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SAN L N <br /> Page 4 <br /> January 9, 2006 <br /> denial so there is a comprehensive list of reasons for the decision that can be incorporated into <br /> written findings supporting the decision. Likewise a decision to approve the application would <br /> necessarily require the same analysis in favor of the application. <br /> One item to consider in your decision is whether or not the scope of the application fits within <br /> the definition of an "extractive use." The definition of"extractive use" does not appear to be as <br /> broad in definition or scope as the requested conditional use permit application. The Conditional <br /> Use Permit Application identifies the following proposed uses: The applicant is proposing to use <br /> approximately 38.4 acres of the site for excavation and processing purposes. The proposed <br /> operation would include a wash plant, a crusher, an asphalt plant, and a concrete plant. <br /> In addition the City Council should give consideration as to whether the Conditional Use Permit <br /> Application is consistent with the City's Comprehensive Plan. For example does the <br /> Comprehensive Plan support clear cutting without restoration of the natural area. In addition the <br /> Comprehensive Plan states the following, in part, with respect to extractive uses: "the <br /> preservation of natural resources including forested areas should be preserved or at a minimum <br /> carefully developed so as to maintain the small town, north woods feel. " <br /> Further if increased traffic, noise, dust, and groundwater contamination are concerns then there <br /> should be some evidence presented supporting the reasons why those items would be considered <br /> as a basis to deny the Application. There are a number of reported court cases involving <br /> conditional use permit applications involving gravel pits. The common theme in those cases <br /> appears to be that if the City has identified a gravel pit or extractive use as a conditional use in its <br /> ordinance, and the City has determined to deny the application, that the City will need something <br /> more than neighborhood opposition, opinions or speculative reasons to support a denial of the <br /> application. If you have any questions let me know. Thank you. <br /> Very truly yours, <br /> Paul J. Sandelin <br /> psandelin a lakesarealaw com <br /> PJS: dmf <br /> Enclosures: as noted <br /> cc: Sandy Peine <br /> Community Growth <br /> SALAW\TEXT\25000.037\City Council.kndoc <br />