Laserfiche WebLink
10. Section 30-654 of the Elk River City Code sets forth seven standards for the <br />• issuance of a Conditional Use Permit and rovides that a Conditional Use Permit can be ordered <br />p <br />only if the proposed use meets the seven standards. <br />11. The City Council finds that Tiller's proposal to remove the trees and mine the <br />200-foot buffer zone on the southern boundary of the Landfill does not meet the standards set <br />forth in § 30-654 of the City Code for the issuance of a conditional use permit, because: <br />A. Removal of the existing mature, native trees and mining of the Landfill's 200-foot <br />buffer zone would be inconsistent with and constitute a violation of the February 16, <br />2010 CUP for the Landfill, which requires that the preservation of trees within the <br />buffer zone shall be provided for during the construction, operation and end use of <br />the Landfill. <br />B. Mining the existing 200-foot buffer zone will detrimentally affect the use and <br />enjoyment of other property in the immediate vicinity, because existing topography <br />and vegetation in the buffer zone will be removed, making landfill operations visible <br />from 221St Avenue and surrounding properties to the south and west. <br />• C. Mining the existing 200-foot buffer zone will result in the destruction, loss or <br />damage of natural features which are of major importance because the existing <br />native, mature trees and natural topographic conditions which screen and buffer <br />landfill activities from 221St Avenue and surrounding residential areas to the south <br />and west will be removed. This existing screening is of major importance in that it <br />screens Landfill operations from surrounding properties and will screen the Landfill <br />permanently once operations cease. <br />D. Mining the existing buffer zone does not fully comply with the other requirements of <br />City Code because it would be inconsistent with and a violation of the requirements <br />of the existing February 16, 2010 CUP for the Landfill. <br />DECISION <br />THEREFORE, the City Council of the City of Elk River makes the following Decision <br />with respect to Tiller's Application to amend its 1996 CUP to allow the removal of trees and <br />mining within the existing 200-foot buffer zone along the southern boundary of the Landfill: <br />• <br />