6.1. SR 01-22-2008 - Laserfiche WebLink

Home Browse Search

Case File: CU 08-01 Page 3 Kevin Meland IUP City of Elk River 7. 1-Vill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral avelfare of the neighborhood or the city. 2. 1Ylill be consistent ~arith the comprehensive plan. 3. 1-Vill not impede the normal and orderly development and improvement of surrounding vacantproperty. 4. mill be served adequately by and avill not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and seaver systems, parks and schools; and mill not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public thoroughfares. S. Weill not involve uses, activities, processes, materials, equipment and conditions of operation that avill be detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or vibrations. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. Dill fully comply avith 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