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Agenda Number G.6 CITY OF HUGO COMMUNITY DEV'ELOPMEN'T DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Planner SUBJECT: Thommes and Thomas Land Clearing — Renewal of a conditional use permit for the property located at 5725 165"' Street N. DATE: June 14, 2016, for the City Council Meeting of June 20, 2016 ZONING: Restricted Industrial (RI -1) and Future Urban Service (FUS) 1. DESCRPTION OF REQUEST: The applicant is requesting approval of a renewal of a conditional use permit (CUP). 2. BACKGROUND: In 1993, the City Council approved a CUP for the applicant to allow for the processing and storage of firewood, recycling of tree waste, and wood chipping. The permit was issued for a two-year period. In 1996, the City Council approved a renewal of the CUP. The permit was issued for a two-year period. In 1999, the City Council approved a renewal of the CUP and an amendment to allow the operation of a mobile air curtain furnace. The permit was issued for a two-year period. In 2001, the City Council approved a renewal of the CUP with the same general conditions. However, there was a condition revised to delete the termination date for the permit and revise it to be renewed every two years. At that time the City Attorney opined that the City cannot set time limits on conditional use permits and that MN State Statute states that " A conditional use permit shall remain in effect as long as the conditions agreed upon are observed..." In addition, staff noted that the conditional use permit runs with the property, not a particular owner or operator.