Minutes - Council - 11/13/2001 - Laserfiche WebLink

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Case #3: Request for Sketch Plan Review of River Pines 5th Addition; Case of Oakwood Land Development, Inc. Item was tabled. Case #4: Public Hearing: Request to Rezone Certain Property from R-1 Rural Residential to R-1 Urban Residential; Case of Oakwood Land Development, Inc. Item was tabled. Case #5: Consider Temporary Extension of Mining and Grading Conditional Use Permit for John Enstrom City Engineer Jankowski stated that Mr. John Enstrom was issued a mining and grading permit by the City in 1997, which expired on October 31, 2001. Mr. Enstrom applied on October 6, 2001, for the reissuance of this permit, since the designed excavation is approximately 60 percent complete. The Planning Commission recommended denial of the conditional use permit request due to the lack of information at the time of their meeting. At the present time, Mr. Enstrom has two full-time and one part-time employees engaged in the work associated with the mining activity. This case was presented at the request of City Council members to consider allowing Mr. Enstrom to continue his operation until the review associated with his reapplication is processed. The Council is prohibited from taking any action on a conditional use permit within ten days of the public hearing. (November 6, 2001). However, the Council could provide relief to Mr.. Enstrom from the interruption to his operation by extending the existing permit for a set number of days. This could have been until the City Council could legally take action on the conditional use permit after November 15, 2001, or until the Planning Commission has an opportunity to review the information requested and forwards its recommendation to the Council in December. City Attorney Goodrich stated that the City does not have the basis for temporarily extending a conditional use permit. At this point the permit is expired and nothing further can happen on the property until the permit is renewed. He stated that one opportunity would be for the Council to have a special meeting on Monday November 19th, which staff could notify the residents who attended the Planning Commission of the meeting. Councilmember Kurak recommended that the issue be handled on Tuesday, November 20th since the Council will already be meeting for the Public Works Committee. She inquired if Mr. Enstrom had been notified of what he Will need before the conditional use permit could be issued. City Engineer Jankowski replied that staff has reviewed that information with Mr. Enstrom. City Council/November 13, 2001 Page 6 of 20