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MEMO Date: January 4,2006 To: Pequot Lakes City Council &Mayor Fr: Scott Pederson, Planning&Zoning member Re: Appeal: Anderson Brother's conditional use permit for extractive use I plan on attending the January 11th meeting concerning the appeal. I thought I would include in this memo my reasons for denial on this matter for your review. From Section 11.6 from the Land Use and Subdivision Ordinances,part 4 directs the P&Z to decide the issue with consideration of four criteria that must be met. I had problems with items 2, 3, and especially 4. I felt there were no conditions that could be put on this CU that would insure that "the use with conditions would not be injurious to the public health, safety, welfare, decency, order, comfort, convenience, appearance, or prosperity of the City." At major issue were the terms"comfort, convenience"and especially "appearance" and "prosperity of the City" My decision to deny was based on the following: 1. This proposed land use would provide little if anything to the prosperity of the City. Future housing developments and/or park use for this area after a gravel pit would seem to be quite a reach. Considering the area is to be totally void of trees and a 30' deep hole. 2. The proposed 100ft buffer and perimeter fencing from adjacent residential properties would not solve the"comfort, convenience and appearance"factors that must be met according to the ordinances. 3.Truck traffic on and off highway 371 would increase to as many as 400 trips, 200 in and out on a busy day as per Anderson's estimate. Public health, safety and welfare would be greatly impacted. 4. Other factors included considerations from Section 11.6 4B items 1,2,6,7, &8. Points include "not be injurious to the enjoyment of other property in the vicinity;not impede improvement of surrounding property;offensive odor, dust, noise, lighting, ...no disturbance to neighbors;not result in the damage or loss of a natural, scenic feature; promote the prevention of pollution to ground and surface water" Anderson's indicated the bottom of the pit would be within 2 ft of ground water. 5. Surface rehabilitation. In 1998 Anderson Brothers was hired to remove (extract) topsoil from the"Field of Dreams"subdivision. Anderson Brothers promised the City upon completion they would seed and return the field to green. They presented photos of past projects. Anderson Brother's did not live up to their promise as evidenced by the fact that the field surface primarily remains sand and gravel and not green.