3.1. BASR 03-24-1998 - Laserfiche WebLink

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g`c c DOHERTY 351)10 Fifth Street'lowers 21110 Minnesota World Trade Center 1401 New ler!.;Venue,\At,. 2370 One Tabor Center 131)South Fifth Street all Cast S..nth Street Suit• 15)1! 121➢)Suventeenth Street RUMBLEMinneapolis,\I ne sot•; 55402-421; Saint ['dui,\linnesr,ta 55101-40`0 S.a•hingtun.D.C.21 o; U:river,Colorado 80202-3821 BUTLER Telephone bl_);;0;=i; Telephone 0,l 2i Telephone;1121 3'44-23:-4 ;10 i ).h'h0 l'AX(6122 340-3 384 FAX 01121_01`)313 FAX!=i12)14;-1131 1+)13)572-62i 1 ROPIISSIO\.AI.1ti"OU-ATIOA • Attorneys at Law Writer's direct dial nwnber: 340-5588 Reply to\tinnea polh.otfeo Beckp @drblaw.com December 3, 1997 Gregory A. Fontaine Dorsey& Whitney 220 South 6th Street Minneapolis, MN 55402-1498 Re: Cargill, Inc. Notice of Appeal Dear Mr. Fontaine: Steve Ach is out of town this week and has asked that I get back to you with regard to the Notice of Appeal you filed on November 26, 1997 on behalf of Cargill, Inc. As you know, I serve as City Attorney for the City of Elk River. The Notice of Appeal indicates that Cargill, Inc. is appealing an October 1, 1997, decision denying PP g a building permit for a proposed research facility north of 165t Street at Cargill's animal nutrition center. Mr. Ach's October 1, 1997 letter states that: • "Although the proposed use of the building as a research laboratory and office space is a permitted use in the I-1 zoning district,the City's zoning ordinance does not allow development within the urban service boundary until utilities are made available. Therefore,I cannot review the plans you have submitted nor can we issue a building permit for a building at this location." The issue before the Board of Adjustments will be whether a building permit can be issued in light of Section 900.20(16) of the Elk River Code of Ordinances. I am enclosing a copy of this section of the Zoning Ordinance for your information. Cargill's appeal will be processed pursuant to Section 900.40 of the City's Code of Ordinances. The appeal will be heard by the Board of Adjustments at its regular meeting on January 27, 1998. If the Board approves the appeal, that decision will be final unless an appeal is taken to the City Council. If the Board of Adjustments denies the appeal, that decision will automatically be reviewed by the City Council. In addition to the Notice of Appeal, it will be necessary for Cargill to submit the $150 application fee iand a list of the owners of each property situated wholly or partly within 350 feet of the property to