Agenda - Planning Commission - 09/02/1997

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! CASE #: (0 REQUEST FOR A CONDITIONAL USE PERMIT TO GRADE AND EXPORT SOILS; CASE OF JOHN ENSTROM By: City Engineer Steve Jankowski Background: On August 14, 1997, Mr. John Enstrom submitted an application to the City for a conditional use permit to grade and export approximately 114,000 yards of soil frol? his property at 8702 181st Avenue N.W. (County Road #64). The purpose of the permit is to create a pond on the property, dry the excavated materials and export them off the site as topsoil. The following items are enclosed: a) Site location map b) Applicant submittals which include: A four page 'Information for conditional use permit', and an exhibit labeled Exhibit A; (a non-reproducible aerial photo was also submitted, but has not been included) c) Letter of opposition from area property owner d) Proposed findings of fact e) Proposed conditional use permit Notification: Persons far in excess of the mandatory 350 foot notification requirement were sent notification of the public hearing. Observations: Staff has prepared a draft findings of fact and conditional use permit based on the submittals. There are areas on which the Commission should focus particular attention: 1. This activity will require excavation below the water table. This is directly in conflict with City Ordinance 9 .11.18( c)(b) which states: "No grading, mining or filling operation shall occur at below an elevation six feet above the elevation of the water table on the work site." This ordinance would prohibit the construction of lakes. Staff is uncertain as to the reason for this section of the ordinance. Permits for lake construction have been issued in the past. This inconsistency should be addressed as a part of the action on this case. 2. The protection of the County ditch from sedimentation is an area of concern. Staff proposes a 30 foot undisturbed buffer between the ditch and the proposed silt fence. '57