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2018-09-04 P & Z Packet
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2018-09-04 P & Z Packet
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9/4/2018 8:24:06 AM
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Alex's Lawn and Turf, LLC —Current Conditional Use Permit <br /> Alex's Lawn and Turf, LLC was granted a Conditional Use Permit on November 12, <br /> 2014 (attached) to operate a"Landscaping Business" at 7087 —20'h Avenue. A public <br /> hearing was held during the application process for this permit. There were no comments <br /> from the public at that time. Minutes from the Planning and Zoning Commission as well <br /> as the City Council meetings where the CUP was discussed are attached to this letter. <br /> Alleged Violations of the Conditional Use Permit <br /> Noise <br /> Over the years, the City has received numerous complaints from area property owners <br /> regarding noise, hours of noise/operation and lack of regard for neighbors. In 2017, Mr. <br /> Shuda was cited for a noise violation. Correspondence and other documents related to <br /> noise complaints are included in the attachments to this letter. <br /> Over the past year or so, we have not received complaints about noise being made outside <br /> of permitted business hours and we believe that Mr. Shuda has rectified problems <br /> surrounding this issue. City staff does not believe that the noise produced during <br /> business hours exceeds the thresholds in our ordinance and as referenced in the CUP, <br /> however, no testing has been conducted. <br /> Yard and Quarry Direct(Bulk Landscape Materials) <br /> In early April, 2017 it was brought to the City's attention that a sign had been placed in <br /> the bucket of a front-end loader and parked in the parking lot near 20'h Avenue along <br /> with a billboard on Highway 35E advertising Yard& Quarry Direct. (See attached print- <br /> out from their web site). At this time it was also noted that they exceeded their 10 bin <br /> limit (15 bins). To date it is believed that they have approximately 22-24 bins (see <br /> attached aerial photo). The Conditional use permit limits the number of bins to ten (10) <br /> and only authorizes Alex's Lawn and Turf, LLC to operate form this location. <br /> Correspondence related to the issue of operating Yard and Quarry Direct as well as the <br /> number of allowed bins has been included in this packet. To date, these items appear to <br /> be active violations of the permit. <br />
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