06/04/2007 Council Packet - Laserfiche WebLink

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I f Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -82 RESOLUTION STATING REASONS FOR DENIAL OF AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW EARTH MATERIAL STORAGE AT 6644 20TH AVE SOUTH WHEREAS, Royal Oaks Realty has submitted a request to the City to grant a conditional use permit to allow earth material storage at 6644 20th avenue south, and; WHEREAS, the legal description of the property is: and; The west 823 feet of the south 795 feet of the southwest quarter of the northwest quarter of Section 25 Township 31 Range 22; excluding the south 265 feet thereof, also excluding the County highway Right -of -Way and any easements of record. • WHEREAS, the City's review is based on the site plan received February 9, 2007, and; • WHEREAS, the planning commission held a public hearing on the application on May 9, 2007 and recommended denying approval with a 4 -3 vote, and; WHEREAS, the City Council voted to deny the application at its meeting on May 29, 2007, and WHEREAS, MN Statute 15.99 requires the adoption of a written statement of the reasons of denial if the City Council denies a request; THEREFORE, the City Council of Lino Lakes makes the following findings: 1. Section 3, Subd. 12.B. of the Lino Lakes Zoning Ordinance (Ordinance No. 08 -03) requires a conditional use permit when 5,000 or more cubic yards of material is to be removed or deposited on any lot or parcel. The proposal includes moving or depositing over 5,000 cubic yards of material on the parcel and therefore requires a conditional use permit. 2. Section 2, Subd. 2.B.7. of the Lino Lakes Zoning Ordinance requires that a project receiving a conditional use permit: (a.) must be consistent with the policies and recommendations of the Comprehensive Plan; and (b.) must be compatible with present and future land uses of the area. The Comprehensive Plan guides the site and surrounding area for Medium Density Residential, Low Density Sewered Residential, and Low Density Unsewered Residential land uses. An earth material storage operation is not compatible with these uses.