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Councilmember introduced the following resolution and moved for its adoption: <br />RESOLUTION #20-256 <br />RESOLUTION APPROVING/DENYING CONDITIONAL USE PERMIT FOR FILL IN A <br />FLOODPLAIN ASSOCIATED WITH A RETAINING WALL AT 7349 168TH CIR NW <br />RECITALS <br />1. John and JoDell Seaman, hereafter referred to as "Property Owners", properly applied for Conditional <br />Use PeHniit for fill in a floodplain on the following described property located in the City of Ramsey: <br />Lot 9, Block 2, Brookfield 8t'' Addition, Anoka County, Minnesota <br />(the `Subject Property); <br />2. That the Property Owners placed fill in the back yard of the Subject Property to create a flatter backyard <br />with a retaining wall. <br />3. That the Subject Property is partially in the DNR Floodplain, including where the fill was placed. <br />4. That the Subject Property is encumbered by a Conservation and Trail Easement that does not allow fill to <br />be placed. <br />5. That the City can process a Conditional Use Peiniit (CUP) for the fill associated with the retaining wall <br />if the fill is certified to create no rise, which is defined as less than 0.0 foot of rise and reviewed by the <br />DNR. <br />6. That if the fill is found to have created rise, defined as more than 0.0 feet of rise, then the City is unable <br />to process the Conditional Use Peiuiit. <br />FINDINGS OF FACT <br />1. That the fill will/will not be unduly dangerous or detrimental to persons residing or working in <br />the vicinity of the use, or to the public welfare. <br />2. That the fill will/will not substantially adversely impair the use, enjoyment or market value of <br />any of the surrounding properties. <br />3. That the fill will/will not be maintained so as to be harmonious and appropriate in appearance <br />with the existing or intended character of the general vicinity and will not change the essential <br />character of the area. <br />4. That the fill will/will not be hazardous to existing or future neighboring uses. <br />5. That the fill will/will not impact essential public facilities and services, such as highways, streets, <br />police and fire protection. <br />6. That the fill will/will not create excessive additional requirements at public cost for public <br />facilities and services and will/will not be detrimental to the economic welfare of the community. <br />