06/04/2007 Council Packet - Laserfiche WebLink

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y I' • • AGENDA ITEM 1 STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: June 4, 2007 TOPIC: Resolution 07 -82, Adopting Findings For Denial of Conditional Use Permit Application for Earth Material Storage Royal Oaks Realty ACTION: 3/5 BACKGROUND At the May 29 meeting the City Council denied an application by Royal Oaks Realty for earth storage on a site on 20th Ave. The "deadline law ", MN Statute 15.99, states in part: If a multimember governing body denies a request, it must state the reasons for denial on the record and provide the applicant in writing a statement of the reasons for the denial. If the written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the request but before the expiration of the time allowed for making a decision under this section. The written statement must be consistent with the reasons stated in the record at the time of the denial. The written statement must be provided to the applicant upon adoption. MNStat 15.99, Subd. 2(c) After the May 29 meeting, staff consulted with the City Attorney about the requirements of the statute. As required by law, the City Council must adopt a written statement of reasons for the denial of the application. The deadline for action on this application is June 6. Resolution 07 -82 includes a list of findings, the reasons for City Council's denial as stated at the May 29 meeting. OPTIONS 1. Adopt Resolution 07 -82 adopting findings for denial of conditional use permit. 2. Do not adopt Resolution 07 -82, which would create a possible situation of approving the CUP application by default. RECOMMENDATION Option 1