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<br />. <br /> <br /> <br />I <br /> <br />" <br /> <br />RESOLUTION NO. 91- 057 <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT APPROVING AN APPLICATION FOR <br />EXTENDING SP-135. <br /> <br /> <br />WHEREAS, an application for an extension of a special use permit has been made <br />by Bell Lumber and Pole Company to permit the continued use of a thermal processor on- <br />site and the use of a metal structure to accommodate the on-site incinerator on a <br />temporary basis; and <br /> <br />WHEREAS, the procedural history of the application is as follows: <br /> <br />1 . An application for extending SP-135 was filed with the City of New Brighton <br />on May 3. 1991. <br />2. The Planning Commission, pursuant to published and mailed notices, held a <br />public hearing on May 21, 1991, and all persons present at the hearing were <br />given an opportunity to be heard. <br />3. The City Council considered an application for SP-135 on May 28, 1991. <br /> <br />NOW THEREFORE BE IT RESOLVED, the City Council makes the following <br />Findings of Fact in respect to SP-135: <br /> <br /> <br />1 . The proposed rotary kiln thermal processor would be used to incinerate <br />contaminated soils on the subject site on a temporary basis. <br />2. All contaminated soils to be incinerated by the thermal processor would be <br />generated from the subject site. <br />3. The subject site is zoned 1-2. Heavy Industrial. <br />4. A rotary kiln thermal processor is not a permitted use in the 1-2 district, <br />according to Section 6-030 of the New Brighton Zoning Code. <br />5. The City of New Brighton (the City) may grant a special use permit for such <br />a use within the 1-2 district only if the use meets the standards specified in <br />Section 8-130 of the New Brighton Zoning Code, which standards follows: <br />a. That the establishment. maintenance or operations of the special use will <br />not be detrimental to or endanger the public health, safety, morals, <br />comfort of general welfare: <br />b. That the special use will not be injurious to the use and enjoyment of <br />other property in the immediate vicinity for the purposes already <br />permitted, nor substantially diminish and impair property values within <br />the neighborhood; <br />c. That the establishment of the special use will not impede the normal and <br />orderly development and improvement of the surrounding property for <br />uses permitted in the district; <br />d. That adequate utilities, access roads, drainage and/or necessary facilities <br />have been or are being provided; <br />e. That the special use shall. in all other respects, conform to the applicable <br />regulations of the district in which it is located. <br /> <br />Page 1 of 2 <br /> <br />l <br />