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<br />Memo to the City CounciUCU99-7 <br />May 17, 1999 <br />Page 4 <br /> <br />. <br /> <br />4. Will be served adequately by and will not adversely affect essential public <br />facilities and services including streets, police and fire protection, <br />drainage, refuse disposal, water and sewer systems, parks and schools; <br />and will not, in particular, create traffic congestion or interference with <br />traffic on adjacent and neighboring public thoroughfares. <br /> <br />5. Will not involve uses, activities, processes, materials, equipment and <br />conditions of operation that will be detrimental to any persons or property <br />because of excessive traffic, noise, smoke, fumes, glare, odors, dust or <br />vibrations. <br /> <br />6. Will not result in the destruction, loss or damage of a natural, scenic or <br />historic feature of major importance. <br /> <br />7. Will fully comply with all other requirements of the City's Code of <br />Ordinances, including any applicable requirements and standards for the <br />issuance of a license or permit to establish and operate the proposed use <br />in the City of Elk River. <br /> <br />. <br /> <br />Staff recommends that the City Council recommend denial of the applicants <br />request for a conditional use permit to park a semi-tractor and trailer on a <br />residential (RIa) property because of the applicants history of unresolved <br />nuisance violations and complaints and site the following reasons: <br /> <br />1. WILL ENDANGER, INJURE OR DETRIMENTALLY AFFECT THE USE AND <br />ENJOYMENT OF OTHER PROPERTY IN THE IMMEDIATE VICINITY OR THE <br />PUBLIC HEALTH, SAFETY, MORALS, COMFORT, CONVENIENCE OR GENERAL <br />WELFARE OF THE NEIGHBORHOOD OR THE CITY. <br /> <br />2. THE APPLICANT HAS NOT BEEN IN COMPLIANCE WITH ALL OTHER <br />REQUIREMENTS OF THE CITY'S CODE OF ORDINANCES, INCLUDING ANY <br />APPLICABLE REQUIREMENTS AND STANDARDS FOR THE ISSUANCE OF A <br />LICENSE OR PERMIT TO ESTABLISH AND OPERATE THE PROPOSED USE IN <br />THE CITY OF ELK RIVER. <br /> <br />If the Council approves this request, staff feels the following additional <br />condition should be added to assist with enforcement of the nuisance code: <br /> <br />. THAT THE TRACTOR IDLING BE LIMITED TO A MAXIMUM OF FIFTEEN (15) <br />MINUTES FROM APRIL 16TH THROUGH OCTOBER 31ST; AND THIRTY (30) <br />MINUTES FROM NOVEMBER 1ST THROUGH APRIL 15TH. <br /> <br />PlanninI! Commission <br /> <br />. <br /> <br />At the March 27, 1999, public hearing, seven residents spoke regarding the <br />conditional use permit request. In general, the residents are primarily <br />concerned with excessive idling of the tractor, the safety of driving a trailer <br /> <br />\ \elkriver\sys\shrdoe\pl anning\stevewen \ccmmo \cu99-7 ce. doc <br />