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Planning Commission Minutes Page 2 <br /> January 24,2017 <br /> Mr. Carlton stated the applicant withdrew his application for this item. <br /> 5.2 Max Steininger, Inc.— PID 75- 103 -1300 <br /> • Zone Change adding ME Overlay District, Case No. ZC. I7 -02 <br /> • Conditional Use Permit for Mineral Excavation, Case No. CU 17 -02 <br /> Ms. Mroz presented the staff report. Staff recommended approval of the Conditional Use <br /> Permit with the conditions as outlined in the report.The applicant was present to answer <br /> any questions. Staff recommended a change to Condtion#7,at the request of the applicant, <br /> as follows: <br /> "The applicant shall be responsible for the cost and construction of necessary and <br /> reasonable road improvements related to the project , <br /> as deemed necessary reed by the City Township, <br /> Sherburne County or MnDot.The City reserves the right to require the applicant to <br /> pay for road maintenance of haul routes." <br /> Chair Johnson opened the public hearing.There being no one to speak on the matter,Chair <br /> Johnson closed the public hearing. <br /> Moved by Commissioner Konietzko and seconded by Commissioner Nicholas to <br /> recommend approval of the zone change to Mineral Extraction Overlay for PID's 75- <br /> 103-1101 and 75-782-0105. Motion carried 7-0. <br /> Moved by Commissioner Nicholas and seconded by Commissioner Feinstein to <br /> recommend approval of Conditional Use Permit,Case No. CU 17-02 with the <br /> following conditions: <br /> 1. If the proposed work described in the application and Conditional Use Permit <br /> has not been substantially completed within two years of the Conditional Use <br /> Permits date of approval,the permit shall expire and become void. <br /> 2. The Conditional Use Permit shall expire if the authorized use ceases for more <br /> than six months. Failure to obtain an annual license will be evidence of cessation <br /> of use. <br /> 3. The applicant must apply for and receive approval of all required permits before <br /> any construction may begin. <br /> 4. A mineral extraction license shall be obtained annually. <br /> 5. Setbacks of 50 feet from Baldwin Ave and the northern property line shall be <br /> maintained. Setbacks of 30 feet from US Hwy 169 shall be maintained. Setback of <br /> 30 feet from the southern property line,unless mining collaboration agreement <br /> across property lines is confirmed. No mining activity shall be permitted within <br /> the setback area without staff approval <br /> 6. The need of buffering and/ or screening in light of surrounding land uses shall <br /> be evaluated at the time of annual license renewal and shall be installed when <br /> directed by the City to protect surrounding land uses. <br /> 7. The applicant shall be responsible for the cost and construction of necessary and <br /> reasonable road improvements related to the project, as deemed necessary by the <br />