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Planning Coinnussion Minutes Page 2 <br />April 13, 2010 <br />--------------------------- <br />Mr. Beck noted that he received a letter this afternoon, stating that Elk River Landfill had no <br />objection to the proposed zoning. <br />Jack Perry, 2200 IDS Center, Minneapolis, MN, representing Elk River Landfill - He stated <br />that Mr. Beck is correct; they have no object to the zone change. He stated that the recently <br />approved CUP and license have the same issue, since the legal descriptions are the same. He <br />stated it appears that somewhere along the line, someone from the city drew the property <br />line along the section line, rather than adjacent to the citytrail. He noted that this began <br />showing up in the maps in 2000. He stated that he objected to the reference in the staff <br />report that somehowthe error in the legal description was the Landfill's fault. Mr. Perry <br />suggested that the CUP and license that acre approved also need to reflect this new legal <br />description, along with parcel identification numbers. Mr. Beck stated that the legal <br />description will not include the parcel identification numbers in the recorded document. He <br />stated that it would be unlikelythe city would initiate an amendment to the Landfill's CUP <br />and license to change the legal description; that would be up to the Landfill. <br />Mr. Perry requested that the Planning Commission's recommendation be flexible to allow <br />for any correction in the legal description that their surveyor may find. <br />Mr. Beck stated that the legal description was not prepared by a surveyor, but was prepared <br />bythe cites engineering consultant. He stated the legal description is very straightforward <br />and covers all of the Landfill property. <br />Commissioner Lemke asked if a legal description is typically attached to an ordinance. Mr. <br />Beck stated yes. Commissioner Lemke asked if a legal description or a map takes <br />precedence. Mr. Beck stated that the ordinance takes precedence and legal description <br />attached to the ordinance that is adopted bythe City Council is what controls the zoning, <br />not the map. An error in a map does not change the zoning status. He stated that if the city <br />engineer was able to confirm that the legal description covers the landfill propertyto the <br />trail, there would not be an issue. <br />MOTION BY COMMISSIONER LEMKE AND SECONDED BY <br />COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE <br />ZONING OF THE ELK RIVER LANDFILL PROPERTY TO MINERAL <br />EXCAVATION (ME) OVERLAY AND SOLID WASTE FACILITY (SWF) <br />OVERLAY, CASE NO. ZC 10-05. MOTION CARRIED 7-0.. <br />Commissioner Bell asked if the Landfill's sort=eyor found an error in the legal description, <br />would they have to start over with the zone change. Mr. Beck stated that the <br />recommendation is for the legal description he has provided. He noted the legal description <br />will be provided to the Landfill, if they do not already have it. <br />5.2. <br />Mr. Leeseberg explained that the Planning Commission postponed action on this item until <br />further information could be obtained from the property owner. He noted that theyhave <br />spoken with the property owner and the current applicant is no longer interested in pursuing <br />the conditional use permit. Staff recommends denial of the request. <br />MOTION BY COMMISSIONER LEMKE AND SECONDED BY <br />COMMISSIONER ANDERSON TO RECOMMEND DENIAL OF THE <br />