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1 <br /> <br />permit. At that time, Council ceased proceedings to consider revocation of such permit and <br />directed Staff to work with Mr. Karst to get his conditional use permit amended. The <br />Planning!md Zoning Commission conducted a public hearing and recommend approval for <br />a CUP amendment to allow for the disassembly of engines and transmissions within the <br />building On the site. They also directed that Mr. Karst's conditional use permit be amended <br />to read item for item like the CUP issued to Alloy Recovery Company except the hours of <br />operation would not be restricted, the preparation of feedstock would be permitted within a <br />screened: area and the provisions for afterburners on the furnaces would be applicable to <br />Mr. Karst's situation as it relates to MPCA's attention to his permit application. <br /> <br />Mr. Gengler, Mr. Karst's attorney was present and stated that Mr. Karst wants to remain <br />with the language of his own conditional use permit with the exception of Paragraph 10. <br /> <br />Motion by Councilmember Zimmerman and seconded by Councilmember Beyer to adopt <br />Resolution ~92-02-023 adopting Findings of Fact #0329 relating to a request for a <br />condifiot~l use permit amendment from Danny's Aluminum Processing, Inc. <br /> <br />Motion carried. Voting Yes: Mayor Gilbertson, Couneilmembers Zimmerman, Beyer and <br />Peterson. Voting No: None. Abstain: Councilmember Hardin. <br /> <br />Motion by Councilmember Zimmerman and seconded by Councilmember Beyer to approve <br />the request,for a conditional use permit amendment from Danny's Aluminum Processing, <br />Inc., with only paragraph #10 amended as the applicant requested. <br /> <br />Motion failed, Voting Yes: Councilmembers Zimmerman and Beyer. Voting No: Mayor <br />Gilbertson, Couneilmembers Hardin and Peterson. <br /> <br />Mr. Gengler stated that Mr. Karst could "live with" the alternative of having his CUP <br />changed to read the same as ARC. <br /> <br />Couneilmember Hardin inquired if the City hasn't put term limits on CUP's. <br /> <br />City Atm.rney Goodrich stated that the State law says a CUP is good as long as the <br />applicant is in compliance. <br /> <br />Councilmember Beyer suggested a yearly review of Mr. Karst's operation <br /> <br />Ms. Frolik stated that a CUP on a business in a neighborhood has been given time limits to <br />allow time to move to a business area. <br /> <br />Councilmember Peterson stated that in the past, Mr. Karst's operation has "flowed over" to <br />other lots. <br /> <br />Ms. Frolik suggested that Staff inspect his facility more often for compliance. <br /> <br />Mr. Goodrich cautioned Council that they adopted the findings of fact and therefore do not <br />have a right to deny the "whole package". <br /> <br />Ms. Frolik stated that Council has denied amending #10 so if Council's intent is to allow <br />disassembly, she would work on the conditional use permit. <br /> <br />Motion by Councilmember Hardin and seconded by Counci!member Peterson to table the <br />request for a conditional use permit amendment from Danny's Aluminum Processing, Inc., <br />and to direct Staff to place this case on the next Council agenda. <br /> <br />City Council/February 23, 1993 <br /> Page 5 of 11 <br /> <br /> <br />