03-16-1998 CC MIN - Laserfiche WebLink

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Elk River City Council Meeting March 16, 1998 Page 4 6.1. 6.2. Guardian An,clels Request for Variance~ Case No. V 97-21 City Planner Steve Ach indicated that Guardian Angels of Elk River is requesting a variance to the maximum allowable impervious surface coverage of 25 percent as set forth in the shoreland district. Steve Ach indicated that Guardian Angels has attempted to make the project conform more to the shoreland ordinance by reducing the variance request to 35 percent allowable impervious surface coverage Jn both Tiers 2 and 3. He fudher indicated that the Planning Commission had previously approved a variance of 30 percent. COUNCILMEMBER FARBER MOVED TO APPROVE THE VARIANCE REQUEST BY GUARDIAN ANGELS OF ELK RIVER TO ALLOW A MAXIMUM IMPERVIOUS SURFACE COVERAGE IN TIERS 2 AND 3 OF 35 PERCENT BASED ON THE FOLLOWING FINDINGS: LITERAL ENFORCEMEN OF THE SHORELAND ORDINANCE IS DIFFICULT BECAUSE OF THE MIXED USE PLANNED UNIT DEVELOPMENT PROPOSED FOR THIS SITE. THE PROPERTY HAS SOME UNIQUE CHARACTERISTICS IN THAT IT IS BORDERED BY A STATE HIGHWAY (10) AND IS ENTIRELY WITHIN THE SHORELAND DISTRICT. THE VARYING SHORELAND ALSO CONTRIBUTES TO THE SPECIAL CONDITIONS WHICH APPLY TO THE PROPERTY. OTHER EXISTING COMMERCIAL ESTABLISHMENTS WHICH ARE SANDWICHED BETWEEN STATE HIGHWAY 10 AND LAKE ORONO HAVE RIGHTS THAT WOULD NOT BE ENJOYED BY GUARDIAN ANGELS IF A VARIANCE WAS NOT GRANTED. THE AMOUNT OF THE VARIANCE IS MINIMIZED BY CONSTRUCTING A MULTI- STORY BUILDING TO REDUCE THE AMOUNT OF IMPERVIOUS AREA. FURTHERMORE, THE IMPERVIOUS AREA WHICH EXCEEDS THIS ORDINANCE IS OCCURRING AS FAR AWAY FROM THE LAKE AS POSSIBLE. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF RESIDENTS. THE USE OF STORM WATER MANAGEMENT PONDS HAVE BEEN SIGNED ACCORDINGLY AND WILL TREAT THE RUNOFF PRIOR TO DISCHARGE INTO LAKE ORONO. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED O. Consider Resolution Authorizin,q Feasibility Study to Loop Water Main for Guardian Angels Project City Engineer Terry Maurer indicated that Guardian Angels of Elk River is requesting a feasibility study to analyze the extension of lateral sanitary sewer and water to serve their Lake Orono development project. Terry Maurer stated that the owners of the Elk Motel have also indicated their interest in lateral sanitary sewer along with the water improvement. He further stated that the Park and Recreation Commission is requesting a trail be considered from the