3.10. SR 02-04-2008Elk REQUEST FOR ACTION
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River
To Item Number
Ci Council 3.10.
Agenda Section Meeting Date Prepared by
Consent February 4, 2008 Rebecca Haug, Environmental
Administrator
Item Description Reviewed by
Resolution Adopting Findings of Fact for Denial of Interim Use Sheila Cartne ,Senior Planner
Permit Requested by Kevin Meland, Case No. CU 08-01 Reviewed by
Action Requested
Adoption of resolution of findings of fact fox denial of an Interim Use Permit for Kevin Meland, to
continue mining his property, Case# CU 08-O1.
Summary
The applicant received an interim use permit (IUP) to mine 7.25 acres on October 25, 2005.
Approximately 24,000 cubic yards of material was proposed to be mined within two (2) years so a rezone
and license were not required. Currently, only a quarter of the ponds have been excavated.
The Planning Commission recommended denial at their January 8, 2008 meeting. The City Council
denied the request at their January 22, 2008 meeting, based on the facts as outlined in the attached
resolution.
Attachments
. Resolution denying interim use permit request CUP OS-01 and establishing findings of fact
therefore
Council Action Motion by Second by Vote
Follow Up
S:\PLANNING\Case Files\CUP\CU 08-01 Meland\REQUES'1' COUNCIL ACTION -denial.doc
• RESOLUTION NO. 08-_
CITY OF ELK RIVER
A RESOLUTION DENYING INTERIM USE PERMIT REQUEST CUP 08-01,
AND ESTABLISHING
FINDINGS OF FACT THEREFORE
WHEREAS, Application was made on November 26, 2007 by Kevin Me]and fox an extension
to his Interim Use Permit approval pursuant to Section 30-658 of the Elk River
City Code of Ordinances, for the property legally described as Lot 1, Block 1,
Dunham Addition; and
WHEREAS, The application fox approval (the Application) was referred to the Ciry 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, 2008; and
WHEREAS, Following completion of the public hearing, the City Council made the following
findings of fact with respect to the application:
• 1. The Mining Activity will extend beyond the timeframe that is appropriate for
an interim use permit and a formal conditional use permit is required.
2. The use is not consistent with the Comprehensive Plan and is not zoned for
Mineral Excavation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Ciry of Elk River, based
on the findings of fact set forth above, hereby denies the application for an interim use permit for
mineral excavation.
Passed and adopted by the Ciry Council of the City of Elk River this 4''' day of February, 2008.
Stephanie A. Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
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