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BRIGGS <br />~.~ <br />April 13, 2010 <br />VIA EMAIL <br />City of Elk River Planning Commission <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />ATTN: Dana Anderson (dra55330@yahoo.com) <br />Paul Bell (Paul_Bell@prodigy.net} <br />Troy Ives (tpives@charter.net) <br />Eric Johnson {ericj 13@charter.net) <br />Pete Lemke <br />Kevin Scott {kevin scoff@charter.net) <br />Chad Westberg (crw4383@hotmail.com) <br />Jack Y. Perry <br />(612)977-8497 <br />jperry@briggs.com <br />Re: City's proposed expansion of SWF overlay district to comport with CUP <br />Dear Commission Members: <br />ERL does not object to City Staffs "recommendjed] zoning [ofj the property as <br />presented." As City Staff concedes, "Staff has reviewed the legal descriptions provided [by <br />ERL] at the time of the [January 16, 1996] zoning to the SWF Overlay District and determined <br />that most, if not all, of the area in question does fall within the legal descriptions and is within <br />the SWF Overlay District -- notwithstanding the location of the zoning district line on some <br />versions of the City's zoning maps over the years." Staff Report at 1. Indeed ERL's surveyor <br />confirmed the same. Ex. 167; compare Ex. 45, Tab C (Ex. A to 1/16/96 City of Elk River <br />Agreement for Issuance of Amended Conditional Use Permit). ERL is, nevertheless, compelled <br />to clarify a few adverse suggestions in City Staff s report. <br />First, City Staff erroneously suggests at page 1 of its report that "the location of the [SWF <br />overlay] zoning district line on some versions of the City's zoning maps over the years" was <br />different on those maps which were previously submitted to City Council - i.e., {1} 2000 <br />Vicinity Map (Ex. 162); (2) 2002 Location (Ex. 163); (3) 2003 Zoning Map {Ex. 45, Tab 2); <br />(4) 2006 Zoning Map (Ex. 165}; (5) 2007 Zoning Map (Ex. 45, Tab 3); {6) 2009 Zoning Map <br />(Ex. 45, Tab 4}; and {7) 2010 Zoning Map (Ex. 166). Despite ERL's earlier Data Practices Act <br />requests to City and City's briefs to the Court on this issue, there are no "versions of the City's <br />zoning maps" which show "the location of the [SWF overlay] zoning district line" different than <br />represented by ERL on these maps. <br />22001DS Center <br />80 South 8th Street <br />Minneapolis MN 55402-2157 <br />rel 612.977.8400 <br />fax 612.977.8650 <br />Briggs and Morgan, Professional Assodation <br />Minneapolis I St. Paul I www.briggs.cam <br />Member - Lex Mundi, a Global Association of Independent Law Frms <br />