07-28-1992 PC MIN - Laserfiche WebLink

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Planning Commission Minutes July 28, 1992 Page 4 . COMMISSIONER TVEITE MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE REQUEST BY MR. & MRS. DONCASTER OF 18643 YANKTON STREET FOR A 25 FT. ENCROACHMENT ON THE 100 FT. SETBACK TO THE ELK RIVER AND ALSO A 23 FT. ENCROACHMENT ON THE 35 FT. SETBACK TO YANKTON STREET TO ACCOMMODATE A THREE CAR GARAGE GARAGE CITING THE FIVE STANDARDS FOR A VARIANCE. FURTHER, REFERENCING STAFF'S MEMO DATED 7/20/92 ALONG WITH THE LETTER SUBMITTED FROM MR. & MRS. ROBERT DONCASTER. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Consider Ordinance amendment to Section 720 (Mineral Excavation) and Section 900.31 (Grading, Filling and Excavating)/P.H. . Janelle Szklarski, Zoning Assistant, stated that the City Council had directed staff to draft an ordinance amendment regarding excavation activities which do not meet the intent of the mineral excavation ordinance. This was brought on by a request from several property owners in the Royal Oaks Ridge subdivision who wished to excavate a large marshy area behind their homes. Ms. Szklarski stated that staff would like to get the Planning Commissions and City Council comments before an actual ordinance is drafted. Ms. Szklarski, stated that staff is proposing to amend two Sections of the City Code: Section 720 "Mineral Excavation" which would involve removal of the product from the site, and Section 900.31 "Grading, Filling and Excavating which involves activities taking place on the site. She stated that a new definition for mineral excavation is needed. Ms. Szklarski then reviewed the 10 issues that staff would like to review when requiring an excavation, grading or filling permit as stated in her memo. Chairman Nadeau opened the public hearing. Steve Shoemaker, representing the property owners of Royal Oaks Ridge, showed a plan of the 5 acre area they wished to excavate. He stated that a mining permit would be too costly for the homeowners if their project was considered to be "on-going" as they would be subject to a zone change, mineral excavation license and conditional use permit Mr. Shoemaker did not feel they were an on-going mineral excavation activity because the project would be done in phases. Chairman Nadeau closed the public hearing. Steve Rohlf, Building & Zoning Administrator, stated not recommend approval because of the wear and tear disruption of the neighborhood in Royal Oaks Ridge. that maybe they could find an alternative route to from the site. He further stated that this activity precedence in a residential area. that staff could of the streets and Staff suggested remove the material would be setting a . The general consensus of the Planning Commission was that they would like to see a better definition of "black dirt" and "on-going." The Planning Commission also recommended that the general concept of the proposed amendments be approved. A short recess was taken at this time.