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Motion by Commissioner Dempsey, seconded by Commissioner Jensen, to recommend that City <br />Council adopt Findings of Fact in the affirmative relating to Robert and Rita Knoll's request for <br />a conditional use permit for a private dog kennel for four adult dogs. <br /> <br />Motion Carried. Voting Yes: Chairperson Anderson, Commissioners Dempsey, Jensen, <br />Johnson, Kociscak, Nixt, and Wivoda. Voting No: None. <br /> <br />Motion by Commissioner Wivoda, seconded by Commissioner Dempsey, to recommend that <br />City Council approve the Knoll's request for a conditional use permit to maintain four adult dogs <br />at 6020 151st Lane Northwest, based on the findings of fact. <br /> <br />Motion Carried. Voting Yes: Chairperson Anderson, Commissioners Wivoda, Dempsey, <br />Jensen, Johnson, Kociscak, and Nixt. Voting No: None. <br /> <br />Case #3: <br /> <br />Request for Environmental Permit to Grade along Mississippi River; Case of <br />James Weidenbach <br /> <br />Case #4: <br /> <br />Request for Environmental Permit to Grade along Mississippi River; Case of <br />Terry and Jane Luke <br /> <br />Chairperson Anderson closed the regular portion of the Planning Commission meeting at 8:40 <br />p.m. in order to conduct the public hearing. <br /> <br />Public Hearing <br /> <br />Chairman Anderson called the public hearing to order at 8:40 p.m. <br /> <br />Presentation <br /> <br />Community Development Director Cindy Sherman stated that on May 11, 1999, the City <br />received an application form Jim Weidenbach at 14230 Bowers Drive Northwest and Terry Luke <br />at 14250 Bowers Drive Northwest to regrade and stabilize the bluff line along the Mississippi <br />River on his property. <br /> <br />Cindy Sherman explained that the subject property is located in the Mississippi River Critical <br />Overlay District and is also subject to the Wild and Scenic River regulations. After visits with <br />the City and DNR staff from March to October, 1998, it was confirmed that there was serious <br />bluff erosion problems on the property. It was the consensus of all jurisdictions that the <br />proposed project to control soil erosion was excessive. In September of 1998, Mr. Weidenbach <br />and Mr. Luke submitted an application to DNR to regrade and stabilize the river bluff on their <br />properties. On February 5, 1999, DNR issued a permit to Mr. Weidenbach and Mr. Luke to <br />perform the landscape alterations up to the ordinary high water mark, noting that any work above <br />the high water mark required a permit from the City. On April 14, 1999, the City received <br />notification from the DNR that the landscape alterations performed went beyond the ordinary <br /> <br />Planning Commission/June 1, 1999 <br /> Page 8 of 13 <br /> <br /> <br />