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FINDINGS OF FACT GONDITIONAL USE PERMIT L & G REHBEIN, INC. 1. That L & G Rehbein, Inc., hereinafter referred to as 'Applicant", has properly applied for a grading and excavating permit to create a man-made lake in the Northfork P.U.D. 2. That the Applicant appeared before the Planning and Zoning Commission for a public hearing pursuant to Section 170.013D of the City Code on March 3, 1987 and that said public hearing was properly advertised and minutes of that public hearing are hereby inoorporated by reference. 3. That the subject property is legally described as follc~s: That part of Outlot C of Northfork located in the south half of Section 18 and the north half of Section 19, Township 32, Range 25, Anoka County, Minnesota, except that area located on the east side of Andrie Street. 4. That the Applicant is proposing to create a man-made lake south of 161st Avenue N.W. and west of Andrie Street N.W. The proposed lake will have a surface area of approximately 40 acres and an average depth of 25 feet. 5. That the subject property is located in the Planned Unit Development District and grading and excavating are not permitted uses in this district. 6. That the adjoining land to the northeast and west is residentially zoned and/or used. The property to the south is zoned for commercial dev el ofm~=_nt. 7. That there have been no other conditional use permits issued by the City for grading and excavating to create man-made lakes. 8. That the proposed excavation for the lake will increase traffic to and from the Northfork P.U.D. and adjoining County and State Aid roads, however, the increased traffic will be temporary in nature. 9. That L & G Rehbein, Inc. shall be required to utilize only State, County or Municipal State Aid roads for haul roads. 10 That the proposed lake will not be unduly dangerous or detrimental to persons residing or working in the vicinity of the planned unit development. 11. That the proposed lake wLll not substantially adversely impair the use, enjoyment or market value of any surrounding property. 12. That the proposed lake will be harmonious with, and in accordance with, the objectives of the City's Comprehensive Plan in that it will be preserving open space and encouraging additional wildlife habitat.