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01-26-1993 PC MIN
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01-26-1993 PC MIN
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1/26/1993
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<br />Elk River Planning Commission Minutes <br />January 26, 1993 <br /> <br />Page 3 <br /> <br />. <br /> <br />approval of the general concept of this request subject to the <br />stipulations detailed in staff's memo dated January 20, 1993. <br /> <br />Commissioner Johnson requested the City Attorney address the safety <br />issue and discuss City liability regarding wetlands and ponds in <br />residential areas. Peter Beck replied there are safety implications, <br />however, liability alone should not dictate a decision regarding <br />wetlands. <br /> <br />Susan Shoemaker, questioned the request for a detailed grading plan. <br />Stephen Rohlf answered this would be necessary to verify requirements, <br />spillway elevation, water table, etc. <br /> <br />Chairman Minton opened the public hearing. <br /> <br />Michael Wiest, 11072-190th Avenue, expressed confusion over whether <br />this wetland is protected and if so, by what agency. Ms. Schmitz <br />recounted the various agencies (Army Corps of Engineers, DNR, etc.) and <br />the wetlands protected under their jurisdiction. <br /> <br />. <br /> <br />Robert Underwood, 11134-190th Avenue, questioned the time length of the <br />proposed excavation and would the project be year 'round. Ms. Schmitz <br />replied City ordinance states excavation projects such as this shall <br />not exceed 2 years. The time frame on this request is dependent on the <br />individual contractor selected by the Shoemaker's. It is possible for <br />the excavation to be a year 'round project. Mr. Underwood expressed <br />concern regarding a property tax increase due to increased property <br />values of such a project. Peter Beck replied that this particular <br />issue would have to be answered by the County Assessor. <br /> <br />Thomas Cruz, 11145-190th Avenue, iterated the traffic and tax concerns. <br /> <br />Commissioner Minton asked Mrs. Shoemaker if they had a contingency plan <br />for the excavation if the owners of lots 8 and 9 disagree with the <br />excavation. Mrs. Shoemaker stated the excavation would continue, <br />however, lots 8 and 9 would not be included in the pond. Commissioner <br />Minton questioned the hours of operation starting at 7 a.m. may be a <br />bit early and asked Mrs. Shoemaker if 8 a.m. would be acceptable. Mrs. <br />Shoemaker replied it would be acceptable. In conclusion, Commissioner <br />Minton indicated signatures from both property owners (Morrell and <br />Deschenes, regarding truck traffic) have not been obtained. Mrs. <br />Shoemaker stated one signature was not obtained, however, no problems <br />were anticipated. Peter Beck replied the City must have written <br />permission in the form of a legal and binding document approved by <br />staff. <br /> <br />There being no further comments from the public, Commissioner Minton <br />closed the public hearing. <br /> <br />. <br /> <br />COMMISSIONER TVEITE MOVED TO RECOMMENDED APPROVAL OF THE CONDITIONAL <br />USE PERMIT BY STEVEN SHOEMAKER, CASE NUMBER 92-025, CITING STAFF'S MEMO <br />DATED JANUARY 20, 1993, SUBJECT TO THE FOLLOWING STIPULATIONS: <br />
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