05-17-1982 CC MIN - Laserfiche WebLink

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City Council Minutes May 17, 1982 Page Six Mr Les Anderson indicated that the addition would be adding to the same line as th~ existing house and garage. Commissioner Tracy indicated that the Planning Commission was not opposed to the variance request, but was concerned about the interpretation of the hardship criteria. Mayor Hinkle indicated that the deter- mination of a hardship is a fine line. The City Administrator indicated that the determination of a hardship is a subjective finding. Councilman Schuldt in- dicated that he felt the hardship was created by the state through the Shoreland Management Act. COUNCILMAN SCHULDT MOVED TO APPROVE THE VARIANCE REQUEST BY MR. AND MRS. LESLIE ANDERSON, 208 LOWELL STREET) FOR THE PURPOSE OF CONSTRUCTING AN ADDITION TO THEIR GARAGE. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilman Toth suggested that the City Council review the five findings criteria for the City Council to make an order to grant a variance. 9. H & S Asphalt Conditional Use Permit and Mineral Extraction Litense - Public Hearing The City Administrator indicated that H & S Asphalt has applied for a conditional use permit and mineral extraction license to conduct mineral extraction operations on three sites; the area known as the Tamarack Subdivision and the area immediately north of the Nemeth farm on Highway #169, and the existing landfill on Highway #169. The City Administrator further indicated that the Planning Commission considered the conditional use permit for H & S and unanimously approved the conditional use permit for two years at site A - the Tamarack Subdivision, 30 years at Site B _ the property immediately north of the Nemeth farm, and 30 years for Site C - the existing landfill. Mr. BillMilrer of H & S Asphalt, was present to answer any questions the City Council may have regarding the conditional use permit. The City Administrator indicated that the minin~ of the gravel of Site A is a part of the proposed project and the restoration ofSitieB can be easily addressed, but in the review of Site C, a number of questions have been raised regarding the restoration because it involves the filling of the hole with garbage. The City Administrator indicated that there are a number of concerns related to this type of operation the City should review. Mayor Hinkle opened the public hearing. Mayor Hinkle suggested that the public hearing be continued until the questions of the restoration of site C can be answered. Mr. Bill Miller questioned the approval of the conditional uses for Site A, and Site B, even if the questions could not be answered for Site C. COUNCILMAN DUITSMAN MOVED TO CONTINUE THE PUBLIC HEARING UNTIL INFORMATION REGARDING THE RESTORATION OF SITE C COULD BE PROVIDED. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. The City Administrator indicated that the City and the County and the Pollution Con- trol Agency would be reviewing the operation of the landfill to determine how the landfill will be run and if the landfill will be in compliance with the PCA and the County's standards.