Minutes - Planning Commission - 11/05/2001

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Chairperson Nixt inquired whether the 5-year term was arrived at arbitrarily. He suggested this time frame be shortened. He noted he is sympathetic to the applicant as well as to the City. Motion by Commissioner Johnson, seconded by Chairperson Nixt to recommend the City Council adopt Findings of Fact favorable to the applicant relating to a request from Kenko Inc. for an interim use permit for the utilization of a temporary office structure and outdoor storage which would be granted for a 3-year term. Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Johnson, Brauer, Sweet, and Watson. Voting No: None. Absent: Commissioners Kociscak and Reeve. Motion by Commissioner Johnson, seconded by Chairperson Nixt, to recommend that City Council approve Kenko's request for an interim use permit and adopt a Resolution declaring terms of the 3-year (from date of issuance) Interim Use Permit. Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Johnson, Brauer, Sweet, and Watson. Voting No: None. Absent: Commissioners Kociscak and Reeve. Case #2: Request for a Conditional Use Permit to Grade and Export Soils; Case of John Enstrom Chairperson Nixt closed the regular portion of the Planning Commission meeting at 7:29 p.m. in order to call the public hearing to order. Public Hearing Chairperson Nixt called the public hearing to order at 7:29 p.m. Presentation City Engineer Jankowski explained that on September 23, 1997, the City issued a conditional use permit over a 12~acre area to Mr. John Enstrom to grade and export approximately 114,000 yards of soils from his property at 8701 181st Avenue N.W. The purpose of the permit was to create a pond on the property, dry the excavated materials and export them off the site as topsoil. That permit expired October 31,2001 and Mr. Enstrom has applied for another conditional use permit to complete the grading and excavation project. The original excavation proposed is approximately 60% complete at this time. County Ditch 51, which is located along the southern boundary of the excavation has been undisturbed by the excavation because of a 20 to 30 foot buffer strip. A hydraulic connection to the County ditch from the excavated lake is located on the southeast corner of the excavated lake. Since this permit was initially issued, changes have occurred within the Wetland Construction laws. The applicant should have a determination made whether this particular area is subject to these new regulations. The Anoka Soil and Water Conservation District should be contacted for this determination and a permit from the Lower Rum River Water Management Organization should be obtained if required. A DNR water Planning Commission/November 5, 2001 Page 4 of 20