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City Engineer Jankowski replied the hours are listed in the permit. <br /> <br />Commissioner Brauer questioned what the remedy would be if Mr. Enstrom did not abide by the <br />hours as set forth by the permit. <br /> <br />City Engineer Jankowski noted that the City Council can pull the permit. <br /> <br />Chairperson Nixt stated he is sympathetic to the landowner, who wants to continue and to the <br />neighbors who have concerns. <br /> <br />Motion by Commissioner Johnson, seconded by Chairperson Nixt to recommend that City <br />Council adopt findings of fact, unfavorable to the applicant, relating to John Enstrom's request <br />for a conditional use permit to grade and export soils, adding finding of fact 18: That the City <br />does not have sufficient environmental information regarding the proposed use; and finding of <br />fact 19: That the applicant is not licensed for business use. <br /> <br />Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Johnson, Brauer, Sweet, and <br />Watson. Voting No: None. Absent: Commissioners Kociscak and Reeve. <br /> <br />Mr. Enstrom stated he does have a large farm and has done this as part of his farming practice. <br />He added that he doesn't abuse the hours he can work. He stated this is known as a dirt farm <br />where a farm product is sold. <br /> <br />Motion by Commissioner Johnson, seconded by Chairperson Nixt to recommend that City <br />Council deny John Enstrom's request for a conditional use permit to grade and export soils. <br /> <br />Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Johnson, Brauer, Sweet, and <br />Watson. Voting No: None. Absent: Commissioners Kociscak and Reeve. <br /> <br />Mr. Enstrom stated if the project is stopped at this time, the City would lose a tremendous aspect <br />of the City. It could become an eyesore and subsequently, devalue the neighboring homes. <br /> <br />Chairperson Nixt said he wanted Mr. Enstrom to understand why there was a denial. He <br />explained that Mr. Enstrom is without a permit now, and this recommendation for denial will <br />enable him to appear in front of the Council faster. <br /> <br />Mr. Matuseski questioned if Mr. Enstrom is not allowed to do anymore digging, could the dirt <br />still be exported. <br /> <br />Chairperson Nixt answered that the dirt will have to be left standing. <br /> <br />Case #3: <br /> <br />Request for a Conditional Use Permit to Grade Soils; Case of Lance Van <br />Norman <br /> <br />Planning Commission/November 5, 2001 <br /> Page 9 of 20 <br /> <br /> <br />