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<br />county road, Anoka County was notified of the site plan submittal. The existing building <br />material consists of painted concrete block. The expansion is also proposed to be painted block. <br />Painted block is not typically permitted in the E-l District but City Code does allow the City <br />Council to approve other materials. The Planning Commission recommended that the Council <br />approve the use of painted block to match the existing building. Ms. Geisler indicated a revised <br />grading and drainage plan has been reviewed by the Engineering Department and some minor <br />revisions are required, as noted in the City Staff Review Letter. The landscaping plan is <br />generally acceptable. Ms. Geisler advised the Planning Commission recommended approval of <br />the site plan, contingent on Council approval of the use of painted block, receipt of a variance to <br />the rear yard setback, and compliance with the City Staff Review Letter. <br /> <br />Motion by Councilmember Cook, seconded by Councilmember Elvig, to grant approval of the <br />proposed site plan with the use of painted block, contingent upon compliance with the City Staff <br />Review Letter dated August 31, 2006, revised September 22, 2006, receipt of a variance to the <br />rear yard setback requirement, and execution of the Development Permit. <br /> <br />Motion carried. V oting Yes: Mayor Gamec, Councilmembers Cook, Elvig, Jeffrey, Olson, <br />Pearson, and Strommen. Voting No: None. <br /> <br />Case #7: <br /> <br />Adopt Findings of Fact Related to Exception from Development <br />Moratorium; Case of Ron Tallman <br /> <br />Associate Planner Geisler reviewed that the Council considered Mr. Ron Tallman's request for <br />exception to the development moratorium in the Rural Developing District at the August 8, 2006 <br />meeting. Staff was directed to draft findings of fact to deny the request, based on the criteria <br />contained in the moratorium ordinance. Draft findings were brought to the City Council on <br />August 22, 2006, but were tabled until the next meeting due to a number of absences. Mr. <br />Tallman requested that action be tabled at the September 11, 2006 meeting so that his attorney <br />could be present for Council's action on the case. Ms. Geisler indicated the Council has been <br />provided with revised findings of fact and a revised resolution. <br /> <br />Councilmember Cook stated he tabled this at the last meeting because he felt with only five <br />members present there may have been enough votes to go one direction or another, but it could <br />have put the developer in a difficult situation of not getting their plat approved. He still feels <br />strongly the developer has a case here, and he will continue to advocate that the Council approve <br />this and go forward with it. It is a good project. The developer is correct that they have a <br />hardship and have concerns. At the last meeting he asked Community Development Director <br />Trudgeon to bring information forward on what the Council had discussed in work session <br />beforehand. He believes it was said the first time the developer came to meet with the Council, <br />the Council asked them to do something about the length of the cul-de-sac. After that the <br />Council said it is a difficult situation and they would allow it to go forward with the cul-de-sac, <br />and to continue planning. Then, at the last meeting for the preliminary plat the Council denied it <br />because of the length of the cul-de-sac. He thinks it is unfair; this developer has worked with the <br />City for almost two years, and has done almost everything they have asked, and now the <br />developer has purchased property to remove the cul-de-sac. He thinks the developer has a <br />hardship under this moratorium and they should let this project go forward. <br /> <br />City Council / September 26, 2006 <br />Page 10 of39 <br />