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EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota, was held on the 13`x' day of August, 2007, at 6:00 p.m. The following members were present: Ihlan, Pust, Kough, Roe, and Mayor Klausing and the following were absent: None Cotmcil Member Roe introduced the following resolution and moved its adoption: RESOLUTION NO. 10538 A RESOLUTION APPROVING AN INTERIM USE PERMIT IN ACCORDANCE WITH §1012.09 OF THE ROSEVILLE CITY CODE FOR MARK THEOBALD AND ERP MINNESOTA PORTFOLIO, LLC, 2581 FAIRVIEW AVENUE (PF07-042) WHEREAS, Mark Theobald in cooperation with ERP Minnesota Portfolio, LLC has requested an INTERIM USE PERMIT in accordance with § 1012.09 of the Roseville City Code on property addressed at 2581 Fairview Avenue; and WHEREAS, the subject property is legally described as: The South 200 feet of the North 700 feet of the East 686.4 feet of the Northeast Quarter of the Northwest Quarter (subject to roadway and easements) in Section 9, Township 29, Range 23. PIN #0929-23-21-0008 WHEREAS, the applicant in cooperation with the property owner seeks to establish a temporary training and instructional facility; and WHEREAS, Mark Theobald seeks the requested INTERIM USE PERMIT to utilize a tenant space within the structure at 2579 - 2605 Fairview Avenue for the purpose of baseball and softball training and instruction. The interior would be improved to include artificial turf and moveable nets to support up to three batting cages. Most of the training and instruction would occur during the off-peak business hours or from 4 to 10 pm; and WHEREAS, The Roseville Planning Commission held a public hearing regarding the requested INTERIM USE PERMIT, voting 5-0 to recommend approval of the request based on the comments and findings of the staff report dated August 1, 2007; NOW THEREFORE BE IT RESOLVED, by the Roseville City Council, to APPROVE the request by Mark Theobald and ERP Minnesota Portfolio, LLC, for an INTERIM USE PERMIT in accordance with Section § 1012.09 of the Roseville City Code, subject to the following conditions;