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Home My WebLink About2001-036 Council Resolution01 -36 • Council Member(ISl/1A- introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-36 RESOLUTION RESCINDING THE SITE AND BUILDING PLAN APPROVAL AND CONDITIONAL USE PERMIT FOR H & L MESABI, 325 APOLLO DRIVE WHEREAS, the Lino Lakes City Council approved a site and building plan for H & L Mesabi on February 14, 2000, and WHEREAS, the Lino Lakes City Council also approved on the same date a conditional use permit for H & L Mesabi to allow outdoor storage, and WHEREAS, the site plan and conditional use permit were approved for the following property: (see attached legal description) • WHEREAS, Section 2, Subdivision 5.E.2. of the Lino Lakes zoning ordinance states Activities authorized by site and building plan approval shall be initiated within six (6) months. If such activity is not completed within eighteen (18) months, the site approval shall no longer be in effect, and application and approval of site and building plans shall be required and, WHEREAS, no activity has been initiated on the site within six months of approval and authorized activity will not be completed within eighteen months of approval, and WHEREAS, Section 2, Subdivision 2.B.11. of the Lino Lakes zoning ordinance states If construction has not begun within one (1) year after the date of the conditional use permit, or if substantial construction has not taken place within three (3) years after the date of issuance of the conditional use permit, the permit is void. A conditional use specified in the permit expires if, for any reason, the authorized use ceases for more than one year. and, WHEREAS, construction has not begun within one year after the date of the conditional use permit approval and no activity is expected, and • WHEREAS, Resolution 01 -39 terminates the assessment agreement between the City and H & L • • Mesabi, NOW, THEREFORE, BE IT RESOLVED that the site and building plan approved February 14, 2000 for H & L Mesabi is hereby declared no longer be in effect in accordance with the zoning ordinance, and BE IT FURTHER RESOLVED that the conditional use permit approved February 14, 2000 for outdoor storage is hereby declared void in accordance with the zoning ordinance. Adopted by the Lino Lakes City Council this /)- day of /%t 42001 Ry -C el Gaustad, CMC, John J ': erg on, ayor Clerk/Treasurer The motion for adopt' n of the foregoing resolution was duly seconded by Council Member t( (J..' and upon vote being taken thereon, the following voted in favor thereof: aa The following voted against same: icG Whereupon said resolution was declared passed and adopted. • • AGENDA ITEM 7 B STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: March 12, 2001 TOPIC: Resolution No. 01 -36: Rescinding Approvals of Site & Building Plan Review and Conditional Use Permit H & L Mesabi VOTE REQUIRED: 3/5 BACKGROUND In February 2000, the City Council approved a site plan and conditional use permit for fl & L Mesabi. Unfortunately, the project did not come together for the company. The assessment agreement is scheduled to be cancelled as a different item on tonight's agenda. Staff recommends passing a formal resolution revoking the approvals of the site plan and the CUP. While not strictly necessary, it formally recognizes that the project is not going to be constructed and formalizes the rescinding of the approvals. OPTIONS 1. Adopt Resolution No. 01 -36. 2. Return to staff with direction. RECOMMENDATION Option 1 PARCEL C: LEGAL DESCRIPTION FOR H & L Mesabi project • That part of the- Southeast Quarter of Section 18, Township 31, .Range. 22, Anoka County, •Minnesota, lying north of the CITY OF LINO LAKES RIGHT—OF—WAY PLAT NO I, APOLLO DRIVE, according to the recorded plat thereof; lying westerly of a line to be hereafter known as "Line B" for the purposes of this description; and lying easterly of a tine to be hereafter knivisfii as '"Line 'C" for the purposes of this description. ' • Said Line B being described as: Commencing at the Northeast corner of said Southeast Quarter; thence South 88 degrees 22 minutes 57 seconds West, assumed basis of bearings, along the North tine of said Southeast Quarter for a distance of 1106.24 feet to the octual Point Of Beginning of said Line B to be 'hereby described; thence South 1 degree 37 minutes 03 seconds East along said Line B for a distance of 163.00 feet; thence South 30 degrees 29 minutes 14 seconds East East along said Line B for a distance of 284.48 feet, more or less, to terminate said Line B at the intersection thereof with said 'Northwesterly cline of the CITY OF LINO LAKES RIGHT—OF—WAY PLAT NO. I, APOLLO DRIVE. Said Line C being described as: Commencing at the Northeast corner of said Southeast Quarter; thence South 88 degrees 22 minutes 57 seconds West, assurned basis of bearings, along the North line of said Southeast Quarter for a distance of 1359.24 feet to the actual Point Of Beginning of said Line C to be hereby described; thence South I degree..-37 Minutes 03 seconds East along said Line C for a distance of 221.08 feet; thence South 19 degrees 24 minutes 42 seconds _East.-.`% along said Line C for a distance of 314.24 feet, more or less, to terminate said Line C at the intersection thereof with said • Northwesterly tine of the CITY OF LINO LAKES R(GHT—OF—WAY PLAT NO. I, APOLLO DRIVE. • ' , • Reference Title Commitment No. TC-89040, dated 7/16/1999, by Land The following comments on easements, etc., in Schedule B thereof use 9) The road along the-northerly portion of the property is 74th Street NOTES RE ITEMS IN "TABLE A" (AS NEEDED) Title, Inc., furnished us for the, Subject proberty...: the same numbering system QS is Said Schedule -9, and is shown. 3) Flood Plain Zone C per the City of Lino Lakes, Community Parcel No. 270015 '60108, dated May 17, 1982. 4) The parcel area is, 3.09 acres.- 5) The vertical datum is NGVD (1929)1, I I• g\ Ttla • •/,.••.••• . • . • • rsrnnszi-tv k 7nried "L—I" Light Industrial.Princibal building setbacks are :front' yged. 5(1-feet: iear yard ,I5 feet;