Minutes - Council - 08/22/1994 - Laserfiche WebLink

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vehicles and equipment relating to his asphalt repair business at his home at 16340 Nowthen Boulevard N.W. She explained that the subject property is approximately 9.7 acres in size and is zoned R-1 Rural Residential. Mr. Hicks did submit a site plan prepared by Hakanson Anderson Associates which indicates that there is a 4,320 square foot pole building and a 3,450 square foot fenced in area for the storage and parking of vehicles and equipment. Approximately 3/4 of the outdoor truck parking area is paved. Ms. Frolik informed Council that the Planning Commission conducted a public hearing on August 2. There were three letters presented at the hearing; one in support and two in opposition of Mr. Hicks' request. Most of the comments received in opposition referred to the size of the operation and the environmentally sensitive wetlands on the Hicks property. She recommended that some of the findings of fact proposed by the Planning Commission be expanded upon to reflect the basis for the finding. Relating to Findings//14 and//15 - add language to indicate that the proposed use will be detrimental to persons residing and working in the area and the proposed use will.adversely impair the use, enjoyment and market value of surrounding property because of the number and size of commercial vehicles and equipment relating to the proposed use, the traffic and noise generated by the use of the vehicles and equipment, and the visual impact on neighboring residential properties, Findings #17 should read:. That based on the number and size of commercial vehicles and equipment, the proposed use cannot be operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and such use will change the essential or intended character of the area. Language should be added to//19 to indicate that the proposed use will be disturbing to neighbors because of the size and number of vehicles and equipment involved, the type of traffic and noise generated by said vehicles and equipment and the rural residential character of the neighborhood. Findings//22 should be changed to read That the proposed use will involve the use of vehicles and equipment that will be detrimental to the serenity and peacefulness of the residential neighborhood by reason of production of traffic, noise and adverse visual impact resulting from the number of large, commercial vehicles and equipment involved with the use. Ms. Frolik stated that the Planning Commission and City Staff recommend adoption of the findings of fact, amended as described, and denial of the request for a conditional use permit. She suggested that if City Council accepts this recommendation, a reasonable time period in which to relocate the business will have to be established. If Council chooses to approve the CUP request, then the issue should be sent back to the Planning Commission for the purpose of drafting terms for the permit. Ms. Frolik added that Patricia Hicks is present if Council has any questions for her. Motion by Councilmember Peterson and seconded by Mayor Gilbertson to adopt Resolution//94-08-166 adopting Findings of Fact/10367, as amended, relating to Gordon Hicks' request for a conditional use permit. Motion carried. Voting Yes: Mayor Gilbertson, Councilmembers Peterson, Beyer, Hardin and Zimmerman. Voting No: None. Motion by Councilmember Peterson and seconded by Councilmember Zimmerman to deny Mr. Hicks' request for a conditional use permit based on the findings of fact, and to establish a time frame of one year for Mr. Hicks to relocate his business. Motion carded. Voting Yes.' Mayor Gilbertson, Councilmembers Peterson, Zimmerman, Beyer and Hardin. Voting No: None. City Council/August 22, 1994 Page 7 of 17