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DECISION ~N CaNDITICNAL USE PERMIT <br />THEREFORE, the City Council of the City of Ells River males 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 />09p51 and this Resolution, a~•e 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 tlae 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 tlae above, and in particular on the fact that the SDA is not within <br />the City's Solid 'haste Facilities overlay Zoning District, which is required for <br />the approval of a CUP for a Solid haste Facility, the request of ERL for a <br />Conditional Use Permit to expand the Landfill into the 1 o9~acre Southern <br />Development Area is hereby denied, <br />DECISION DN 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 haste Facility in the 1 o9~acre <br />Southern Development Area; <br />5 <br />