08-18-1997 CC MIN - Laserfiche WebLink

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Elk River City Council Meeting August 18, 1997 Page 8 CONTINUE TO SUSTAIN PROPERTY DAMAGE AND RISK INJURY FORM GOLF BALLS. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS IN THE SAME AREA. EVEN THOUGH THERE ARE OTHER PROPERTIES IN THE AREA WHICH ARE SUBJECT TO GOLF BALLS LANDING IN THEIR YARD, IT IS THE FREQUENCY AT WHICH IT HAPPENS TO THE APPLICANT'S PROPERTY THAT IS NOT CHARACTERISTIC OF THE OTHER LOTS. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. MANY OF THE NEIGHBORING PROPERTIES DO NOT SUSTAIN THE AMOUNT OF PROPERTY DAMAGE NOR HAVE THE SAME RISK OF INJURY FORM GOLF BALLS AS DOES THE APPLICANT. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE DAMAGE CAUSED BY THE GOLF BALLS AND RISK OF INJURY ARE NOT CAUSED BY ANTHING THE APPLICANT DID OR DID NOT DO. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Councilmember Holmgren raised the issue of regulating golf courses. Steve Ach, City Planner, indicated that currently the City's conditional use permit process does regulate golf courses. He further indicated that Pinewood Golf Course does not have a conditional use permit. THE MOTION CARRIED 5-0. 6.3. Comprehensive Land Use Plan Amendment by CPDC, Public Hearin.q Case No. LU 97-3 City Planner Steve Ach indicated that CPDC are requesting a Comprehensive Land Use Plan amendment changing the land use designation of approximately 80 acres from light industrial to medium density residential. The property is located at the northeast corner of County Road 12 and the Tyler Street alignment. Steve Ach reviewed the staff report on this issue. Mayor Duitsman opened the public hearing, there being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 97-79, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM LIGHT INDUSTRIAL TO MEDIUM DENSITY RESIDENTIAL, CASE NO. LU 97-3. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.