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^OV i ••nrQ <br />^996 <br />REQUEST FOR COUNCIL ACTION <br />DATE: November 6, 19% <br />ITEM NO.: <br />Department Approval: <br />Name Jeanne A. Mabusth <br />Title Building & Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoning <br />Item Description: ##2176 Daniel S. Perkins, 55 Landmark Drive - Annual Renewal Conditional <br />Permit /Variance - Resolution <br />Zoning District: RR-IA, 5 acre minimum, dr>- buildable land. <br />Total area of property = 10.4 acres (7.2 dry and 3.2 wet). <br />In January of 1995 Council granted a conditional use permit and variance to permit applicant ’s <br />contractor to excavate approximately 200 cubic yards of peat material from a designated wetland <br />located within applicant's homestead property. Applicant had originally presented a <br />comprehensive plan for the removal of approximately 2,000 cubic yards of peat to be removed <br />over a ten year period of time. Council refused to grant a conditional use permit for a ten year <br />period and advised applicant to file an annual renewal conditional use permit. Applicant has filed <br />the first renewal conditional use permit/variance application to allow the mining of 200 cubic <br />yards of peat for the 1996/97 winter season. The following ordinances are pertinent for this <br />review; <br />1.Section 10.03, Subd. 19 - Conditional use permit required as land alterations involve more <br />than the movement of 100 cubic yards of material. Applicant proposes the excavation of <br />200 cubic yards of peat during the 1996/1997 winter sf-ason. <br />2.Section 10.55, Subo 8 - Variance is required as dredging is proposed within a designated <br />wetland where such .ilterations are prohibited by code. <br />List of Exhibits <br />A - Application <br />A 1-Applicant's Addendum from 1994 Review <br />B - Plat Map <br />C - Property Owners List <br />D - Plan for Land Alteration/Winter of 1996/1997 <br />E - Planning Commission Minutes 11/21/94 <br />F - Council Minutes 12/12/94 <br />G - Resolution #3512 - Approval of CUP'Variances 1/9/95 <br />H - Access to Site of Excavation <br />I - Gustafson Letter 11/15/94 <br />J - MCWD Letter 10/14/94 <br />K - B. Wopat, Dept, of Army Letter, 10/14/94 <br />L - Cross Section of Ponds <br />M - Construction Plan <br />N - Perkin's Letter 10/11/96 <br />4!i