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City Council Minutes <br />August 16, 2010 <br />Page 5 <br />Attorney Beck stated city ordinance is specific to the caretaker's residence and means a <br />• conditional use permit to allow a dwelling for a particular business that needs a caretaker is <br />unique to that business and doesn't establish a right to a residence if the business type <br />changed. He noted state law would pre-empt city ordinance if they are inconsistent. <br />Mayor Klinzing suggested Mr. McClowan discuss with staff his issue regarding residenry. <br />Attorney Beck stated rezoning to I-3 tonight would not change Mr. McClowan's issue. <br />MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY <br />COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 10-14 AMENDING <br />THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN <br />PROPERTIES FROM I-1 (LIGHT INDUSTRIAL) AND I-2 (MEDIUM <br />INDUSTRIAL) TO I-3 (GENERAL INDUSTRIAL), CASE NO. ZC 10-07. <br />MOTION CARRIED 4-0. <br />6.3. Ordinance Amendment by City of Elk River Relating to Definitions for Signs, Case No. OA <br />10-08, Public Hearin <br />Mr. Leeseberg presented the staff report. <br />Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor <br />Klinzing closed the public hearing. <br />MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY <br />• COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 10-15 <br />AMENDING SECTION 30-1 OF THE CITY CODE OF ORDINANCES <br />RELATING TO SIGNAGE DEFINITIONS. MOTION CARRIED 4-0. <br />6.4. Update on State Supreme Court Decision Regarding Variance Interpretations <br />Attorney Beck provided an update of a recent Supreme Court decision regarding variances. <br />He stated there is a strict test for the reasonable use factor that limits variance opportunities. <br />He noted there are two different standards in state law for cities and counties and that the <br />League of Minnesota Cities is working with realtors and developers to propose the county <br />standard be adopted by the legislature because it is not as restrictive. <br />7.1. Modification to Main Street an Old Northbound Liquor Store Site <br />Mr. Femrite presented the staff report. <br />MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY <br />COUNCILMEMBER ZERWAS TO AUTHORIZE CLOSURE OF THE ACCESS <br />AT 50 MAIN STREET AND FOR STAFF TO OBTAIN QUOTES FOR <br />EXTENDING THE RIGHT HAND TURN LANE AT THE NORTHEAST <br />CORNER OF MAIN STREET AND HIGHWAY 169. MOTION CARRIED 4-0. <br />8.1. Street and Equipment Services Divisions Compensatory Time Payout Date Change <br />Ms. Wipper presented her staff report. <br />• MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY <br />COUNCILMEMBER MOTIN TO CHANGE THE DATE FOR THE <br />