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City, Council Minutes Page 7 January 22, 2002 6.2. Request by Bart Boese for a Conditional Use Permit for a Home Occupation and Outdoor 6.3. Storage of Excavating Equipment, Public Hearing - Case No. CU 01-38 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting a Conditional Use Permit for a Home Occupation and outdoor storage of equipment for an excavating business. He reviewed the site conditions, landscaping, and Planning Commission action. Mayor Iadinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public heating. COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONDITIONAL usE PERMIT FOR A HOME OCCUPATION AND OUTDOOR STORAGE OF EQUIPMENT FOR AN EXCAVATING BUSINESS WITH THE FOLLOWING CONDITIONS: 1. PROVIDE AN IMPROVED SURFACE, SUCH AS CLASS-5, ASPHALT, OR CONCRETE, FOR THE OUTDOOR STORAGE AREA. IF MORE THAN THREE PIECES OF EQUIPMENT, ASIDE FROM THE TRUCK AND TRAILER, ARE TO BE STORED OUTSIDE, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. o PROVIDE ADDITIONAL SCREENING BY PLANTING THREE 3 FOOT TALL CONIFEROUS TREES, AT 15 FEET ON CENTER, ALONG THE NORTH PROPERTY LINE FROM THE FRONT OF THE HOUSE TO THE REAR LINE OF THE POLE SHED. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Request by Mike Jones for a Variance, Public Hearing - Case No. V 01-08 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated the applicant is requesting a variance to allow a slope greater than 3:1 to e~st without a retaining wall. She discussed the lot layout, the NSP easement, and the five conditions that must be met in order to grant a variance. She stated that the applicant would like to use erosion control blankets and a seed mix on the slope rather than retaining walls. Ms. McPherson discussed the concerns of staff, the city engineer, and stated that the Board of Adjustments voted to deny the variance request. Mayor Klinzing opened the public hearing. Mike Jones, 11740 200th Avenue - Discussed the five conditions of the variance and why he felt that the request met each of these conditions. Mr. Jones stated that he couldn't afford to build retaining walls on this slope. He felt that his situation was unique due to the NSP easement over 90 percent of his property and he felt the city should not have issued him a building permit. He stated that the retaining walls required by the city would be to close to his house and would cause a water problem. Mayor Klinzing closed the public hearing.