Item 5.1 - Laserfiche WebLink

Home Browse Search

• • A written explanation of their request provided by the Elk River Landfill, dated October 16, 2001. • Final Cover Grades and surface Water Management, dated January, 2000, which shows the currently approved contours. • Final Cover Grades,dated June 2001,which shows the proposed contours. • An aerial photo showing Final Cover Grades, dated October 2001. • A colored version of Final Cover Grades, dated October, 2001. • A Cross Section showing the proposed grade changes,dated October,2001. Review of Issues Specific to the Request > Shoreland District- For over a year,the Elk River Landfill has struggled to gain approval of an expansionqo their demolition debris disposal area in Livonia Township,which still has not been approved. One of the issues that surfaced with this request is that Sherburne County zoning requires landfill's to be located in industrial zones. Apparently,industrial uses are not allowed within the Shoreland District of a Natural Environment Lake under Minnesota Rule 6120.3200. Rice Lake, adjacent to the west of the Landfill, is a Natural Environment Lake. The Shoreland District for a Natural Environment Lake is 1,000 feet from the ordinary high water mark,therefore,industrial uses are not allowed within 1,000 feet of Rice Lake. The property included in the Landfill's request in front of the City of Elk River also falls within the Shoreland District for Rice Lake. III As defined by the city's Shoreland Management Ordinance (adopted from the state's Model Shoreland Ordinance) an industrial use is: "The use of land or building for the production,manufacture,warehousing,storage,ortransferofgoods,products,commodities,or other wholesale items."Landfilling does not necessarily fit this definition. Unlike Sherburne County,the City of Elk River does not require that landfills be located in industrial zones. The Legislature of Minnesota has delegated responsibility to the local governments of the state to regulate the subdivision, use and development of the shoreland of public waters(M.S.462). The city previously zoned the Landfill's property to Solid Waste Facility Overlay Zoning District, in which landfills are a condition use. Section 904.06 (2) (B) of the city's Shoreland Management Ordinance states: "All Permitted,Conditional and Prohibited Uses as specified by the applicable underlying Zoning District shall apply". The Shoreland Management Ordinance does not so much dictate what land uses go where, but rather how land uses affect the public water. The publication A Technical Report on Managing Nonconformities in the Shoreland Management District states: "Zoning controls regulate the location of underlying land uses. The shoreland standards focus primarily on the manner of use(i.e.dimensional standards)to reduce the potentially harmful effects on the public water of overcrowding and poorly planned development of shorelancl areas,to maintain property values,and to preserve the natural characteristics of theshoreland and adjacent water areas". 0