2019.02.04 CC Packet - Laserfiche WebLink

Home

Agenda Number G.5 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Emily Weber, Community Development Assistant SUBJECT: Thommes and Thomas Land Clearing (Tom and Joanne Benick) — Renewal of a conditional use permit for the property located at 5777 165th Street N. DATE: January 31, 2019 for the City Council Meeting of February 4, 2019. 1. PLANNING COMMISSION UPDATE: At its January 24 2019 meeting, the Planning Commission considered the review of the conditional use permit (CUP). The applicant was there to address the Planning Commission and the Planning Commission recommended approval of the review of the CUP. 2. OVERVIEW: 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 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. The last CUP renewal was in June of 2016. 3. ANALYSIS: Staff visited the property on January 2, 2019 to review the land clearing business and noted that the applicant has been conducting the same operation on the property but the intensity of the use over the last several years has declined. The site was well maintained, clean, and meets the conditions of the CUP. Staff is not aware of any violations on site and has had no complaints on the property. 4. STAFF RECOMMENDATION: