HomeMy WebLinkAbout8.a. SKB Environmental Interim Use Permit RenewalCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
Planning Commission Meeting Date: December 18, 2001
AGENDA ITEM: SKB Environmental Interim Use Permit
Renewal
AGENDA SECTION:
New Business
PREPARED BY: Rick Pearson, City Planner
AGEND
ATTACHMENTS: Draft IUP Agreement, Plan Reductions, PC
APPROVED BY:
Minutes (11- 27 -01)
Applicant & Property Owner(s):
Location:
Area in Acres:
Comp. Guide Plan Desig:
Current Zoning:
Nature of request:
Planning Commission Action:
►/_ FUMMs 1
SKB Environmental
13425 Courthouse Boulevard (TH 55)
Approx. 235
Waste Management
Waste Management
Renewal of the current Interim Use Permit (IUP) for five years
Recommendation of Renewal (3 -0)
SKB Environmental has applied for a renewal of its Interim Use Permit to continue the operation of the landfill
on TH 55 or Courthouse Blvd.
This application is separate from the previous request to modify the IUP to expand the facility, which was
denied by the City Council. The permit to operate the facility must be renewed every five years. In this case,
there is no change proposed for the cells as they are currently designed and operated.
The current IUP was modified in 1997 for the four cells that are in use. The re- issuance was somewhat more
complex at the time, because the renewal was combined with a design modification that changed the cell design
from 10 cells to four. That request was made by USPCI, then owned by Laidlaw. The IUP was then reassigned
to SKB after their purchase of the facility from Safety -Kleen
PLANNING COMMISSION PUBLIC HEARING
No one attended the public hearing or commented other than the applicant. One Commissioner had questions
regarding pending street and intersection improvements in the area. Staff explained that a transportation system
study was underway, and that recommendations would be forthcoming.
RECOMMENDED ACTION:
Motion to authorize the execution of the Interim Use Permit renewal agreement for SKB Environmental
subject to final approval by Dakota County and the Minnesota Pollution Control Agency, and City Attorney
Review
CITY COUNCIL ACTION:
INTERIM USE PERMIT AGREEMENT
REISSUANCE to SKB, INC.
MINNESOTA INDUSTRIAL CONTAINMENT FACILITY
THIS AGREEMENT, dated Decemberl8, 2001, made by and between SKB Environmental
Inc. (hereinafter "SKB ") and the City of Rosemount, a Minnesota municipal corporation
(hereinafter the "City "). The parties hereto agree as follows:
1. Interim Use Permit. SKB assumed the obligations of an Interim Use Permit
(IUP) originally granted by the City on March 19, 1992 (Resolution 2000 -29) for the
construction, operation, and maintenance of the Minnesota Industrial Containment Facility
(MICF). The execution of this Agreement by the parties shall constitute approval and reissuance
of the IUP by the City subject to the provision of this Agreement. This Agreement constitutes
the reissued IUP, as amended. Compliance with Minnesota Pollution Control Agency Permit
No. , dated (MPCA Permit) as renewed and amended, and
Dakota County Solid Waste License, approved
(DC License) as renewed
and amended, which are incorporated herein by reference, and conformance with the application
of SKB to the City as amended, are conditions of the ILTP. This IUP is issued by the City in
accordance with Ordinance B, City of Rosemount Zoning Ordinance, adopted September 19,
1996, as amended, including Section 11.3.
2. Term. The MICF Permit Renewal Application for Permit No. 383 Minnesota
Industrial Containment Facility, Rosemount, Minnesota (Volumes I, III, IV and V), dated August
2, 1996, details the revised design, construction, operation, closure, corrective actions, and
revisions thereto, and financial assurances for a four (4) cell non- hazardous industrial waste
containment facility, with an anticipated operating life of ninety (90) years. Construction,
operation, and closure of the individual cells will be phased throughout the operating life of the
facility. Consistent with the term of MPCA Permit and the provisions of Ordinance B, this IUP
is valid for five years from the date issued, reissued, or until terminated, or amended by the City.
Prior to expiration of the IUP, or to apply for an amended IUP, SKB shall request that the City
review and reissue the IUP. To avoid possible termination of the IUP at the time the IUP
expires, an application for reissuance of the permit must be submitted no later than 180 calendar
days before the expiration date of the permit. The reissuance of the IUP may, at the option of the
City, be approved without modification to this Agreement, or the City may require SKB to
modify this Agreement.
3. MICF Description MICF is located on property legally described on
attached Exhibit A. The 236 -acre site is located between TH55 and CR38, lying easterly of the
Chicago and Northwestern Railroad. The location of MICF is illustrated on attached Exhibit B.
MICF consists of four (4) containment cells, each occupying a surface area and
waste volume capacity as follows: (a) Cell 1 contains 5.7 acres and 338,442 cubic yards; (b) Cell
2 contains 18.0 acres and 1,357,471 cubic yards; (c) Cell 3 contains 36.9 acres and 3,541,636
cubic yards; and (d) Cell 4 contains 11.9 acres and 800,436 cubic yards. The anticipated
operating life of MICF is ninety (90) based on a total capacity of 6,037,985 cubic yards. The
facility also consists of an office /laboratory building, a container management building, rail and
truck unloading facilities, leachate storage tanks and on -site stormwater retention areas. The
general site plan is illustrated on attached Exhibit C.
This Agreement allows for the construction and maintenance of all the roadways,
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railways, buildings, leachate storage tanks, stormwater retention structures, sanitary sewer,
berming, landscaping, and other ancillary components of MICF. Subject to the provisions of
Section 12, this Agreement also allows for the construction, operation, closure and postclosure
care of cells 1, 2, 3, 4 and all related earth work and excavation, subject to the provisions of this
Agreement, compliance with City ordinances and issuance of necessary permits.
4. Design Plans and Specifications. SKB shall construct MICF in accordance
with plans, specifications and procedures approved by the Minnesota Pollution Control Agency
(MPCA), Dakota County (DC) and the City. Landscaping shall be completed in accordance with
the approved landscape plan as identified in Exhibit E of this Agreement. Any exceptions to the
approved plans and specifications made during construction shall be listed in the Construction
Certification provided pursuant to Section 9. SKB shall not make any alteration or addition to
MICF that would materially alter the method or effect of disposal without first obtaining the
written approval of the City Administrator.
5. Quality Assurance /Quality Control SKB shall construct, operate, and
monitor MICF in accordance with the quality assurance /quality control plan(s) approved by
MPCA. Any modifications to the quality assurance /quality control plan(s) require the written
approval of the City Administrator.
6. Additional Construction Permits SKB shall obtain all required construction
permits, such as grading, excavation, building, plumbing, heating, electrical, and occupancy
permits, in accordance with the adopted standards, procedures, and requirements of the City. All
construction permits for improvements identified in Section 3 and authorized by Issuance of the
IUP are administratively issued and administered.
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7. Construction Inspection. SKB shall instruct its contractors and
subcontractors to contact the City at least two (2) working days in advance of routine inspections
(building, plumbing, electrical, etc.) required by the City. SKB shall contact the City at least ten
(10) working days in advance of the commencement of construction of liner installations,
leachate collection systems, and final cell cover. During hours of construction, SKB shall grant
the City and its agent, upon presentation of proper credentials, access to MICF for the purpose of
inspections and enforcement related to construction.
8. Sanitary Sewer Connection. MICF-shall remain connected to the
Metropolitan Interceptor and the Rosemount Wastewater Treatment Plant. SKB will be
responsible for all costs resulting from the sewer connection including, but not limited to, the
City's engineering, construction, permitting, easement, and legal costs.
9. Construction Certification. Within thirty (30) days of construction
completion, SKB shall submit to the City a copy of the construction certification as required by
MPCA.
10. Soil Protective Cover. The City acknowledges the ongoing nature of soil
cover placement and will not require notice for inspections. The City and its agents may make
random inspections throughout the life of MICF.
11. Operations and Maintenance SKB shall operate and maintain MICF in
accordance with the "Operational Plans" (volume IV of V, MICF Permit Application), MPCA
Permit, and DC License. No amendments maybe made to the "Operational Plans" without the
written approval of the City Administrator.
12. Waste Acceptance. SKB shall accept reject, and manage wastes according
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to the approved "Waste Acceptance Plan" (Volume IV of V, MICF permit Application). SKB
shall not dispose of any wastes identified as unacceptable wastes in the "Waste Acceptance
Plan", City Zoning. Ordinance, DC License or MPCA Permit. No amendments may be made to
the "Waste Acceptance Plan" without the written approval of the City Administrator..
A. Disposal of Ash /Conditions. Despite the provision of Section 12 above, SKB may
dispose of ash at MICF, but only pursuant to the following conditions:
1) SKB shall not use ash as cover over waste when fill heights exceed the height
of the perimeter berm at the MICF.
2) During transport of all ash to the MICF, trucks carrying the ash must be
covered with tarpaulins adequate to limit dusting.
3) SKB shall take adequate steps to prevent dust migration from ash disposal at
the MICF. SKB may utilize, but is not limited to, one or more of the following
methods for dust control; a) conditioning the ash by addition of moisture; b)
handling ash when wind conditions are calm; c) immediately covering ash with
cover materials. All methods utilized must be in conformance will all other
provisions of the permit.
4) Ash disposal at MICF must not result in leachate discharges to the Rosemount
Waste Water Treatment plant which fail to comply with Industrial Discharge
Permit requirements of the MWCC.
5) SKB shall submit with its annual report a summary of the quantity (in tons and
cubic yards), type and source of ash deposited into MICF and shall provide an
evaluation of the effects of ash on the chemical composition of leachate
discharged from the MICF to the Rosemount WWTP.
6) Any ash disposal that requires an Environmental Assessessment Worksheet
(EAW) and/or an Environmental Impact Statement (EIS) shall not be permitted
under this permit without first securing approval by the City Council following
completion of the environmental review process.
13. Personal Training. All SKB personnel involved in the operations and
maintenance of MICF shall be trained, qualified, and certified as identified in the "Operational
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Plans"
14. Incident Reporting. For any incident during operations at MICF resulting in
emergency, shutdown, personal injury, release, explosion or fire, SKB shall notify the City's
Police Department by telephone within two (2) hours of the detection of the incident;
emergencies shall require immediate notification. SKB shall promptly furnish the City with
written reports of the incident, as specified in the plans.
15. General Inspections, Records, Reporting, Enforcement SKB shall,
during normal operating hours, grant the City and its agents, upon presentation of proper
credentials, access to MICF for the purpose of inspections and enforcement of this agreement.
Except for information deemed privileged in accordance with state'law, SKB shall allow the City
to inspect written documentation pertaining to compliance by SKB with the terms of this IUP.
Records pertaining to compliance at MICF shall include but are not limited to operating records
as described in the "Operational Plans ", the Corrective Action Plan ", and MPCA Permit;
inspections records; monitoring, investigation and modeling data; personnel training records;
reports and plans required by regulatory agencies; correspondence with regulatory agencies; and
records and correspondence regarding waste characterization, evaluation, management,
inspection and acceptance /rejection. All information obtained during the course of inspections
shall be used solely by the City or its agents for matters pertaining to this NP.
SKB shall furnish the City with a copy of the "Annual Report" according to the
timetable and requirements of MPCA, as identified in MPCA Permit.
16. Contingency Actions. SKB shall implement contingency and/or corrective
actions as specified in the permit application and MPCA Permit and DC License. SKB shall
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furnish the City with a copy of the remedial measures report or remedial measures plan,
according to the timetable specified in MPCA Permit. No amendments may be made to the
Corrective Action Plan" or the "Postclosure Contingency Action Plan" without the written
approval of the City Administrator.
17. Monitoring/ Reporting. SKB shall monitor MICF in accordance with
MPCA Permit. Nothing shall be construed to prevent SKB from exceeding MPCA Permit
requirements.
18. Closure. SKB shall close MICF in accordance with the Requirements of
MPCA Permit. SKB shall notify the City at least ten (10) working days prior to the date closure
activities for each cell are scheduled to begin. SKB shall notify the City at least ninety (90) days
prior to the date final closure activities for MICF are scheduled to begin. Upon completion of
closure of a cell or MICF, SKB shall notify the City to provide the opportunity for a final
inspection. A copy of the closure certification and supporting documentation that is required by
MPCA Permit shall be submitted to the City upon submittal to the MPCA. No amendment may
be made to the "Closure Plan" (Volume V of V, MICF Permit Application) without the written
approval of the City Administrator.
19. Postclosure. SKB shall provide postclosure care of MICF in accordance
with the requirements of MPCA Permit. No amendments may be made to the "Postclosure Plan
(Volume V of V, MICF Permit Application) without the written approval of the City
Administrator.
20. Financial Assurances. SKB shall comply with the financial assurance
requirements of the MPCA and DC. No reduction in the financial assurance requirements may
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be made without the written approval of the City Administrator.
21. Development Commitment. The provisions of the Development
Commitment, approved by the City Council on October 3, 1989, and dated October 17, 1989, are
incorporated by reference as conditions of the lUP and attached as Exhibit D."`
Provided that, with respect to the disposal of ash as authorized in Section
12.A. of this Agreement, SKB shall pay the sum of $3.25 per ton, based upon a waste generator
charge of $75.00 per ton for the City base service charge, as identified in Section 10b of Exhibit
D. Provided further that the ash disposal charges set forth in this Section are subject to the
generator charge adjustments set forth in Section 10c of Exhibit D.
The provisions of this Section and Sections 9, 10, 11 of.Exhibit D shall
survive the termination of this Agreement and shall remain in effect for one year following
closure of the MICF.
22. Responsibility for Costs SKB and the City agree to fund the out -of- pocket
expenses incurred by the City in the review and issuance of the reissued IUP, according to the
provisions of the Development Commitment. Costs incurred by the City for ongoing monitoring
of the operation of MICF and administration of the IUP shall be paid by the City.
23. Hours of Operation MICF operations are restricted to the hours of 6:00
a.m. to 8:00 p.m., Monday through Saturday: The hours of operation may be amended by the
City Council for reasonable cause.
24. Indemnification. SKB shall defend, indemnify and save the City, its
officers, and employees harmless from and against any and all claims, suits, demands, actions,
fines, damages and liabilities, and all costs and expenses related thereto (including, without
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limitation, reasonable attorneys' fees) arising out of or in any way related MICF.
The provisions of this Section shall survive the termination of this
Agreement and shall remain in effect until final resolution of any and all of the various claims
and actions made as defined in this Section.
25. Other Laws and regulations. SKB agrees to comply with all other laws,
regulation, permits, or licenses which apply to MICF.
26. Severabilit_y. If any provision of this Agreement is found to be invalid, such
finding shall have no affect on the validity of the remainder of this Agreement.
27. Notice of Violation. Notice of a violation of any provision of the IUP shall
be given to SKB by the City in writing. Such written notice shall specify the violation and
request that the violation be corrected. Such written notice shall specify the violation and request
that the violation be corrected. SKB shall have ten (10) days after receipt of notice to correct the
violation. Upon evidence that the health, safety, and welfare of the public is not in jeopardy and
upon evidence of diligent cooperation by SKB to correct the violation, the City Administrator
may agree in writing to extend the ten -day period.
28. Termination. This IUP shall terminate on the happening of any of the
following events, whichever first occurs:
(1) Five (5) years from the date of this Agreement;
(2) Upon change in the City's zoning regulation which renders the use non-
conforming;
(3) By the City Council (Council) for violation of any provisions of the IUP,
in accordance with the following procedures;
Page 9
Termination shall not occur earlier than ten (10) working days from the time
that written notice of termination is served on SKB or, if a hearing is requested, until written
notice of the Council action has been served on SKB. Notice to SKB shall be served personally
or by registered or certified mail at the address designated in the IUP. Such written notice of
termination, the nature of the violation or violations constituting the basis for the termination, the
facts which support the conclusion that a violation or violations has occurred and a statement that
if SKB desires to appeal, it must within ten (10) working days, exclusive of the day of service,
file a request for a hearing. The hearing request shall be in writing stating the grounds for appeal
and be served personally or by registered or certified mail on the City by midnight of the tenth
(10th) working day following service. Following receipt of a request for a hearing, the City shall
set a time and a place for the hearing.
HEARINGS:
A. If SKB properly requests a hearing on termination of the IUP, such hearing
shall be held before the Council, or a hearing examiner as provided below, and
shall be open to the public.
B. Unless an extension of time is requested by SKB in writing directed to the
City and is granted, the hearing will be held no later than forty -five (45) calendar
days after the date of service of request for a hearing, exclusive of the date of such
service. In any event, such hearing shall be held no later than sixty (60) calendar
days after the date of service of request for a hearing, exclusive of the date of such
service.
C. The city shall mail notice of the hearing to SKB at least fifteen (15) working
days prior to the hearing. Such notice shall include a statement of time, place, and
nature of the hearing.
D. Hearing Examiner: The Council may by resolution appoint an individual, to
be known as the hearing examiner, to conduct the hearing and to make findings of
fact, conclusions, and recommendations to the council. The hearing examiner
shall submit the findings of fact, conclusions and recommendations to the Council
in written report, and the Council may adopt, modify, or reject the report.
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E. Conduct of the Hearing: SKB may be represented by counsel. The City,
SKB, and additional parties, as determined by the Council or hearing examiner, in
that order, shall present evidence. All testimony shall be sworn under oath. All
parties shall have full opportunity to respond to and present evidence, cross
examine witnesses, and present argument. The Council or hearing examiner may
also examine witnesses.
F. The City shall have the burden of proving its position by a preponderance of
the evidence, unless a different burden is provided by substantive law, and all
findings of fact, conclusions, and decisions by the Council shall be based on
evidence present and matters officially notified.
G. All evidence which possesses probative value, including hearsay, may be
admitted if it is the type people are accustomed to rely on in the conduct of their
serious affairs. Evidence which is incompetent, irrelevant, immaterial, or unduly
repetitious may be excluded. The hearing shall be confined to matters raised in
the Cities written notice of termination or in SKB's written request for a hearing.
H. At the request of the City, SKB, or the hearing examiner, a pre - hearing
conference shall be conducted by the hearing examiner, if the Council has chosen
to use one, or by a designated representative of the Council. The pre - hearing
conference shall be held no later than five (5) working days before the hearing.
The purpose of the pre - hearing conference is to:
(1) Clarify the issues to be determined at the hearing.
(2) Provide an opportunity for discovery of all relevant documentary,
photographic, or other demonstrative evidence in the possession of each
party. The hearing examiner or City's representative may require each
party to supply a reasonable number of copies of relevant evidence capable
of reproduction.
(3) Provide an opportunity for discovery of the full name and address of
all witnesses who will be called at the hearing and a brief description of
the facts and opinions to which each is expected to testify. If the names
-and addresses are not known, the party shall describe them thoroughly by
job duties and involvement with the facts at issue.
I. If a pre - hearing conference is held, evidence not divulged as provided above
may be excluded at the hearing.
J. If SKB fails to appear at the hearing, it shall forfeit any right to a hearing
before the Council or hearing examiner.
29. Amendments. Any changes in the provisions of this Agreement, requested
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by SKB, require the express written consent of the City. The City may at its option impose
additional requirements for the IUP, when changes or amendments in waste management rules,
laws, or technology are in the best interest of public health, safety, and welfare, or if there are
changes in the MPCA Permit or DC License. The procedure to amend the IUP shall be the same
procedure required to issue the IUP.
30. Enforcement SKB shall reimburse the City for its reasonable costs (including
without limitation engineering and legal fees) incurred in the enforcement of the IUP, which
result in a City Council decision to terminate the IUP. Payment of these costs will be in addition
to the City Service Charge, provided for in the Development Commitment.
31. Interpretation In any challenge of the provisions of this Agreement, the
interpretation of the provisions shall be liberally construed to protect the public health, safety,
and welfare.
32. Assignment The IUP is not assignable or transferable without the express
written consent of the City. In the event an assignment of the IUP is proposed, the City may at
its option impose additional requirements to this Agreement or may require a new agreement.
33. Notice Notices given pursuant to this Agreement shall be personally delivered
or sent by certified mail to the City of Rosemount, 2875 145"' St. W., Rosemount, Minnesota
55068 -0510 and to SKB, Inc., 13425 Courthouse Boulevard, Rosemount, Minnesota 55068. All
notices shall be effective upon receipt.
34. Recording This Agreement shall run with the subject land and may be recorded
in the Dakota County Recorder's Office.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first written above.
CITY OF ROSEMOUNT:
Cathy Busho, Mayor
Thomas D. Burt, City Administrator
Date
SKB ENVIRONMENTAL INC.
President
Date
Page 13
SITE MAP
,l
r limensions rounded to nearest foot. N
op 2001, Dakota County - 5 ENV I R ON MEN TNL
his drawing is neither a legally recorded map nor a survey and is not intended to be used as one.
his drawing is a compilation of records, information and data located in various county, and _
ate offices and other sources, affecting the area shown, and is to be used for re purposes "E LL C)�
ily. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are
und, please contact Dakota County Survey and Land Information Department. 1
ap Date: November 20, 2001 Parcels Updated: 11/8/2001 Aerial Photography
Planning Commission
Regular Meeting Minutes
November 27, 2001
Page 2
Ch rperson Weisensel opened the floor to the applicant. Steve B a and Tom
Vo ische were available to answer questions.
Chairpe on Weisensel opened the floor to the public. ere were no comments.
MOTION b Arveson to close the public hearin Seconded by Napper. Ayes:
Weisensel, Ary on, and Napper. Nays: 0. ion carried.
MOTION by Nappe to recommend th he City Council approve the lot split for the
Abbott property subject o a restricti on further subdivision until Connemara Trail is
being constructed to the e e of t property. Seconded by Arveson.
MOTION by Weisensel t th otion be amended to add language concerning the
dedication of a right -of- y by St. eph's Church for the west half of Birchwood
Avenue. Seconded b Arveson. Ayes: eson, Napper, and Weisensel. Nays: 0.
Motion carried.
M apper to recommend that the Cit Council approve the lot split for the
MOTION b
Abbott pr erty subject to arestriction on further subdivision until Connemara Trail is
being nstructed to the edge of the property or if St. eph's Church dedicates right-of-
way/for the west half of Birchwood Avenue. Seconded b Arveson. Ayes: Napper,
Weisensel, and Arveson. Nays: 0. Motion carried.
Public Hearing: SKB Environmental Interim Use Permit Renewal
Chairperson Weisensel confirmed that the recording secretary has placed on file with the
City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of
Publication concerning the public hearing on the SKB Environmental Interim Use Permit
Renewal.
Mr. Pearson presented the application by SKB for renewal of its Interim Use Permit for
operation of an environmental landfill. This request applies solely to the IUP five -year
renewal based upon no changes to the facility. The application does not pertain to
previously requested changes to the facility.
Chairperson Weisensel opened the floor to the applicant. Mike Fullerton was available to
answer questions.
Chairperson Weisensel opened the floor to the public. There were no comments.
MOTION by Arveson to close the public hearing. Seconded by Napper. Ayes:
Weisensel, Arveson, and Napper. Nays: 0. Motion carried.
Planning Commission
Regular Meeting Minutes
November 27, 2001
Page 3
MOTION by Arveson to recommend that the City Council approve the Interim Use
Permit renewal for SKB Environmental subject to final approval by Dakota County and
the Minnesota Pollution Control Agency. Seconded byNapper. Ayes: Arveson,
Napper, and Weisensel. Nays: 0. Motion carried.
Old Business: None.
New Bu - ness: None.
Director's Re ort:
Mr. Pearson advi d the Planning Commission Centex Homes is requesting a Minor
PUD Amendment c cerning the quad uni in the Bloomfield Addition. The
amendment involves th ddition of c ered porches to the townhome units. The
building footprint remains s . The porches encroach 2% feet into the setback area.
Because Staff views the amen ent inconsequential, the matter will be brought directly
to the City Council for rev' w.
Commissioners di ssed the proposed c nges in further detail. No issues were
identified.
There ing no further business to come before this ission, upon MOTION by
We' ensel and upon unanimous decision, the meeting was ourned at 7:00 p.m.
Respectfully submitte ,
Dianne G. Quinnell
Recording Secretary