5.9 PCSR 02-28-1995 - Laserfiche WebLink

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Elk River Planning Commission Minutes Page 3 January 26, 1993 • approval of the general concept of this request subject to the stipulations detailed in staff's memo dated January 20, 1993. Commissioner Johnson requested the City Attorney address the safety issue and discuss City liability regarding wetlands and ponds in residential areas. Peter Beck replied there are safety implications, however, liability alone should not dictate a decision regarding wetlands. Susan Shoemaker, questioned the request for a detailed grading plan. Stephen Rohlf answered this would be necessary to verify requirements, spillway elevation, water table, etc. Chairman Minton opened the public hearing. Michael Wiest, 11072-190th Avenue, expressed confusion over whether this wetland is protected and if so, by what agency. Ms. Schmitz recounted the various agencies (Army Corps of Engineers, DNR, etc. ) and the wetlands protected under their jurisdiction. Robert Underwood, 11134-190th Avenue, questioned the time length of the proposed excavation and would the project be year 'round. Ms. Schmitz replied City ordinance states excavation projects such as this shall not exceed 2 years. The time frame on this request is dependent on the • individual contractor selected by the Shoemaker's. It is possible for the excavation to be a year 'round project. Mr. Underwood expressed concern regarding a property tax increase due to increased property values of such a project. Peter Beck replied that this particular issue would have to be answered by the County Assessor. Thomas Cruz, 11145-190th Avenue, iterated the traffic and tax concerns. Commissioner Minton asked Mrs. Shoemaker if they had a contingency plan for the excavation if the owners of lots 8 and 9 disagree with the excavation. Mrs. Shoemaker stated the excavation would continue, however, lots 8 and 9 would not be included in the pond. Commissioner Minton questioned the hours of operation starting at 7 a.m. may be a bit early and asked Mrs. Shoemaker if 8 a.m. would be acceptable. Mrs. Shoemaker replied it would be acceptable. In conclusion, Commissioner Minton indicated signatures from both property owners (Morrell and Deschenes, regarding truck traffic) have not been obtained. Mrs. Shoemaker stated one signature was not obtained, however, no problems were anticipated. Peter Beck replied the City must have written permission in the form of a legal and binding document approved by staff. There being no further comments from the public, Commissioner Minton closed the public hearing. COMMISSIONER TVEITE MOVED TO RECOMMENDED APPROVAL OF THE CONDITIONAL . USE PERMIT BY STEVEN SHOEMAKER, CASE NUMBER 92-025, CITING STAFF'S MEMO DATED JANUARY 20, 1993, SUBJECT TO THE FOLLOWING STIPULATIONS: