Agenda - Council - 09/23/1997 - Laserfiche WebLink

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! ! CASE #: REQUEST FOR A CONDITIONAL USE PERMIT TO GRADE AND EXPORT SOILS; CASE OF JOHN ENSTROM By: City Engineer Steve Jankowski and Zoning Administrator Sylvia Frolik Background: On August 14, 1997, Mr. John Enstrom submitted an application to the City for a conditional use permit to grade and export approximately 114,000 yards of soil from his property at 8702 181st Avenue N.W. (County Road #64). The purpose of the permit is to create a pond on the property, dry the excavated materials and export them offthe site as topsoil. The following items are enclosed: a) b) c) d) e) Site location map Applicant submittals which include: A four page 'Information for conditional use permit', and an exhibit labeled Exhibit A; (a non-reproducible aerial photo was also submitted, but has not been included) Letter of opposition from area property owner Draft Planning Commission public hearing and regular meeting minutes dated September 2, 1997 Proposed findings of fact Pr0!Sbsed conditional use permit Notification: Persons far in excess of the mandatory 350 foot notification requirement were sent notices of the public hearing. Observations: The Planning Commission reviewed the application and focused on the following points: It must be noted that granting a conditional use permit for this proposal would violate City Ordinance 9.11.18(c)(b) which states that: ~, "No grading, mining or filling operation shall occur at below an elevation six feet above the elevation of the water table on the work site." This provision of our mining and grading ordinance would preclude the construction of ponds such as this one proposed. This provision was discussed with the Planning Commission.' The recommendation for granting of the permit indicates they do not have an inherent problem with the construction of ponds and suggested the provision in the ordinance may have been the result of a model ordinance obtrained from a State agency '7