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06-08-1999 Council Agenda
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06-08-1999 Council Agenda
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Contract, dated October 1, 1990, and all Amendments <br />thereto, and furnish the security required by it. <br />5. Right_.ot Entry The Developer hereby grants the City, <br />its agents, employees, officers and contractors a right <br />of entry to enter the Property to perform all necessary <br />inspections deemed appropriate by the City during the <br />operation of the material storage and processing by the <br />Developer. The right of entry shall expire after the <br />cessation of activities pursuant to the Development <br />Contract. <br />10. Interim Use. Subject to compliance with the terms of <br />the Development Contract, dated October 1, 1990, and <br />all Amendments thereto, and after issuance of an <br />interim use permit, the Developer shall be permitted to <br />operate storage, stockpiling, and processing (crushing) <br />of aggregate materials and other activities relating to <br />the same for the purpose of making recycled concrete <br />and asphalt aggregate, as well as the storage, <br />stockpiling and processing of topsoil (black dirt), as <br />an interim use in an I -2 District. <br />Prior to the establishment of this interim use by the <br />passage of Little Canada Ordinance No. 485 on April 27, <br />1999, and the publication of Little Canada Ordinance <br />No. 485 on May 4, 1999, this use has never been a <br />permitted use within the City and is prohibited within <br />the City, except as an interim use in an I -2 District. <br />Since the current use by the Developer of the property <br />described on the attached Exhibit A has never been a <br />permitted use, the Developer acknowledges that he has <br />no legal right to continue the current use as a <br />grandfathered use. <br />The site shall be improved per the approved Site <br />Development Plan, Exhibit B, which shall include, but <br />not be limited to, the Developer paving the roadway <br />access area, controlling dust, and providing adequate <br />berming of the operation as approved by City staff. <br />The interim use, granted to Developer pursuant to the <br />provisions of this Paragraph and the provisions of the <br />Little Canada Zoning Code, the provisions of Little <br />Canada Ordinance No. 485, and the provisions of the <br />Page 8 <br />
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