1989.05.15 CC Minutes - Laserfiche WebLink

Home

AYE City Council meeting of May 15, 1989 Page 4 site is zoned agri.cul.tur-al and conservancy. In December of 1999, the Planning Commission held a public hearing on this matter at which time the PC recommended approval of the SUP on a split vote. It should also be noted that several residents in the vicinity of Mr. Dott.e's property appeared at the PC meeting and indicated their objections to this proposal. The objectors were concerned about the area becoming an eyesore, and that the site will not be maintained properly. Of particular concern to the staff was monitoring of this site to assure that activities other than those permitted in the SUP would not be permitted on the site. Tony Penna, property owner to the west of the Dotte property, was present to express his concerns with the size of the pond indicated on the topo map. It was his opinion that drainage in the area has been affected, and was concerned with runoff onto his property. He asked that the area adjacent to his property be filled in to its previous level (prior to dirt removal). Brian Dobie, engineer for the Dottes, prepare the topo map and stated that the land between the Penna property line and the westerly pond could be lifted 1.' to 2' with a soil berm and then seeded down. Mr. Dobie stated that the drainage from the westerly pond flows to the northeast. City Administrator Huber stated that a berm would prevent the pond flowing onto the Penna property, but it would also retain water on Penna's property. Mr-. Penna stated that he was not opposed to the pond, but didn't want the water spilling on his property thereby Palling his trees. Art Munger, 5411 165th Street, did not feel that $2,000 financial guarantee was sufficient to cover costs should the Dottes abandon the site. Atkinson made motion, hail seconded, to approve the application of Jim and Robert Dotte for the temporary Special. Use Permit to allow for the removal of black dirt for landscaping purposes and the creation of two ponding areas for waterfowl on a 2:7 acre tract of land located at the northeast corner of Fenway Avenue and 165th Street. Approval of this 'SUP is subject to the following special conditions: 1. Review and securing of any required permits from the RCWD. 2. Removal of soils may only be permitted within the ponding areas identified on site plan. 3. No soil materials shall be removed within 50' of the west property lines of the site in question. 4. The property owner- shall be responsible for all illegal dumping on site and all illegally dumped materials mu.s.t be removed and disposed of in an approved sanitary landfill. 5. This permit shall be issued for a period of 24 months from the date of the approval (5/15/89). 6. Submittal of topographic maps of the site shall be provided to city prior to resumption of activities on site. 7. The property lines and ponding areas on the site mint be :identified by the applicants to cis`.•:ure proper setbacks are met if required by tP"ie city, code enforcement officer. S. All on site act.i.vities permitted as a result of this activity shall not cause the altering of any watercourse_, ditch, or approved drainage system unless authorized by the Rice Creek Watershed District::.