Resolution - #97-01-012 - 01/14/1997

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Councilmember Zimmerman introduced the following resolution and moved for its adoption: RESOLUTION #97-01-012 A RESOLUTION ADOPTING FINDING OF FACT #0416 RELATING TO A REQUEST FROM ROBERT W. BERGLUND FOR A CONDITIONAL USE PERMIT FOR GRADING AND FILLING WHEREAS, the City of Ramsey received an application from Robert W. Berglund and Juniper Ridge Partnership for a conditional use permit for grading and filling that has occurred on the property legally described as follows: Lot 1, Block 5, Rum Acre Estates, Anoka County, Minnesota (the "Subject Property") NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA that the findings of fact relating to the request are determined to be as follows: That Section 9.11.18 (Grading, Mining and Filling Permits) of the Ramsey City Code states that a conditional use permit shall be required to grade individual lots by more than 3 feet in depth, fill individual lots by more than 2 feet at any point, and excavate more than 400 cubic yards of earth material. That without benefit of a conditional use permit, Robert Berglund and Juniper Ridge Partnership, hereinafter referred to as "Applicants", added fill to the Subject Property that exceeds the thresholds established in Section 9.11.18 of the Ramsey City Code. That on November 1, 1996, the Applicants applied for a conditional use permit for grading and importing soils to properly provide the City with the opportunity to review the filling operations that had occurred on the subject property and require any remedial action necessary. That the applicants appeared before the Ramsey Planning Commission for a public hearing pursuant to Section 9.03.04 of the City Code on December 3, 1996, and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as a part of these findings by reference. 0 That the Subject Property is zoned R-1 Urban Residential and is approximately .74 acres size. 4 That the Applicant has imported an undetermined amount of earth material onto the Subject Property for the purpose of creating a house pad. 7. That no additional fill materials are proposed to be imported to the site. o That the pre-existing drainage patterns were not substantially altered by the filling that occurred. That the filling of the Subject Property did not substantially adversely impair the use, enjoyment, or market value of any surrounding property. 10. That the filling that occurred is a substantial improvement to property.