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DECISION DN CaNDITIDNAL USE PERMIT <br />THEREFaRE, the City Council of the City of Elk River makes the following Decision <br />with respect to the request for a Conditional Use Permit to expand the Landfill into the SDA: <br />A. All of the reports and materials prepared by City Staff and City Consultants, as <br />well as the Findings of Fact and Recitals set forth in City Council Resolution No. <br />09-51 and this Resolution, are hereby adopted and incorporated within the City <br />Council's Decision on this matter. <br />B. The record in this matter shall include all materials submitted to the City and <br />presented to the Planning Commission and City Council, including those <br />materials presented in the staff reports, by the City staff and by the City's <br />consultants, and all materials and testimony submitted by or on behalf of ERL, <br />wMI, Tiller and their consultants, and all testimony received from the public, as <br />of the date of this Resolution. <br />C. Based on all of the above, and in particular on the fact that the SDA is not within <br />the City's Solid waste Facilities Overlay Zoning District, which is required for <br />the approval of a CUP for a Solid waste Facility, the request of ERL far a <br />Conditional Use Permit to expand the Landfill into the 1 a9^acre Southern <br />Development Area is hereby denied, <br />DECISION CN LICENSE <br />The City Council of the City of Elk River further makes the following Decision with <br />respect to the request of ERL for License to operate a Solid waste Facility in the 109~acre <br />Southern Development Area: <br />5 <br />