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13. That on June 5, 1996, the Applicant received Air Emission Permit No. 00001988-001 from the Minnesota Pollution Control Agency for a hot mix asphalt facility; this Permit does not have an expiration date. 14. That the asphalt plant will continue to create truck traffic to and from the subject property on an average of 15 trucks per hour when the plant is operating. 15. That the plant will continue to gain public access to County Roads #116 and #57 via 141St Avenue N.W., McKinley Street N.W., Azurite Street N.W., Basalt Street N.W. and Ebony Street N.W. 16. That history has shown that on certain occasions, accelerated work schedules required the extension of hours of operation and this may continue to be the case in the future. 17. That during the period from 2005 to 2010, the City did receive complaints regarding odor emissions relating to plant operations from the occupant of a lawful nonconforming residence located near the asphalt plant; and that all complaints were forwarded acknowledged to and addressed by the Applicant. 18. That the proposed use will not adversely impact traffic in the area. 19. That the proposed use will not be dangerous or detrimental to persons residing or working in the vicinity of the use or to the public welfare. 20. That the proposed use will not substantially or adversely impair the use, enjoyment or market value of surrounding properties. 21. That the proposed use will not be operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and such use will not change the essential character of the area. 22. That the proposed use will not be adequately served by essential public services. 23. That the proposed use will not create additional requirements at public cost for public facilities and services. 24. That the proposed use will not be detrimental to the economic welfare of the community. 25. That the proposed use will not be disturbing or hazardous to existing or future neighboring uses. 26. That the proposed use will not involve uses, activities, processes, materials and equipment and conditions of operation that may be detrimental to any persons, property or the general welfare, by reason of excessive production of traffic, noise, smoke or glare. 27. That the proposed use will be in accordance with the objectives of the Comprehensive Plan and the intent of Section 117-51 Conditional Use Permits of the City Code. RESOLUTION #10-02-058 Page 3 of 4