2017.12.19 Planning - Laserfiche WebLink

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2 to one cremation machine. This Special Use Permit would act as an amendment to the previously approved Special Use Permit. Planning Director Gundlach explained the applicant obtained a Special Use Permit on May 24, 2011 to operate a pet cremation business out of the existing building. This approval is documented in Resolution 2011-062. The Special Use Permit was contingent on conformance with 11 conditions. Condition #5 limits the business to only one cremation machine and condition #11 states that any expansion shall require review and approval of an amendment to the Special Use Permit. The original Special Use Permit from 2011 was controversial in the sense that the neighbors to the north, across the railroad tracks, voiced concerns regarding odors, traffic, property values, MPCA requirements, # of cremations that would be conducted in a day, disposal of ashes, and general dislike of the proposed pet cremation use. Extensive research was done by staff to ensure the cremation machine met MPCA guidelines and would not emit odors. In an effort to screen the business from the north, the applicant was required to install 12, six-foot arborvitaes along the northern east/west property line. Initially, the neighbors complained these arborvitaes were not 6’ (they were 5 ½’) and that one died. The applicant explained they purchased the tallest arborvitae available from a reputable nursery (receipts were provided). These arborvitaes reached 6’ within their first year and the dead plants were replaced. In the last 5-6 years, no complaints have been received, staff is not aware of any odor issues, there has never been a fire at the business, nor have any other activities resulted in complaints. Planning Director Gundlach noted, the original Special Use Permit from 2011 included a Site Plan to build a 20’ x 25’ addition to the east end of the building. The applicant ultimately withdrew the Site Plan request to build that addition out of neighbor concerns of “overdevelopment”. Lastly, the applicant intends to install the exact same cremation machine currently in operation. This is a single retort of hot hearth technology, model B & L 200. Additionally, the applicant intends to follow their original model of cremating animals one-at-a-time only. Staff reached out to MPCA staff and verified that no air permitting rules have changed since 2011 regarding these machines and the specifications of the B & L 200 are such that it is exempt from obtaining air permits. Staff recommends approval of the Site Plan and Special Use Permit, subject to the following conditions: 1. The applicant implements the Site Plan and Special Use per the plans submitted and attached to the Planning Report dated November 21, 2017. 2. Prior to issuance of a building permit, the applicant submits plans signed by a licensed architect to be reviewed by the Planning Director to ensure compliance with the representations made in the conceptual drawings attached to the Planning Report. 3. The applicant continues to honor the business model of one-at-a-time cremation and animals shall not exceed 200 lbs. 4. The 12’ front yard driveway encroachment is removed prior to a footing/foundation inspection on the addition. 5. The second cremation machine shall qualify as a Class IV waste combustor per the MPCA guidelines and be a B & L 200, identical to the machine currently in operation at the business. It is the applicant’s responsibility to follow MPCA rules and guidance regarding whether air permits are necessary. 6. Unclaimed ashes are managed in a lawful manner. 7. No odors shall be detectable at or beyond the property line per Zoning Code Section 6-390 (8). 8. The necessary stack from the second cremation machine shall comply with MPCA rules concerning ambient air pollution concentrations and the stack shall be located on the south side of the pitched roof. 9. Any change to the proposed plans, or to the conditions of this approval or the Special Use Permit approval via Resolution 11-062 shall require review and approval of another Special Use Permit.