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12. <br />13. <br />I4. <br /> <br />That the proposed use will not be tmduly dangerous... <br />That the proposed use will subsrantialIy adYersely knpair... <br />That the proposed use will not be designed, constructed, operated and maintained so as to <br />be harmonious and appropriate... <br />'?nat the proposed use will not be hazardous ... <br />That the proposed' use will be disturbing... <br />That the proposed use will be a substantial improvement... <br />'Fnat the proposed use will be se~ed adequately by essential public facilities... <br />That the proposed use will not create excessive additional requirements... <br />That the proposed use will involve uses, activities and equipment that will be detrimental <br /> <br />Fur&er discussion: Commissioner Iohnson stated he will Vote for the motion because facts 7 and <br /> were hucluded, which gives the probability, of an increase in operation size. ~ <br /> <br />Motion Carried. Voting Yes: Ac,ting Chairperson NL'ct, Commissioners Kociscak, Johnson, and <br />Wivoda. Voting No: Commissioner Dempsey. Absent: Chairperson,~derson. <br /> <br />Motion by Acting Chairperson Nixt, seconded by Commissioner Kociscak, to recommend <br />Council deny the request for a conditional use pen'mt from Mr. Chris Barrett. <br /> <br />Motion Carried. Voting Yes: Acting Chairperson NLxt, Commissioners Kociscak, Dempsey, <br />Johnson, and W'ivoda. Voting No: None. Absent: Chair'person,amderson. <br /> <br />Further discussion: Community Development Director Frolik stated this would be on the May <br />23, 2000 City Council agenda at 7:00, and the Council makes the final decision. <br /> <br />Case #2: <br /> <br />Request for a Conditional Use Permit to Grade and'Export Soils; Case of Eric <br />Thomsen <br /> <br />Acting Chairperson Nixt closed the regular portion oft he Planning Commission meeting at 8:00 <br />p.m. in order to conduct the pub£fc hearing. <br /> <br />Public Hearing <br /> <br />Acting Chairperson Nixt called the public hearing to order at 8:00 p.m. <br /> <br />Presentation <br /> <br />Community D. evelopmenr Director Frolik explained that the City. has received a new application <br />from Eric Thomsen to grade and export softs from an area generally located west of T.H. ,=~.7 and <br />south of County Road #63, ar about Vanadium Street N.W. The subject propertv consists of 9 <br />acres. The City Council originally approved a conditional use pe:-mir for grading and expomng <br />of soil from this srooe,,':w on March 25, 1997. The applicant did not m/flare the conditional use <br />permit within the three-year dmeil-ame, nor did he petition for an exmnsion of time to complete <br /> <br /> Planning. Commission/May. ., '~ 2900 <br /> Page 7 of 23 <br /> <br />31 <br /> <br /> <br />