically addressed in the <br />application for a Special Use permit. For these reasons they should be <br />considered separately through the mine application process or other zoning <br />enforcement process. <br />Limited evidence was presented that the proposed mining operation will <br />have a negative impact on the public's health, through adverse affects of <br />noise, dust and odor. <br />There were two primary safety issues raised over the expanded mining <br />operation: road use and concern for children being attracted to the <br />equipment and excavations present on a mine site. <br />Undoubtedly, the truck traffic generated by the mining operation pose <br />a potential safety problem for the City's roads. When mining operations <br />begin on property adjacent to the site proposed for the special use permit <br />Hugo was largely a rural community with limited traffic on its roadways. <br />Over the last decade Hugo has grown rapidly and will continue to grow in <br />the future. County Road 8A is a primary east -west artery for Hugo, and a <br />residential development corridor, as well as the major service road for <br />the proposed mining site. Continuing, and possibly expanding, truck <br />traffic from the mine site on this road will cause increased safety <br />problems for the community. <br />A large mining operation in close proximity to largely developed <br />residential area is not consistent with the comprehensive municipal plan. <br />Granting of the proposed special use permit will bring excavations and <br />heavy equipment, such as bulldozers and dump trucks, to within a few <br />hundred feet of existing homes located on the west side of the proposed <br />mine site. This situation would last for years, creating an ongoing, <br />dangerous situation for neighborhood children. <br />Expansion of the gravel mining operation closer to adjacent <br />residential properties will cause noise, smell and visual blight making <br />them less attractive to potential buyers, and thus lower their value. <br />