Agenda - Planning Commission - 04/06/2006

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Councilmember introduced the following resolution and moved for its adoption: RESOLUTION #06-04- A RESOLUTION APPROVING THE ISSUANCE OF AN INTERIM USE PERMIT TO MICHAEL AND NANCY BENZ, BASED ON FINDINGS OF FACT # , ),aND DECLARING TERMS OF PERMIT TO MAINTAIN TWO MAIN BUILDINGS AT 15410 HEMATITE STREET N.W. FOR A TEMORARY PERIOD OF TIME. WHEREAS, Michael and Nancy Benz have properly applied for an Interim Use Permit to maintain two dwellings, for an interim period of time, on the property generally known as 15410 Hematite Street N.W. and legally described as follows: The South one-half of Northwest Quarter of Southeast Quarter of Northwest Quarter of Section 22, Township 32, Range 25, Annka County, IV[N; subject to an easement for public road purposes over the east 33 feet thereof. ("Subject Property"). WHEREAS, the Planning Commission met on April 4, 2006, conducted the public heating and recommended City Council approve the request to maintain two dwellings for an interim period of time; and NOW THEREFORE, BE IT RESOLVED BY THIS CITY COUNCIL OF THE CITY OF RA2~SEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. Based on Findings of Fact # ., a Permit to maintain two dwellings on the Subject Property is hereby granted to Michael and Nancy Benz ("Permittees"). 2. The Permittees are herein permitted to occupy the existing homestead on the Subject Property during the construction of the new dwelling on the same property. 3. The Permittees herein agree to complete construction of the new dwelling on the Subject Property within six (6) months of the date of issuance of the building permit. The Permittees herein agree to completely vacate the existing homestead within thirty (30) days of the date of issuance of the certificate of occupancy for the new dwelling constructed on the Subject Property. Thereafter, the existing homestead shall remain vacant and is not permitted for any type of use until its demolition and removal. The Permittees herein agree that within sixty (60) days of the date of issuance of the certificate of occupancy for the new dwelling, the existing homestead and septic system shall be demolished, abandoned and/or removed from the Subject Property. The existing home and septic system must be demolished, removed, or abandoned in accordance with Minnesota Pollution Control Agency regulations. In the event the weather conditions are 23