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• <br />• <br />Council Member introduced the following resolution and moved its <br />adoption: <br />CITY OF LINO LAKES <br />RESOLUTION NO. 07 -79 <br />RESOLUTION APPROVING CONDITIONAL USE PERMIT, TO ALLOW EARTH MATERIAL <br />STORAGE AT 6644 20TH AVE SOUTH, ROYAL OAKS REALTY <br />WHEREAS, Royal Oaks Realty has submitted a request to the City to grant a <br />conditional use permit to allow earth material storage at 6644 20th avenue south. <br />WHEREAS, the legal description of the property is: <br />The west 823 feet of the south 795 feet of the southwest quarter of the northwest <br />quarter of Section 25 Township 31 Range 22; excluding the south 265 feet <br />thereof, also excluding the County highway Right -of -Way and any easements of <br />record. <br />WHEREAS, the City's review is based on the site plan received February 9, 2007. <br />WHEREAS, the planning commission held a public hearing on the application on May <br />9, 2007 and recommended denying approval with a 4 -3 vote and, <br />WHEREAS, the City Council of the City of Lino Lakes finds that, with the conditions of <br />approval included in this resolution, the following findings of fact apply as required by <br />section 3 Subdivision 12 of the Lino Lakes Zoning Ordinance. <br />1. Properly fence any pit or excavation, and barricade entrances to prevent <br />the general public from depositing garbage or refuse. <br />2. Slope the banks, and otherwise guard and keep any pit or excavation in <br />such condition as not to be dangerous because of sliding or caving banks. <br />3. Properly drain, fill, or level off any pit or excavation so as to make the <br />same safe and healthful as the permitting authority may determine. <br />4. Limit the depth of such excavation to an elevation no lower than the <br />minimum floor elevation for building construction as established by the <br />City Engineer, so as not to diminish development potential of the parcel. <br />