Resolution - #09-11-270 - 11/24/2009

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Councilmember Elvig introduced the following resolution and moved for its adoption: RESOLUTION #09-11-270 A RESOLUTION ADOPTING FINDINGS OF FACT #0858 RELATING TO A REQUEST FROM CURTIS A KRIENS FOR A HOME OCCUPATION PERMIT TO OPERATE A CONCRETE AND MASONRY CONTRACTING SERVICE ON THE PROPERTY LOCATED AT 15740 AZURITE CT NW. WHEREAS, the City of Ramsey received an application from Curtis A. Kriens requesting a home occupation permit to operate a concrete and masonry contracting service in a dwelling unit and accessory structure (the "Permit") located on the property generally known as 15740 Azurite Ct NW and legally described as follows: Lot 4, Block 4, Nature View Addition, subject to easement of record, Anoka County, Minnesota. (the "Subject Property") NOW THEREFORE, BE IT RESOLVED BY THIS CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA that the findings of fact relating to the request are determined to be as follows: 1. That on June 27,2008, the City received a call that Curtis A. Kriens, herein referred to as the "Applicant", was digging and dumping broken up concrete on City property adjacent to the Subject Property in a hole dug by the Applicant measuring 100 foot by 100 foot and approximately 20 feet deep, documented as Incident Report #08149848, herein attached as Exhibit A. The complaint was forwarded to the City's Public Works Department for review. The Applicant admitted to the activity to the Ramsey Police Department and agreed to remove the buried material. The case was cleared on August 20, 2008. 2. That actions of the Applicant of improperly disposing of concrete materials encroaching on property owned by the City required clean-up, at City cost, to remove the material. An invoice for the correction and clean-up is herein attached as Exhibit B. In addition, the Subject Property currently has a wetland conservation act (WCA) viol~tion and will be subject to enforcement procedures by the Anoka Conservation District. 3. That on June 25, 2009, the City received a call of an illegal burn on the Subject Property noted in Incident Report #09147152, herein attached as Exhibit C. The Ramsey Police Department observed tree stumps, a mattress spring near the fire, and hard board masonite siding. The Ramsey Police Department noted that some of the items in the fire were illegal to bum. The Ramsey Police Department noted a possible home occupation was being operated without a permit. 4. That on July 23, 2009, the City verified the home occupation and determined that the level of operation necessitated the approval of the City Council. The Applicant was instructed to postpone submitting an application until the City heard similar cases regarding home occupations that may impact how this application would be heard.