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FINDINGS OF FACT <br />1. The City Council adopts by reference each and every one of the Findings of Fact <br />numbered 1 through 34, set forth in City Council Resolution No. 09-51, <br />2, In addition, the City Council finds: <br />~a} That the Land:~ll is a Solid Waste Facility, as that term is defined in the <br />Elk River City Code of Qrdinances. <br />(b} That Solid Waste Facilities are only allowed, as a conditional use, within <br />the City's Solid Waste Facilities Overlay Zoning District. <br />~c} That the SDA is not within the City's Solid Waste Facilities overlay <br />Zoning District; <br />~d} That a license to operate a Solid Waste Facility can only be issued to a <br />facility which is located within the Solid Waste Facility Gverlay District <br />and which has received a conditional use permit to operate; <br />fie} That the Landfill has a valid, existing conditional use permit and license to <br />operate a Solid waste Facility on the existing Landfill property. <br />~~ That denial of a CUP and License to expand the Landfill onto the SDA <br />does not affect the existing conditional use permit and license for the <br />Landfill, which remain in force and effect and which cannot be and are not <br />amended in any way or manner by these proceedings regarding the <br />Application to expand into the SDA, <br />4 <br />