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RESOLUTION 13-08 • A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION APPROVING CONDITIONAL USE PERMIT REQUEST CU 13-01 AND ESTABLISHING FINDINGS OF FACT THEREOF WHEREAS, Application was made on November 26,2012,by Cornerstone Auto for a Conditional Use Permit to convert a detail shop to an oil change facility for the property legally described as that part of the Northwest Quarter of the Northwest Quarter of Section 11,Township 32,Range 26, Sherburne County,Minnesota;and WHEREAS, The application for approval (the Application)was referred to the City Council;and WHEREAS, The City Council conducted a public hearing on the Application, after proper publication and due notice thereof as required by ordinance and statute, on January 22,2013;and WHEREAS, Following completion of the public hearing, the City Council made the following findings of fact with respect to the application: • 1. The conversion will not negatively affect the use and enjoyment of other property in the immediate vicinity. 2. The conversion is consistent with the Comprehensive Plan. 3. The conversion will not impede the normal and orderly development and improvement of surrounding vacant property. 4. The conversion is served adequately by and will not adversely affect essential public facilities and services including streets,police and fire protection, drainage,refuse disposal,water and sewer systems,parks and schools;and will not,in particular,create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. 5. The conversion will not involve uses, activities,processes,materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic,noise, smoke, fumes, glare, odors, dust or vibrations. 6. The conversion will not result in the destruction,loss or damage of a natural, scenic or historic feature of major importance. 7. The conversion will fully comply with all other requirements of this Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk River,based on the findings of fact set forth above, hereby approves the Application for a Conditional Use Permit to convert the detail shop to an oil change facility (Motor Vehicle Specialty shop), on condition that: • N:\Public Bodies\City Council\Council RCA\Agenda Packet\02-042013\8.2.resolution comerstone.docx