Minutes - Council - 08/25/2009 - Laserfiche WebLink

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Councilmember Elvig expressed concern about automotive work being done on site and noted that the permit conditions include a provision that the applicant must comply with all applicable pennit requirements, including Anoka County permit requirements. Councilmember Wise stated if the neighbors aren't complaining about the business, the City should not get in the-way of their business. He asked if the permit includes an annual review. City Attorney Goodrich replied that the permit is temporary to the extent that the permit is issued only to the permittees and only as long as they comply with the conditions of the permit. He stated the permit includes a specific provision regazding violations and the permit can be revoked similar to a conditional use permit He added there is a standard provision contained in the City's permits that states permittees aze responsible for maintaining any applicable state or county permits. Councilmember McGlone stated this property backs up to a wetland area and expressed concern about antifreeze and oil. He stated it appears this use is incompatible with the land use contained in the Comprehensive Plan. Councilmember Elvig stated he is particularly sensitive in this case to the applicant's difficulty with the English language and he wants to make sure that the applicant understands the compliance measures in the permit and that he is willing to abide by those requirements. He stated he is inclined to vote in favor of this request and maybe add a time frame for review. Associate Planner Gladhill stated that the permit requires compliance with all building and fire codes. He stated that Subd. l.j of the ordinance sets forth home occupations that are not permitted, however, there is some flexibility in the ordinance that Council can consider if proper measures are in place to allow this type of activity. City Attorney Goodrich added that the ordinance states that in order to guazantee no nuisance, the Planning Commission and Council may impose reasonable conditions to protect the safety of residents. He explained there is also a potential for the Council to place a moratorium on home occupations as a way of addressing its concerns. He indicated the Council does not currently have any language stating that it can consider the economic effect this might have on other parties. Applicant Zinaida Loginov stated they have lived at the property for six years and Mr. Loginov worked on some cars at home but not as a business. She stated this is not afull-time job for him and he does construction work so the auto repair is his second job. Councilmember Look stated that he did not feel residents should be at all concerned that the applicant is dumping oil and/or antifreeze into wetlands. He suggested adding a requirement that the applicant have Anoka County environmental services come out to his property to determine that it is safe. Associate Planner Gladhill noted that item 8 of the permit contains this provision, and staff will collect all applicable permits prior to issuing the permit. He stated staff has been in constant City Council /August 25, 2009 Page 10 of 20