Resolution - #85-141 - 08/13/1985

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Councilm~mber Reimann introduced the following resolution and moved for its adoption: RESOLUTION #85-141 WHEREAS, Mr. Norman Holm, hereinafter referred to as "Applicant", has applied to the City for a temporary conditional use permit to excavate sand and gravel on the following described property in the City of Ramsey, Anoka County, State of Minnesota, legally described as: The North one-half (N 1/2) of Section 27, Township 32, Range 25, Anoka County, Minnesota. AND WHEREAS, the Applicant takes the position that he has had a pre-existing use of the subject property dating back prior to the City and Township of Ramsey's Zoning Ordinance thereby classifying his present use of the property as a legal non-conforming use; and WHEREAS, the City has certain information, although not conclusive information as of this date, to the effect that the Applicant's use of the subject property does not pre-date the City's and Township's Zoning Ordinance thereby classifying the present sand and gravel excavation use as an illegal non-conforming use; and WHEREAS, there is no question that the subject property was used as a gravel mine prior to March, 1973; and WHEREAS, the Township of Ramsey's most comprehensive Zoning Ordinance became effective May 25, 1973, which Ordinance is similar to the City of Ramsey's current zoning regulations; and WHEREAS, the City has the obligation to enforce its zoning laws and regulations fairly as to all residents and landowners; and WHEREAS, the Applicant has applied for this conditional use permit even though he believes he has a legal non-conforming use. NG~ ~/~EREFOREt BE IT RESOLVED BY THE CITY OOUNCIL OF THE CITY OF RAMSEY, ANOKA GOUNTY, STATE OF MINNESOTA, as follows: 1) That the City shall issue a conditional use permit to Mr. Norman Holm for sand and gravel excavation on the following described subject property: The North one-half (N 1/2) of Section 27, Township 32, Range 25, Anoka County, Minnesota. 2) That the issuance of the conditional use permit is contingent upon the Applicant entering into a development agreement with the City, which development agreement shall provide for the following: a) Hours of operation; b) Grading and restoration plan; c) No excavation, mining or grading shall take place within 200 feet of the North boundary line of the subject property; d) Dust control;