08-16-2010 CCM - Laserfiche WebLink

Home Browse Search

City Council Minutes August 16, 2010 Page 4 Mr. Heurig was agreeable to a continuance in order to look at alternative solutions but stated GRE was not prepared to move forward with the conditional use permit as they don't know • when they will need to use the parcel for storage purposes and had concerns about conditional use permit expirations. Attorney Beck stated the conditional use permit expiration could be addressed with a condition recognizing that this project is different. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE THIS ITEM TO SEPTEMBER 20, 2010. MOTION CARRIED 4-0. Councilmember Moon stated he would like portions of the TH 169 Geometric Pan as it relates to this item to be part of the staff report. 6.2. Ordinance Amendment by City of Elk River to Rezone Property from I-1 (Light Industrial) and I-2 (Medium Industrial) to I-3 ,General Industrial), Case No. ZC 10-07 -Public Hearin Mr. Barnhart presented the staff report. Mayor Klinzing opened the public hearing. Cullen McClowan, 16038 Jarvis Street -Stated he would like to see some uses allowed that aren't in the proposed zoning district. He questioned why signage would not be allowed for retail uses. He stated his property currently wouldn't meet the 10,000 sq. ft. requirement. He • questioned if the ordinance is legal where it states a conditional use permit will expire upon this zone change or when property ownership changes and referred to MN Statute 46.357 which discusses non-conforming protections. He stated Item #17 (referring to an earlier mailing he received about creating the I-3 District) allows for temporary structures in I-2 but questioned if it is allowed in the I-3 district. He expressed concern with government regulation going from 16 permitted uses to 27 conditional uses and he would like to see more permitted uses. He further expressed concerns with city fees and made comparisons to the City of Ramsey. Mayor Klinzing closed the public hearing. Mayor Klinzing stated there wasn't a reduction in the number of permitted uses allowed but that they were transferred from two zone districts to the new zoning district. Mr. Barnhart stated accessory retail sales (as a part of some uses) may be appropriate and that signage restrictions are intended to make sure the accessory retail use will not become a retail center. He stated there is a provision in the I-1 district that certain uses need a caretaker's residence so there is a square footage size requirement. He noted there are some non-conforming properties in the zoning district that are allowed to remain forever unless there is something that triggers a change. Mr. Barnhart stated temporary structures are allowed in the new I-3 district. Councilmember Moon questioned the statute regarding conditional use permits expiring when the property is abandoned or sold versus the city's six month lapse in using the permit. He questioned if it is in city ordinance that when property ownership is transferred the conditional use permit becomes invalid.