Agenda - Council - 09/08/2009 - Laserfiche WebLink

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Further Discussion: City Attorney Goodrich stated that the City Council must first adopt the Findings of Fact relative to this case. He stated if the City Council is challenging the Findings of Fact, he requested that Council direct staff to prepare Findings of Fact in the negative and bring them back to the Council for review at its next meeting. Motion by Councilmember McGlone, seconded by Councilmember Dehen, to direct staff to prepare Findings of Fact in the negative and to bring said Findings of Fact back to the City Council for review at its next meeting. Motion failed. Voting Yes: Councilmembers Dehen and McGlone. Voting No: Mayor Ramsey, Councilmembers Elvig, Look, and Wise. Absent: Councilmember Jeffrey. City Attorney Goodrich explained that the Findings of Fact are the basis upon which the Council makes its conclusions. He requested that Finding of Fact #15 be revised to state "That the City finds the home occupation has the potential to create a nuisance to neighbors related to the use of power tools on the Subject Property." Motion by Councilmember Wise, seconded by Councilmember Elvig, to Adopt Resolution #09- 08-187 Adopting Findings of Fact #0850 relating to the Applicant's request for a Home Occupation Permit, as revised. Further Discussion: Councilmember Elvig stated this request raises concerns about the City's policy and ordinance, but did not feel there was any way the request could be denied. Councilmember McGlone stated that the City previously issued a compliance order in this case which indicates there has been an issue with contaminants on the property. He reiterated his concern that this property is adjacent to a wetland. Associate Planner Gladhill stated the stop work order was issued because the applicant was spray painting and doing auto body repair, and was not specific to this request. Motion carried. Voting Yes: Mayor Ramsey, Councilmembers Wise, Elvig, Dehen, Look. V oting No: Councilmember McGlone. Absent: Councilmember Jeffrey. City Attorney Goodrich requested that the City Council amend the permit by adding the following provisions: 1. That this permit shall have a one year term and expire August 31, 2010 unless the Permittee has received an extension issued by the City Council. 2. That within thirty (30) days, the Permittee shall be required to contact the Anoka County Environmental Services department for a review of the Subject Property and the proposed use and follow any recommendations which may be provided by said Anoka County Environmental Services department, and provide City ~taff with those recommendations. City Attorney Goodrich stated that paragraph #9 of the resolution needs to be revised to clarify that the Permittee refers to two persons. City Council! August 25, 2009 Page 11 of 19