86-086 RES
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RESOLUTION NO. An-An
RESOLUTION GRANTING CONDITIONAL USE PERMIT
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HEIGHT VARI~CE
WHEREAS, application has been made for a Conditional Use
Permit under the provisions of Sections 900.16 and 900.42 of
the City Code on property legally described as:
The Southwest One-Quarter of the Southeast One-Quarter
(SW 1/4 of the SE 1/4), Section Eleven (11), Township
Thirty-Two (32), Range Twenty-Six (26), except the
South Four Hundred Sixty-Eight (468) Feet of the West
Four Hundred Ninety-Five (495) Feet thereof, subject
to highway easement of record.
Sherburne County, Minnesota.
WHEREAS, the application and supporting materials described
in Condition 1 of the attached Exhibit A describe a Facility
composed of three (3) integrated components located in the
City, one of which is located on the above legally described
land, but all of which are necessary for the operation of the
Facility; and
WHEREAS, Northern States Power Company has also requested a
height variance for the Processing Facility component of the
Facility in accordance with Section 900.40 of the City Code;
and
WHEREAS, the matter has been referred to the Planning
Commission who have given their advice and recommendation to
the City Council; and
WHEREAS, the effect of the proposed use upon the health,
safety, and welfare of the citizens of the City of Elk River,
County of Sherburne, State of Minnesota, existing and
anticipated traffic conditions, ground and surface waters, and
its effect on property values of surrounding lands in the City
has been considered; and
WHEREAS, the City Council has considered all of the facts,
reasons, and opinions provided to it during numerous public
hearings and informational meetings, the minutes of which are
on file with the City Clerk, and all of the materials listed in
Condition 1 on the attached Exhibit A, incorporated herein by
reference, all of which were considered in light of the
criteria set forth in Sections 900.40 and 900.42 of the City
Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELK RIVER:
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It is hereby determined that the proposed Facility is
in harmony with the general purposes and intent of the
Zoning Ordinances and Land Use Plan of the City.
2. A Conditional Use Permit incorporating the requested
height variance is granted to the Permittee specified
in and in accordance with the conditions set forth in
Exhibit A which is made a part of the Resolution and
can be examined in the City Clerk's Office.
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3. That the Permittee shall be required to record a copy
of this resolution with the Sherburne County Recorder
and/or Registrar of Titles and to pay all fees for
said recording and shall file proof of said recording
with the City. The building permit for the Facility
described in Exhibit A shall not be issued until or
unless the recording is made within one year from the
date of this approval.
The foregoing resolution was introduced by Councilmember
Tralle and duly seconded by Councilmember Gunkel. The
following voted in favor of the resolution: Hinkle, Schuldt,
Engstrom, Gunkel, and Tralle. The following voted against:
None. The following were absent: None. Whereupon the
resolution was adopted.
ADOPTED:
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Richard HInkle, Mayor
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and acting
Clerk of the City of Elk River, Minnesota, hereby certify that
the above resolution is a true and correct copy of the
resolution as adopted by the City Council of the City of Elk
River on December 1 , 1986.
WITNESS my hand officially as such Clerk and the corporate
seal of the City this 1 day of December ,1986.
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Patrick Klaers , City Clerk
(SEAL)
DCS:AL2
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