6.1. SR 01-22-2008 - Laserfiche WebLink

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.^~/ City of Elk -`-~ River To Item Number Ci Council 6.1. Agenda Section Meeting Date Prepared by Community Development January 22, 2008 Rebecca Haug, Environmental Administrator Item Description Reviewed by Request by Kevin Meland for Extension of Interim Use Permit, Jerem Barnhart, Plannin Mana er Case No. CU 08-01 -Public Hearing Reviewed by Action Requested Staff and the Planning Commission recommend denial on the Interim Use Permit Extension for Kevin Meland. Summary The applicant received''an interim use permit (IUP) to mine 7.25 acres on October 25, 2005. Approximately 24,000 cubic yards of material was proposed to be mined within two (2) years so a rezone and license were not required. Currently, only a quarter of the ponds have been excavated. Planning Commission Discussion The Planning Commission recommended denial of the interim use permit. 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 pursue a formal rezoning and hcensure process, guaranteeing adjacent property owners the opportunity for comment. Public Comment Staff received two phone calls from the public who were against the issuance of an IUP extension. Attachments • Staff Report to Planning Commission dated January 8, 2008 • Memo dated November 25, 2007 from Kevin Meland • Location Map • a vicinity map S:\PLANNING\Case Files\CUP\CU 08-01 Meland\REQUUST COUNCIL ACTION.doc