3.1. BASR 03-24-1998 - Laserfiche WebLink

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