5.3. SR 06-21-2010 - Laserfiche WebLink

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Gale File: CU 10-09 Tiller CUP Page 6 Ciryof E1kRiver current CUP application. Tiller cannot rely on the natural expansion doctrine to argue that it has a vested right to expand on land that it does not own. Recommendation Staff and the Planning Commission recommend to City Council that Tiller's application to amend its existing 1996 CUP to allow removal of trees and mining within the 200 foot buffer area along the southern boundary of the Landfill be denied, for the following reasons: 1. Removal of the existing mature, native trees and mining of the Landfill's 200 foot buffer zone would be inconsistent with and constitute a violation of the February 16, 2010 CUP for the Landfill, which requires that the preservation of trees within the buffer zone shall be provided for during the construction, operation and end use of the Landfill. 2. Mining the existing 200 foot buffer zone will detrimentally affect the use and enjoyment of other property in the immediate vicinity, because existing topography and vegetation in the buffer zone will be removed, making landfill operations visible from 221St Avenue and surrounding properties to the south and west. 3. Mining the existing 200 foot buffer zone will result in the destruction, loss or damage of natural features which are of major importance because the existing native, mature trees and natural topographic conditions which screen and buffer landfill activities from 221ST Avenue and surrounding residential areas to the south and west will be removed. This existing screening is of major importance in that it screens landfill operations from surrounding properties and will screen the Landfill permanently once operations cease. 4. Mining the existing buffer zone does not fully comply with the other requirements of City Code because it would be inconsistent with and a violation of the requirements of the existing CLIP for the Landfill. Attached for the City Council's consideration is a resolution of denial which incorporates these findings. Attachments • Buffer Exhibit • Tiller Corporation application and narrative • The existing 1996 Tiller CUP • Staff report, excluding attachments, dated June 8, 2010 to the Planning Commission, CU 10-09 • Staff report, excluding attachments, dated May 11, 2010 to the Planning Commission, CU 10-08 • Staff report, excluding attachments, dated May 17, 2010 to the City Council for CU 10-08 • City Council Resolution No. 10-18 • Letter dated May 6, 2010 from Matt Ledvina, City's Environmental Consultant • Letter dated June 11, 2010 from Jack Perry, Briggs & Morgan Attorney • Letter, excluding attachments, dated June 16, 2010 from Jack Perry, Briggs & Morgan Attorney N:\Departments\Comm„niryDevelopment\Planning\Case Files\CCTP\CU 10-09 Tiller Corp\Staff report to CGCU 10-09.doc