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U <br />`W=�City of Elk River <br />ver City Council <br />Resolution 24-38 <br />A Resolution of the City Council of the City of Elk River Denying the Interim <br />Use Permit Request for a Residential Occupation at 10208 209th Ave NW <br />WHEREAS, Jason Bye, ("Applicant"), has applied ("Application") for an Interim Use <br />Permit (IUP) (Case No. IU 24-01) to allow for outdoor storage and accessory structure use <br />for a residential occupation at his residence, 10208 209th Ave NW, Elk River, MN <br />("Property"); and <br />WHEREAS, the record in this matter shall include all of the materials submitted to the <br />Planning Commission and City Council in connection with the IUP Application; including <br />the staff reports and all attachments thereto, all other written materials submitted to the <br />Planning Commission and City Council, and all staff presentations and other testimony <br />taken at the public meetings considering the Application for the IUP, all of which is <br />incorporated in and made a part of the findings of fact and this resolution; and <br />WHEREAS, the Planning Commission held a public hearing on May 28, 2024, to receive <br />testimony and evidence from city staff, the Applicant and any other persons regarding the <br />Application; and <br />WHEREAS, the Planning Commission recommended approval of the Application with <br />the inclusion of eighteen (18) proposed conditions to ensure compliance with the necessary <br />standards; and <br />WHEREAS, the City Council held a public hearing on June 17, 2024, to receive testimony <br />and evidence from city staff, the Applicant and any other persons regarding whether the <br />Application should be approved; and <br />WHEREAS, the Applicant and all others wishing to speak were given the opportunity to <br />present testimony to the Planning Commission and City Council; and <br />WHEREAS, the City Council, at the conclusion of its June 17, 2024, public hearing on the <br />Applicant's Application, directed staff to prepare a resolution making findings of fact <br />denying the Application as the request does not satisfy standards three, eight, and nine <br />required for issuance of an IUP. <br />NOW, THEREFORE, the City Council of the City of Elk River makes the following: <br />PO118kI 81 <br />NATURE <br />