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CASE # 3 <br />REOUEST~FOR A CONDITIONAL USE PERMIT TO STORE COMMERCIAL <br />VEHICLES j~ND EQUIPMENT IN THE R-1 RURAL RESIDENTIAL DISTRICT; <br /> r. CASE OF GORDON HICKS <br /> By: Zoning Administrator Sylvia Frolik <br />Background: <br /> <br />Pursuant to a court order resulting from a zoning violation, M.r. Gordon Hicks has applied for a <br />conditional useipermit to store commercial vehicles and equipment relating to his asphalt repair <br />business at his home at 16340 Nowthen Blvd. N.W. The following items are enclosed for your <br />information: <br /> <br />a) <br />b) <br />c) <br />d) <br />e) <br /> <br />Site location map <br />_iippl i can ts site plan and list of equipment and proposed conditions of operation <br />cks Time Line prepared by City Staff <br />Draft of 8/2/94 Public Hearing minutes <br />Written responses received at the City in response to the Public Hearing Notice <br />15~-'-'-roposed f'mdings of fact <br /> <br />Observations: <br /> <br />Records indicate that the operation of the asphalt repair business on the subject property first <br />became known lo the City in 1978. There was a lapse in commercial activity on the property from <br />July, 1979 to M_.ay of 1992. It is Staff's understanding that during this time period, Mr. Hicks did <br />not reside on the property and the home was occupied by renters. The commercial activity <br />reappeared on ~e property in May of 1992 with Mr. Hicks' return to the property. <br /> <br />The subject pr°~erty is approximately 9.7 acres in size and is zoned R-I Rural Residential. Mr. <br />Hicks did sub~t a site plan prepared by Hakanson Anderson Associates which indicates that there <br />is a 4,320 square foot pole building and a 3,450 square foot fenced in area for the storage and <br />parking of vehie..'les and equipment. Approximately 3/4 of the outdoor truck parking area as shown <br />on the site plan !s paved. <br /> <br />The City has p½eviously issued two other conditional use permits for the storage of commercial <br />equipment on rdsidential property. One permit was issued for the storage of a two-ton septic tank <br />pumper truck ahd the other was issued to a firewood sales business which included 4 delivery <br />trucks, 3 rraileri, one bobcat and one backhoe. <br /> <br />The Planning C:ommission conducted a public hearing on August 2. There were three letters <br />presented at thdhearing; one in support and two in opposition of Mr. I--Iicks' request. There were <br />also persons present at the public hearing that spoke out in opposition to Mr. Hicks' request. Most <br />of the comment~ received in opposition referred to the size of the operation and the environmentally <br />sensitive wetlands on the Hicks property. <br /> <br />Recommendation: <br /> <br />City Staff is rex:ommending that the some of the findings of fact proposed by the Planning <br />Commission be[expanded upon to reflect the basis for the finding. They are as follows: <br /> <br />Findings #14 & #15 - Add language to indicate that t~e proposed use will be detrimental to <br />persons ~-esiding and working in the area and the proposed use will adversely impair the <br />use, enjo, yment and market value of surrounding property because Of the number an0 size <br />of commercial vehicles and equipment relating ;o the proposed u$¢, the traffic and noise <br />generatet:t by the use Of the vehicles and equipment, and the visual impact on neighboring <br />residential properties. <br /> <br />Findingi#17 - Should be amended to read: That b~sed on the number and ~ize of <br />commercial vehicles and equipment, the proposed use cannot be operated and maintained <br />so as to! be harmonious and appropriate in appearance with the existing or intended <br /> <br /> <br />