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

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contact with the applicant to make certain they understand all the conditions of the permit; staff has also talked extensively with the applicant about hazardous materials requirements, fire inspections, and the Anoka County environmental services. Councilmember Elvig asked the applicant if he will be able to comply with all the requirements of the permit. The applicant replied in the affirmative. Motion by Councilmember McGlone to deny the Applicant's request for a home occupation permit based on the findings of fact. 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 prepaze 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 aze 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. Voting No: Councilmember McGlone. Absent: Councilmember Jeffrey. City Attorney Goodrich requested that the City Council amend the permit by adding the following provisions: City Council /August 25, 2009 Page 11 of 20