Resolution - #20-256 - 11/24/2020

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Councilmember Menth introduced the following resolution and moved for its adoption: RESOLUTION #20-256 RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR FILL IN A FLOODPLAIN TH ASSOCIATED WITH A RETAINING WALL AT 7349 168 CIR NW RECITALS 1.John and JoDell Seaman, hereafter referred to as “Property Owners”, properly applied for Conditional Use Permit for fill in a floodplain on the following described property located in the City of Ramsey: th Lot 9, Block 2, Brookfield 8 Addition, Anoka County, Minnesota (the ‘Subject Property’); 2.That the Property Owners placed fill in the back yard of the Subject Property to create a flatter backyard with a retaining wall. 3.That the Subject Property is partially in the DNR Floodplain, including where the fill was placed. 4.That the Subject Property is encumbered by a Conservation and Trail Easement that does not allow fill to be placed. 5.That the City can process a Conditional Use Permit (CUP) for the fill associated with the retaining wall if the fill is certified to create no rise, which is defined as less than 0.0 foot of rise and reviewed by the DNR. 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 to process the Conditional Use Permit. FINDINGS OF FACT fill will not 1.That the be unduly dangerous or detrimental to persons residing or working in the vicinity of the use, or to the public welfare. fill will not 2.That the substantially adversely impair the use, enjoyment or market value of any of the surrounding properties. fill will 3.That the be maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area. fill will not 4.That the be hazardous to existing or future neighboring uses.