5.1. PCSR 01-08-2008 - Laserfiche WebLink

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Case File: CU 08-O1 Page 3 Kevin Meland IUP City of Ell; River 7. lY>ill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicznity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the ~iy. 2. lYlill be consistent with the comprehensive plan. 3. 1-Vill not impede the normal and orderly development and improvement of surrounding vacant property. 4. Weill be served adequately by and will not adversely a~ect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and server systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. 5. Dill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or propery because of excessive tra~ic•, noise, smoke, fumes, glare, odors, dust or vibrations. 6. 1Vill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. 1-Ylill fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpermit to establish and operate the proposed use in the city. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, it appears that the operation is not consistent with all of these standards. Analysis The use is not consistent with the city's Comprehensive Plan as it is not zoned for Mineral Excavation. The reason behind issuing an interim use permit was so the applicant would not have to be licensed and obtain a Conditional Use Permit similar to the other mineral excavation operations in the City. The applicant has stated that due to the slow market, the mining operation has not progressed as rapidly as originally thought. While this slowdown is out of the applicant's control, it is equally impossible to determine when the market will again support the use. The IUP process was intended to allow generally small users the ability to capture the mineral deposits with minimal interference from the government, with the understanding that the impact to the adjacent property owners would be short-lived, i.e. two years. Because the time frame is impossible to determine, it is prudent to deny the extension of the IUP, and require the applicant to C:\Users\dhuebner\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLK87E4\Staff report to PC.doc