RES 13-08 RESOLUTION 13-08
• A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING CONDITIONAL USE PERMIT REQUEST
CU 13-01 AND ESTABLISHING FINDINGS OF FACT THEREOF
WHEREAS, Application was made on November 26,2012,by Cornerstone Auto for a
Conditional Use Permit to convert a detail shop to an oil change facility
for the property legally described as that part of the Northwest Quarter of
the Northwest Quarter of Section 11,Township 32,Range 26, Sherburne
County,Minnesota;and
WHEREAS, The application for approval (the Application)was referred to the City
Council;and
WHEREAS, The City Council conducted a public hearing on the Application, after
proper publication and due notice thereof as required by ordinance and
statute, on January 22,2013;and
WHEREAS, Following completion of the public hearing, the City Council made the
following findings of fact with respect to the application:
• 1. The conversion will not negatively affect the use and enjoyment of other
property in the immediate vicinity.
2. The conversion is consistent with the Comprehensive Plan.
3. The conversion will not impede the normal and orderly development and
improvement of surrounding vacant property.
4. The conversion is served adequately by and will not adversely affect
essential public facilities and services including streets,police and fire
protection, drainage,refuse disposal,water and sewer systems,parks and
schools;and will not,in particular,create traffic congestion or interference
with traffic on adjacent and neighboring public thoroughfares.
5. The conversion will not involve uses, activities,processes,materials,
equipment and conditions of operation that will be detrimental to any
persons or property because of excessive traffic,noise, smoke, fumes,
glare, odors, dust or vibrations.
6. The conversion will not result in the destruction,loss or damage of a
natural, scenic or historic feature of major importance.
7. The conversion will fully comply with all other requirements of this Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk
River,based on the findings of fact set forth above, hereby approves the Application for a
Conditional Use Permit to convert the detail shop to an oil change facility (Motor Vehicle
Specialty shop), on condition that:
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1. As a conditional use permit is not a building permit, the applicant
shall apply for all required permits. •
2. The development shall meet all applicable fire codes. The fire chief
shall verify the location of all fire hydrants, and may require
additional hydrants necessary to preserve the health and safety.
3. A sign package is not approved.
4. The plat shall be recorded.
5. The agreement for issuance of amended conditional use permit
shall be executed.
Passed and adopted this 4th day of February 2013.
Jf J ,;etz,Mayor
ATTEST:
Tina Allard, City Clerk
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