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Memo to Board of Adjustments/GP 98-1 <br />March 24, 1998 <br />Page 2 <br /> <br />In a letter to Rita Schmahl at Cargill dated October 1, 1997, I informed Ms. <br />Schmahl that the City could not issue a building permit for their proposed <br />research facility at the subject site because the city ordinance prohibited <br />development within the urban service district prior to the availability of city <br />sewer and water. Ms. Schmahl was informed that if this same building was <br />proposed south of 165th contiguous to their existing facility, the building <br />could be constructed pursuant to the issuance of a conditional use permit. <br /> <br />Since that October 1st letter, there has been a series of correspondence <br />between myself, the City Attorney and Mr. Greg Fontaine at Dorsey <br />Whitney, who is representing Cargill in this matter. I have also attached the <br />excerpt from the zoning ordinance pertaining to development within the <br />urban service prior to the availability of city water and sewer. It is staffs <br />opinion the ordinance reads clearly and Cargill's request to construct a new <br />facility within the urban service area prior to the availabihty of sewer and <br />water is not permitted. As I pointed out in my letter dated November 17, <br />1997, to Greg Fontaine, in order to construct the research facility in the <br />proposed location, another option would be to request an ordinance <br />amendment modifying the section of the ordinance regarding development <br />prior to city water and sewer. <br /> <br />Recommendation <br /> <br />It is recommended the Board of Adjustments deny the request by Cargill, Inc. <br />appealing a zoning decision to deny a building permit for construction of a <br />new facility within the urban service district prior to the availability of city <br />sewer and water as set forth in Section 900.20(16) of the Elk River Code of <br />Ordinances. <br /> <br />\\elkriver\sys\shrdoc\planningXpc\gp98-1.doc <br /> <br /> <br />