5.1. PCSR 06-08-2010 - Laserfiche WebLink

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Case Fik: CU 10-08 Page 7 ERL CUP City of Elk River If denial of such a pernut should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-b54. B. City Code Definitions and Standards for Solid Waste Facilities Definition of Solid Waste Facility (Sections 30-1 and 58-91 of the Elk River City Code)(first sentence onl~: Solid Waste Facility means all property, real or personal, including negative and positive easements, water and air rights, all storm water management facilities, and all buffer areas or buffer zones, which are or maybe required, needed or useful for the processing or disposal of waste and for which processing or disposal of waste a license is required under the provisions of this Code. Provisions of the City Solid Waste Facilities Ordinance: Section 30-1834 (e) (3) Solid Waste Facilities restricted to SWF -Solid Waste Facilities OverlayDistrict. No Solid Waste Facility, including any portion of a Solid Waste Facility, any easements, water or air rights, all storm water management facilities and buffer areas or buffer zones required, needed or useful for the establishment and/or operation of the Solid Waste Facility, with the exception of facilities necessaryfor monitoring the offsite impacts of the facility on ground and surface water, shall be located or operated in the City except in those areas of the City located within the SWF -Solid Waste Facilities Overlay Zoning District. Section 58-100 (b) (b) Location of Solid Waste Facilities. No Solid Waste Facility, including anyportion of a Solid Waste Facility, any easements, water or air rights, all storm water management facilities and all buffer areas or buffer zones required, needed or useful for the establishment and/or operation of the Solid Waste Facility, with the exception of facilities necessaryfor monitoring the offsite impacts of the facility on ground and surface water, shall be located or operated in the City except in those areas of the City located within the SWF -Solid Waste Facilities Overlay Zoning District. • Section 58-171 (8) (8) 200 feet from the nearest properrywhich is not located within ME SWF -Solid Waste Facilities Overlay Zoning District. C. State Regulations (Minn. Rules, Part 7035.2815, Subp. 5(CI (G) Anynew fill area at a land disposal facility must be located at least 200 feet from the nearest property line, unless otherwise approved bythe commissioner based on existing filling procedures, existing site structures, the facility design, compliance boundaries, and existing land restrictions. Z:\CommunityDevelopmerx\P]anning Main\Case Files\CUP\CU 1408 Waste Managemern\Staff report to OGCU 10-08 - peterdoc