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To: Planning Commission Dwight and Jane Kirkeide 11230 173rd Ave. NW Elk River, MN 55330 441-3350 Date: February 27; 2001 Subject: Case No' s ZC 001-4, LU 01-03, P 01-06 and CU 01-09 Requests by Scott Powell for Mississippi Ridge Plat Dear Commissioners, We own the NE 1/4 of the NE 1/4 of section 10, township 32N, range 26W, which is 13 acres between this proposed development and the Mississippi River. It is even with 173rd Ave. on the north and 171st Ave. on the south. Our property is completely w/thin the Wild & Scenic District and will remain so. We intend to remain a Single family-Agricultural use homestead. It is our general belief that people should be allowed to use their property as they wish if their use does not harm others. Because the City has failed to provide us with the same protections that others in the city have received and has failed to enforce the additional protections provided to landowners within the Wild & Scenic District, we are forced to object to aspects of this proposed development that are unlawful and will cause us further harm, to wit: 1. City of Elk River ordinances, comprehensive plan and official zoning map do not comply with the law. "All state, local, and special governmental units, councils, commissions, boards, districts, agencies, departments, and other authorities shall exercise their powers so as to further the purpose of the Minnesota Wild and Scenic Rivers Act and management plans adopted thereunder." ' "In case of conflict between a provision of the Minnesota Wild and Scenic Rivers Act of these parts and some othe~ law of this state or provisions of existing local ordinances, the more protective provisio,J shall apply." This means that each of you as individuals are required by law to read and enforce the actual Minnesota Wild and Scenic Rivers Act instead of Elk River ordinances or official zoning district maps which do not comply. (see Wild, Scenic and Recreational Rivers: Minnesota Rules 6105.0030 also see Minnesota Rules Chapter 6120.2800, Subpart 1., Shoreland and Floodplain Management). Furthermore consider the folloWing: 6105.0230 Reviews and Certification of Local Land Use Decisions., Subpart 1. Procedure established. "In order to ensure that the standards herein are not nullified by unjustified exemptions in particular cases, and to promote uniformity in the treatment of applications for such exceptions, a review and certification procedure is hereby established for certain local land use decisions. These certain decisions consist of any decisions which directly affect the use of land within a wild, scenic, recreational river land use district, and are one of the following types of action: A. Adopting or amending an ordinance regulating the use of land, including rezoning of particular tracts of land.