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RICKSON, <br />ELL, <br />ECKMAN & <br />UINN, P.A. <br />TO: <br />FROM <br />RE: <br />DATE: <br />--•, <br />Attachment A <br />1700 West Highway 36 <br />Suite 110 <br />Roseville, MN 55113 <br />(651) 223-4999 <br />(651) 223-4987 Fax <br />www.ebbqlaw.com <br />Mayor Klausing and Members of the City Council <br />City of Roseville <br />Charles R. Bartholdi & Caroline Bell Beckman <br />►��—r <br />City of Roseville re: Bituminous Roadways Application <br />Our File No: 1011-00196-1 <br />October 14, 2010 <br />]ames C. Erickson, Sr. <br />Caroline Bell Beckman <br />Charles R. Bartholdi <br />Kari L. Quinn <br />Mark F. Gaughan <br />James C. Erickson, ]r. <br />Robert C. Bell - of counsel <br />We were asked at the September 27`y' Council Meeting to provide you with a deternunation as to <br />whether an Asphalt Plant is a permitted use on the proposed Bituminous Roadway Site. <br />Since that meeting the City Council on October 11, 2010, pursuant to its current code revision <br />process, adopted an Ordinance amending Section 1007.015 regarding permitted uses in this I-2 <br />District. This ordinance amendment, upon publication, will in our opinion prohibit Bituminous <br />Roadways from building an Asphalt Plant since it has not obtained a vested right to use the Site <br />for an Asphalt Plant. The passage of the recent amendment to Section 1007.015 of the Zoning <br />Code makes the issue of whether an Asphalt Plant was a permitted use under the City Code prior <br />to the amendment moot. However, the following is a discussion of the merits of the <br />Bituminous Roadways application prior to the Zoning Code Amendment. <br />Section 1007.015 Uses <br />According to the information which has been submitted to the City by Bituminous Roadways, <br />the operation of the Asphalt Plant will include the production of asphalt, maintaining storage <br />piles of material, storage tanks, a laboratory and crushing operations. Section 1007.015 of the <br />Roseville City Code lists "Manufacturing and repair-heavy" as a permitted use in an I-2 District. <br />While the processing of asphalt by itself may be considered "manufacturing," the processing of <br />asphalt is only one of the components of the Asphalt Plant being proposed. Since not all of the <br />other components are permitted uses in an I-2 District, the Asphalt Plant as proposed is not a <br />permitted use. <br />