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08-009 RES• RESOLUTION NO. 08-0~ 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 Meland 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 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, 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 fox 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 City of Elk River, based on the findings of fact set forth above, hereby denies the application fox an interim use pernut for mineral excavation. Passed and adopted by the City Council of the City of Elk River this 4'~ day of February, 2008. Steph 'e A. Klinzing, Mayor ATTESTS `'-~"~ '^ Tina Allard, City Clerk •