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Agenda - Council - 02/26/1990
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Agenda - Council - 02/26/1990
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
02/26/1990
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MEMORANDUM <br /> <br />TO: <br />FROM: <br />RE: <br />DATE: <br /> <br />Ramsey Planning and Zoning Commission <br />William K. Goodrich, City Attorney <br />WMMI's Proposed Composting Facility in Site P Buffer Area <br />February 21, 1990 <br /> <br />At your February 6, 1990 meeting, you requested an opinion from me <br />on the issue of whether or not a composting facility is <br />"development" within the context of Minn. Stat. §473.806. <br /> <br />Minn. Stat. §473.833, entitled "Solid Waste Disposal Sites and <br />Buffer Areas" defines development right as the change in use of <br />land from its existing use to any other use. It is my under- <br />standing that the subject site is not presently being used as a <br />compost site. Therefore, it would appear to me to be a <br />"development" as defined by the aforementioned statute. In <br />addition, WMMI has applied for a Conditional Use Permit for the <br />composting facility. Minn. Stat. §462.3595 dealing with <br />Conditional Use Permits states that cities may by ordinance <br />designate certain types of developments and certain develoDment <br />activities as conditional uses. <br /> <br />Based on the above statutory review, it is my opinion that WMMI's <br />compost proposal should be deemed "development" when used in the <br />context of the Site P Buffer Zone. <br /> <br />Finally, attached is a letter dated February 12, 1990, from Anoka <br />County's Deputy County Administrator, which concurs with my above <br />stated opinion. <br /> <br />Please contact me if you require further information on this <br />subject. <br /> <br /> <br />
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