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• AGENDA ITEM 6C STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: May 29, 2007 TOPIC: Resolution No. 07 -79, Approving Conditional Use Permit, to allow earth material storage at 6644 20th Ave South, Royal Oaks Realty Vote Required: Simple Majority BACKGROUND Royal Oaks Realty is applying for an after the fact Conditional Use Permit for a earth material storage stockpile near the northeast corner of the intersection of Birch Street (CSAH 154) and 20th Avenue South (CSAH 54). The site consists of a 9.3 acre parcel located on the east side of 20th Avenue South approximately 250 feet north of the intersection of Birch Street and 20th Avenue South, as shown on the attached Exhibit A. On August 3, 2006, City staff witnessed a substantial amount of fill material on this property. A cease and desist order was sent on August 4, 2006 notifying the owner that the activity was in violation of Section 3, Subdivision 12 of the Lino Lakes Zoning Ordinance Specifically, when five thousand (5,000) or more cubic yards of material is to be removed from or deposited on any lot or parcel, a Conditional Use Permit shall be required. The zoning ordinance for Earth Moving and Land Reclamation does provide a list of conditions as a prerequisite for granting a permit. The conditions are as follows: 1. Properly fence any pit or excavation, and barricade entrances to prevent the general public from depositing garbage or refuse. 2. Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. 3. Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful as the permitting authority may determine. 4. Limit the depth of such excavation to an elevation no lower than the minimum floor elevation for building construction as established by the City Engineer, so as not to diminish development potential of the parcel. 5. Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or other like and similar non - decomposable material. Concrete, asphalt, metal, wood, and other debris shall be prohibited. -76-