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<br />Planning Commission Minutes <br />October 27, 1998 <br />Page 2 <br /> <br />. <br /> <br />5. <br /> <br />Planninq Commission RePresentative to Attend City Council Meetinq <br /> <br />Commissioner Morris indicated he will be unable to attend the November 16, <br />1998 City Council meeting. Commissioner Schuster volunteered to attend in his <br />place. <br /> <br />6.1. Request bv City of Elk River for Ordinance Amendment Reqardinq Nuisances, <br />Public Hearinq Case No. OA 98-5 <br /> <br />Staff report by Laurie Mezera-Kerr, Environmental/Code Enforcement Officer. <br />Laurie indicated the amendment regarding parking of trucks, tractors and/or <br />trailers has been revised to reflect some of the comments of the October 13th <br />workshop. She explained that the proposed ordinance does not eliminate trucks <br />and trailers in all residential zones, but rather, it will regulate them as a home <br />occupation. The reason the ordinance was proposed is to reduce the truck <br />traffic, noise and odor, and to protect the property values, aesthetics and <br />roadways in the residential zones. <br /> <br />. <br /> <br />Members of the Commission questioned why the truck operations are proposed <br />to be handled through the conditional use permit process, rather than licensing <br />them. Peter Beck, City Attorney, explained that it may not be within the city's <br />jurisdiction to license vehicles. Chair Mesich felt it would be easier to revoke a <br />license for non-compliance than it would be to revoke a conditional use permit. <br />Peter Beck indicated he was concerned the city would have less discretion <br />through the licensing than through the conditional use permit process. <br /> <br />Commissioner Mesich opened the public hearing. <br /> <br />Steven Stoffer, 14092 Victoria Lane, expressed his support for the proposed <br />ordinance. He stated that his concerns are the long idling times, odor and the <br />impact on the future blacktop overlay. <br /> <br />There being no further comments from the public, Chair Mesich closed the public <br />hearing. <br /> <br />Chair Mesich indicated that the proposed ordinance would be city wide policy <br />and it was not drafted for a particular neighborhood. <br /> <br />Commissioner Chambers felt there was a need for regulation, but did want the <br />process to be lengthy for an applicant to obtain a permit. <br /> <br />. <br /> <br />Commissioner Kuester indicated she did not understand how conditional use <br />permits are enforced. If a complaint is received, an investigation would then be <br />conducted. Peter Beck explained that if a zoning violation situation comes up <br />where a violator refuses to comply, the case would be brought up in district court. <br />He was aware of only one or two instances where this has occurred in the 20 <br />years he has been with the city. Commissioner Kuester stated she did not <br />understand how the conditional use permit process would help. Peter stated that <br />the city could structure the conditional use permit with conditions to address the <br />nuisance issues. A violation of the conditions would be grounds for revocation. A <br />violation would not automatically terminate the permit. The city would need to <br />follow the due process procedure which would include notification to the permit <br />