Minutes - Council - 05/13/2008 - Laserfiche WebLink

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Mr. Wattenhofer stated thathe served them with an eviction notice for breach of agreement about 3 months ago, but the judge has not yet ruled. He stated that he thinks their house is almost completed in the North Branch area. Community Development Director Miller reviewed some language that City Attorney Goodrich would like included in the Findings of Fact. Motion by Councilmember Look, seconded by Councilmember Jeffrey, to adopt Resolution #08-05-080 adopting Findings of Fact #0826 relating to Nathan Wattenhofer's request for a home occupation permit, with the revision that Mr. Wattenhofer currently resides on the subject property, that he comply with the City's R-l zoning, and that the City is requiring a minor subdivision of the property. Further Discussion: Councilmember Elvig noted that this is contingent on Case #4 being approved. He stated that he would like to clarify the actual hours of business because he doesn't like the wording "or as needed". City Attorney Goodrich noted that this has been addressed in the actual document. Community Development Director Miller noted that City Attorney Goodrich also recommended adding that the permit is for the owner of Lots 1 and 2 and the Council requires the resident to reside on the parcel that is subject to the home occupation permit or an adjacent lot and if the permittee doesn't reside on Lot 1 or 2 that the permit would no longer be valid. Motion carried. Voting Yes: Mayor Pro Tern Elvig, Councilmembers Look, Jeffrey, Dehen, Olson, and Strommen. Voting No: None. Absent: Mayor Gamec. Councilmember Look asked if the City could require voluntary inspection by the County Environmental Task Force. City Attorney Goodrich noted that if it is included as a requirement, it would not be voluntary, but noted that it could be added as part of the permit that Mr. Wattenhofer contact the Anoka County Environmental Services Department, annually to review the operation and provide their findings to the City. Motion by Councilmember Look, seconded by Councilmember Strommen, to adopt Resolution #08-05-081 to approve Nathan Wattenhofer's request for a home occupation permit based on the findings of fact, and include that the permit is for the owner of Lot 1 and 2, that the Council requires the resident to reside on the parcel that is subject to the home occupation permit or the adjacent lot, that if the permittee doesn't reside on Lot 1 or Lot 2, that the permit would be terminated, and that the applicant will contact the Anoka County Environmental Services Department on an annual basis to have them review the operation and provide their findings to the City. Further Discussion: Mayor Pro Tern Elvig stated that he likes Mr. Wattenhofer's ideas for the property and this strong scrutiny is not personal. He stated that he thinks the Council is just trying to be fair in correcting something that slipped under the radar in the past. City Council / May 13, 2008 Page 8 of 17