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PROPOSED FINDINGS OF FACT <br />CONDITIONAL USE PERMIT FOR GRADING, MINING AND <br /> BUSSE CONSTRUCTION, INC. <br /> <br />FILLING <br /> <br />l) <br /> <br />2) <br /> <br />3) <br /> <br />4) <br /> <br />5) <br /> <br />6) <br /> <br />7) <br /> <br />8) <br /> <br />9) <br /> <br />1I) <br /> <br />That Mr. Gene Moskop of Busse Construction, Inc. hereinafter referred to as <br />applicant, has property applied for a conditional use permit to excavate materials in <br />the R-1 Rural Residential District. <br /> <br />That the applicant appeared before the Ramsey Planning and Zoning Commission <br />for a public hearing pursuant to Chapter 170.06 and Sections 170.013D and <br />170.017M of the Ramsey City Code on May 15, 1990 and that said public hearing <br />was properly advertised and that the minutes of said public hearing are hereby <br />incorporated as a pan of these findings by reference. <br /> <br />That the subject property is legally described as follows: The Northeast Quarter of <br />Section 7 and Southwest Quarter of Section 8 all in Township 32, Range 25, <br />Anoka County, Minnesota. <br /> <br />That Anoka County has awarded a contract to the applicant for improvements to <br />County Road #83. <br /> <br />That the area of the subject improvements and adjacent property is located in the R- <br />IR Rural Residential District. <br /> <br />That the applicant is requesting a conditional use permit to excavate muck material <br />from the vicinity of Trott Brook and replace it with fill material mined from P.I.N. <br />07-32-25-14-0001 and stockpile up to 10,000 cubic yards of the muck material on <br />City Park property in Autumn Heights. That the applicant is proposing that the <br />remaining muck excavation be placed on the farmland that is being used for the <br />borrow site. <br /> <br />That it is the City's intent to use the stockpiled material for enrichment of topsoil in <br />the City's parks. <br /> <br />That Section 170.064.22 of the Flood Plain Management Ordinance requires a <br />conditional use permit for the placement of fill in a floodway. <br /> <br />That Section 170.064.23 of the Flood Plain Management Ordinance states that a <br />conditional use permit is required to extract fill, gravel and other materials from the <br />floodway. <br /> <br />That according to the Flood Boundary and Floodway Maps ar~-d Flood Insuraye <br />Rate Maps dated November 1979, that area from which muck materials are <br />proposed to be extracted is in the Floodway. <br /> <br />That Section 170.067.2 of the Flood Plain Management Ordinance states that roads <br />to be located within the Floodway District shall comply with Sections 170.064.31 <br />and 170.064.32. In summary, these sections state that floodwa3''s may not be f'flled <br />if it adversely affects the capacity of the floodway or increases flood heights and <br />that any fill deposited in a floodway shall be no more than the minimum amount <br />necessary to conduct conditional use. <br /> <br /> <br />