Agenda - Planning Commission - 10/07/2004

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Further Discussion: Councilmember Zimmerman asked if the Enviromnental Policy Task Force would review the location of the footings. Assistant Public Works Director Olson explained buffer limits does not necessarily mean the development cannot have the ability to impact the wetland through the Wetland Conservation Act. People do have the right to impact the wetland as long as they have done everything they can to avoid it and minimize it. If it is an absolute must they can impact it as long as they mitigate for that impact. Councilmember Cook noted the buildable lot may go over the wetland, but as long as they do everything they can to avoid that and mitigate to correct that, the City has no way to change that. Assistant Public Works Director Olson stated lots 8 through 10 of Block 2 will not receive a building pennit until the wetland issue bas been resolved. Councilmember Kurak noted the problem with that is this is final plat. The preliminary plat was already approved. She inquired how long the permits may have to be held, as the developer may want to build all the townhomes at one time. The applicant indicated it would not be a problem to wait for this to be resolved, as he is not planning on beginning the building until next spring. Motion canied. Voting Yes: Mayor Gamec, Councilmembers Cook, Elvig, Kurak, S trOlmn en, and Zimmerman. Voting No: None. Absent: Councilmember Pearson. Case #10: Introduce Ordinance to Establish Regulations for the Operation of Personal Use Heliports Community Development Director Frolik reviewed that on at least three occasions, the subject of regulating helicopter landings and takeoffs in Ramsey has been discussed by the City Council. Pcr Council's direction, an ordinance was drafted by staff that would require a conditional use permit and MnDOT licensing of a personal use helipOli. That ordinance was forwarded to the Planning Commission for a public hearing on May 6, 2004. She reviewed the smmnary of the current draft of the conditional use pennit criteria and tenns, based on the results of the public hearing and the discussion of the Planning Commission. Councilmember Kurak asked if the conditional use pennit would go with the property. Community Development Director Frolik replied typically a conditional use permit runs for the life of the property. Mayor Gamec inquired if there have been some conditional use pennits where it is been specified that the pennit is void after the sale of the property. Community Development Director Frolik replied that has been done on home occupation pen11Jts. City Attorney Goodrich advised a sunset should be able to be placed on this conditional use pe1111it because this property is so unique. City Council/August 10, 2004 Page 25 of27 P39