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WIWI! NO- IN <br />I' <br />A RESOL UTIONAPPROVING A CONDITIONAL USE PERMIT TO ALLOW THE GRADING <br />AND EXCAVATING OF OVER 400 CUBIC YARDS OF MATERIAL PER ACRE AT <br />9242 HUDSON BOULEVARD NORTH <br />WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing <br />under the laws of the State of Minnesota; and <br />WHEREAS, Joe Heinen of Gatsby Investors 1, LLC, 595 Lake Ridge Drive, Shoreview, <br />MN 55126 (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") <br />for a Conditional Use Permit to conduct a substantial grading project at 9242 Hudson Boulevard <br />North that will involve the moving of over 400 cubic yards of material per acre on the site, a <br />copy of which is on file with the City; and <br />WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo <br />Zoning Ordinance, Section 154.018; and <br />WHEREAS, the Lake Elmo Planning Commission held a public bearing on said matter <br />on September 10, 2012 and further reviewed said application at its October 22, 2012 meeting; <br />and <br />WHEREAS, the Lake Elmo Planning Commission has submitted its report and <br />recommendation to the City Council as part of a Staff Memorandum dated November 7, 2012; <br />and <br />WHEREAS, the City Council considered said matter at its November 7, 2012 meeting. <br />NOW, THEREFORE, based on the testimony elicited and information received, the <br />City Council makes the following: <br />1) That the procedures for obtaining said Conditional Use Permit (CUP) are found in the <br />Lake Elmo Zoning Ordinance, Section 154.018. <br />2) That the procedures for obtaining a grading and excavating permit are found in the Lake <br />Elmo Zoning Ordinance, Section 151.017. <br />3) That all the submission requirements of said 151.017 have been met by the Applicant. <br />