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FINDINGS OF FACT <br />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 Landfill is a Solid Waste Facility, as that term is defined in the <br />Elk River City Code of Ordinances. <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 Overlay District <br />and which has received a conditional use permit to operate; <br />(e) 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 />(f) 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 />