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RESOLUTION 87-27 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A TEMPORARY CONDITIONAL USE PERMIT TO RICHARD AND EILEEN BERGMANN, TO ALLOW THE OPERATION OF AN ASPHALT MIX PLANT BY ANDERSON BROTHERS CONSTRUCTION COMPANY WHEREAS, Richard and Eileen Bergmann have applied for a Temporary Conditional Use Permit for a Asphalt Mix Plant on-e_rihou� cn their property described as follows: The South 534.9 feet of the North 925.9 feet of the West 1/2 of the Northwest 1/4 of Section 1,T291g,R21W; and the North 300 feet feet of the Easterly 640 feet of the East 1/2 of the Northwest 1/4 0£ the Northwest 1/4 of Section 1 T29N, Range 21W, in the City of Lake Elmo. WIIEREAS, Section 301.070 D. 1.b.6. of the Municipal Code of Lake Elmo states that The City Council may, at its discretion, allow nontraditional Alternate Agricultural uses by Conditional Use Permit. The purpose of the Conditional Use Permit shall be to allow the landowner to obtain a reasonable return from the agricultural land and still maintain the open spaces and preservation of agricultural use. WHEREAS, this Alternate Agricultural Conditional Use Permit is of a temporary nature. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that a Temporary Alternate Agricultural Conditional Use Permit for an asphalt plant is granted to Richard and Eileen Bergmann based on the following conditions: 1. Berming shall be placed around the diesel and fuel oil tanks and the bermed area shall be lined with a suitable plastic liner per Minnesota Pollution Control Agency requirements for bermed containment areas. 2. The temporary use permit period shall commence May 18, 1987 and continue for 70 work days, Mondays through Satrudays, exclusive of rainy days. 3. The operating hours starting May 18, 1987 shall be from 7:00 a.m. to 7:00 p.m., Mondays through Saturdays; with 10 days allowed where work may continue until 8:30 p.m. 4. No overnight ramping or residence by workers shall be allowed on the work site. 5. Dust control measures shall be implemented for the access road and the area where the asphalt plant will be operated. 6. A map indicating the actual location of the temporary use area and the access road shall be provided.