6.7. SR 08-18-1997 - Laserfiche WebLink

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PaCe 8 LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNNECESSARY HARDSHIP BY NOT ALLOWING THE APPLICANT TO CONSTRUCT A DECK IN A REASONABLE LOCATION ON THE PARCEL. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONERS ACTION BUT DUE TO THE PLATTING OF THE PROPERTY PRIOR TO THE SHORELAND ORDINANCE. GRANTING THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF ELK RIVER OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED. ONLY ONE OF THE ENCLOSED STRUCTURES BE ALLOWED TO LIMIT THE VISUAL IMPACTS FROM PINTAIL POND. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6- 0. Staff reports presented by Steve Ach. Riverside Development requested a comprehensive land use plan amendment changing the land use from MR (Medium Density Residential) fo HB (Highway Business), rezoning from R lc (Single Family Residential) and PUD (Planned Unit Development) to C3 (Highway Commercial), and a request fo plat approximately seventeen 17) acres into one commercial lot and two outlofs. Jeff Oongoll, Riverside Development addressed the Planning Commission regarding the three (3) requests. Chairman Tveite opened the public hearing for the land use plan amendment request and the rezoning request. There being no comments from the public, Chairman Tveit-- closed the public hearing. Planning Commission discussion included: zoning; plat boundaries; ridge; easement. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE LAND USE PLAN AMENDMENT REQUEST BY RIVERSIDE DEVELOPMENT COMPANY, PUBLIC HEARING, CASE NO. LUA 94-7, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: EXTENDING THE COMMERCIAL LAND USE ALONG HIGHWAY 169 FURTHER SOUTH TO INCLUDE THE REMAINING UPLAND AREA IS A LOGICAL EXTENSION. THE LAND USE PLAN AMENDMENT WILL NOT HAVE A DETRIMENTAL AFFECT ON SURROUNDING PROPERTIES.