1991.10.23 PC Minutes - Laserfiche WebLink

Home

P.C. Minutes - October 23, 1991 Page 4 2. The property owner has ___ months (to be determined by City Council) from time of special use permit approval to construct a principal residence on site. 3. A financial deposit in the form of a letter of credit or cashiers check be provided to the City in the amount of $3,000 assuring compliance with this permit (necessity of this condition to be determined by the City Council). 4. The city staff be permitted access to the site at reasonable times for inspection to assure compliance with this permit. 5. This permit and approvals shall run with the land and shall be placed on file in the office of the County Recorder. 6. Failure to comply with all conditions of the Special Use Permit shall be grounds for revocation of same and forfeiture of the financial security required. AYE: Mezzano, Davis, Thoreson NAY: Oswald, Peltier Motion passed. Commissioner Davis reviewed this request with the Planning Commission. He stated that Mr. James Dotte, 3165 Karth Rd., White Bear Lake, Minnesota has made application to the City of Hugo for a Special Use Permit to allow for the removal of black dirt from property owned by him in the City of Hugo for the purpose of operating his landscaping business. The site in question is located at the northeast corner of Fenway Ave. and 165th St. (aka 5380 165th St.). The property consists of approximately ten acres and is zoned agricultural. Mr. Dotte has indicated that it is his intent to remove the top soil from the area identified and that a residential dwelling will be constructed some time in the future. On May 15, 1989, Mr. Dotte was granted a Special Use Permit for the excavation of two ponding areas and the removal of soils from parcels A and B on 165th St. and Fenway Ave. Since that time Mr. Dotte's SUP has expired and only one of the ponds originally proposed has been completed. The ponding area in question is that portion of land on the eastern 1/3 of the site at or below elevation 913 mean sea level. The staff reviewed the site for compliance with the previously issued special use permit, which indicated that Mr. Dotte did comply with all conditions of the previous permit. If the Planning Commission feels this request is consistent with the comprehensive plan and development in the surrounding area, we would recommend Special Use Permit approval be subject to the following special conditions. Neighboring residents Tony Penna and Art Munger were present to dispute the fact that Mr. Dotte has complied with his previous special use permit. Mr. Penna stated that the area was to be fenced and have a gate, and that the Dotte's have been operating illegally for years and previous to their mining operation there was never standing water on the site. Mr. Dotte stated he would be glad to bring in his engineer to explain his operation and that he is mining in accordance with his previous and proposed permits. Mr. Dotte stated he will be moving the building , currently on site, to a permanent location when financially possible.