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<br />Case File: CD 07-11 <br />Page 3 <br /> <br />Open Water Pond Excavation <br />'l'ony Powell <br /> <br />Applicable Rezulations <br /> <br />Conditional Use Permit <br />The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: <br /> <br />,. Will not endanger, injure or detrimentallY cifftct the use and e'!j'!Yment of other property in the immediate <br />vicinity or the public health, safety, morals, comfort, convenience or general we!fare of the neighborhood or the <br />city. <br />The proposed excavation is entirely within Mr. Powell's property, located within a <br />Type 2 wetland. The excavation is intended to remove invasive reed canary grass, <br />create a shallow, open water pond, and increase the number of biological niches in <br />the area. A greater number of wildlife species are expected to be able to use the <br />wetland complex as a result of the excavation. <br />2. Will be consistent with the comprehensive plan. <br />3. Will not impede the normal and orderlY development and improvement of surrounding vacant property. <br />Mr. Powell currently owns the surrounding property. <br />4. Will be served adequatelY by and will not adverselY cifftct essential public facilities and services including <br />streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and <br />will not, in particular, create traffic congCJ1ion or intetftrence with traffic on adjacent and neighboring public <br />thoroughfares. N/A due to location of pond <br />5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be <br />detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or <br />vibrations. <br />Mr. Steinbrecher, the contracted excavator, has stated that the project will take <br />approximately three days and work will be conducted from 7 a.m. to 5 p.m. (M - F <br />only). <br />6. Wzil not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. <br />Due to the potential for archaeological sites on the property, the standard disclaimer <br />will be attached. <br />7. Will fullY complY with all other requirements of this Code, including any applicable requirements and <br />standards for the issuance of a license or permit to establish and operate the proposed use in the city. <br />A license and zone change are not required due to the fact that the work will be <br />completed in less than two years. <br /> <br />If denial of such a perntit should occur, it shall accompany recommendations or deterntinations by <br />fIndings or a report stating how the proposed use does not comply with the standards set forth in Section <br />30-654. <br /> <br />In the review of the standards for CUP as outhned, it appears that the request is consistent with all of <br />these standards. <br /> <br />Analysis <br />The Technical Evaluation Panel (rEP) for the City of Elk River has reviewed the application and <br />subsequent amendment request to reduce the size and have approved both requests. The amended permit <br />is the valid permit and has been attached for your convenience. <br /> <br />Comprehensive Plan <br /> <br />The project is consistent with the comprehensive plan. <br /> <br />S:\Council\Rebecca\Powell Staff Report for CC - 6-07 (2).doc <br />