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ITEM # 5.1. & 5.2. • 1i City of Elk -�-� River MEMORANDUM TO: Planning Commission FROM: Stephen Rohlf, Building and Zoning Administrator DATE: February 25,2003 SK SUBJECT: Conditional Use Permit Request by Roger Schmidt for Mineral Excavation—CU 03-02/P.H. and Associated Zone Change Request to Mineral Excavation Overlay Zoning District ZC 03-01/P.H. A. Request Roger Schmidt is requesting a conditional use permit to mine 14.81 acres of a 66.06 acre site. A zone change to Mineral Excavation Overlay Zoning District is also required. An 111 asphalt plant associated with the gravel mining was also originally being requested. The petitioner has since withdrawn this portion of the request. Although a mandatory Environmental Assessment Worksheet (EAW) was not required, the petitioner chose to do a discretionary one. The subject property is legally described as NW % of NE 1/4, the N %2 of NW 1/4 of the NE %, and the North 200 feet of the NE 1/4., all in Section 10, T33 North, R26 West, Sherburne County, Minnesota. B. Attachments ➢ A map showing the general vicinity of the property, ➢ a narrative of the request, dated January 2003, provided by the applicant, ➢ 11 inch by 17 inch maps depicting the proposed locations for the mining, existing and proposed contours and drainage patterns, ➢ a letter from Terry Maurer, City Engineer, dated February 14, 2003 concerning his review of the request, ➢ a draft conditional use permit (CUP) containing staff's recommended condition on the request, ➢ an ordinance amendment for the proposed zone change to Mineral Excavation Overlay Zoning District, ➢ and a copy of the EAW and responses received and an associated draft resolution for the City Council's consideration. C. Technical Review of Current Proposal • Terry Maurer, City Engineer, and city staff reviewed this request. The following is a summary of the issues and concerns resulting from this review: