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RESOLUTION NO. 12-35 • A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DENYING AN APPLICATION FOR A CONDITIONAL USE PERMIT TO AMEND THE ELK PARK CENTER PLANNED UNIT DEVELOPMENT TO ALLOW PAWN SHOPS AS A CONDITIONAL USE WHEREAS, Ryan Brown of Twin Cities Pawn (The Applicant) has applied (The Application) for a conditional use permit to amend the Elk Park Center Planned Unit Development (The PUD) to allow pawn shops as a conditional use; and WHEREAS, the Elk River Planning Commission held a public hearing on the Application for a conditional use permit on June 12,2012, at which time the Applicant was provided as much time as it desired to present the Application and all information and data they desired in support of the Application;and WHEREAS, the Planning Commission took testimony from all members of the public who desired to speak at the June 12, 2012,public hearing;and adopted a motion recommending to the Elk River City Council that the Application be approved, subject to the conditions recommended by City staff as set forth in the staff report;and WHEREAS, the Elk River City Council, on June 18,2012, held a public hearing on the . Application at which time the Applicant and all members of the public desiring to speak were provided the opportunity to do so;and WHEREAS, following the June 18,2012 public hearing the City Council discussed the merits of the Application, took into consideration the Planning Commission's recommendations and took action to continue consideration of the Application to its regular scheduled meeting of July 16,2012, and directed City staff to prepare a draft resolution for denial of the Application;and WHEREAS, the Elk River City Council, on July 16, 2012, took additional testimony and further considered the Application and the draft resolution of denial prepared by staff;and WHEREAS, after all parties desiring to present testimony and offer evidence for and against the application had had the opportunity to do so, the Elk River City Council closed the public hearing on the Application, continued its discussion of the application,and reached the decision incorporated in this resolution. NOW, THEREFORE BE IT RESOLVED, the City Council for the City of Elk River makes the following findings of fact and decision with respect to the Applicant's request for a conditional use permit to amend the Elk Park Center Planned Unit Development to allow pawn shops as a conditional use. FINDINGS OF FACT • The City Council makes the following findings of fact with respect to the Application: -1-