Agenda - Council - 05/22/1990 - Laserfiche WebLink

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CONDITIONAL PROPOSED FINDINGS OF FACT USE PERMIT FOR GRADING, EXCAVATING IN THE TROTT BROOK FLOODWAY; BUSSE CONSTRUCTION, INC. As of 5/16/90 AND FILLING 1) 2) 3) 4) 5) 6) 7) 8) 9) lO) 11) That Mr. Gene Moskop of Busse Construction, Inc., hereinafter referred to as "Applicant", has properly applied for a conditional use permit to excavate and fill in the Trott Brook Floodway. That the Ramsey Planning and Zoning Commission conducted a public hearing pursuant to Chapter 170.06 (Flood Plain Management) of the Ramsey City Code on May 15, 1990 and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as a part of these findings by reference. That Anoka County has awarded a contract to the Applicant for improvements to County Road #83. That the area of the subject improvements and adjacent property is located in the R- i Rural Residential Diswiet. That the Applicant is requesting a conditional use perm/t to excavate muck material from the vicinity of Trott Brook and replace it with fill material excavated from the County Road #83 right-of-way. That Section 170.064.22 of the Flood Plain Management Ordinance requires a conditional use permit for the placement of fill in a floodway. That Section 170.064.23 of the Flood Plain Management Ordinance states that a conditional use permit is required to extract fill, gravel and other mater/als from the floodway. That according to the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps dated November 1979, that area from which muck materials are proposed to be extracted is in the Floodway. That Section 170.067.2 of the Flood Plain Management Ordinance states that roads to be located within the Floodway District shall comply with Sections 170.064.31 and 170.064.32. In summary, these sections state that fioodways may not be filled if it adversely affects the capacity of the floodway or increases flood heights and that any fill deposited in a floodway shall be no more than the minimum amount necessary to conduct conditional use. That Section 170.067.2 of the Flood Plain Management Ordinance also states that elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. That Section 170.069.23 states that all necessary State and Federal permits must be obtained by the applicant prior to the granting of the conditional use permit.