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City Council Minutes Page 13 <br />September 15, 2003 <br /> <br /> BUSINESS CURRENTLY IN OPERATION ON HIS PROPERTY OR ELSE HE <br /> MUST CEASE HIS BUSINESS." <br /> <br />Mayor I42inzing stated that condition number six should be acted upon separately and not <br />tied to the CUP for the beauty salon. <br /> <br />Councilmember Dietz questioned which business must cease operation. Councilmember <br />Motto stated it would be the cabinet business, which currently should not be in operation <br />without an amended CUP. <br /> <br />Mayor KAinzing again stated that there would be no reason to tie condition number six to <br />the beauty salon CUP. <br /> <br />COUNCILMEMBER MOTIN MOVED TO WITHDRAW CONDITION <br />NUMBER SIX FROM HIS MOTION FOR THE APPROVAL OF THE <br />CONDITIONAL USE PERMIT FOR THE BEAUTY SALON. <br />COUNCILMEMBER TVEITE ACCEPTED THE WITHDRAWAL OF THE <br />CONDITION. THE MOTION PASSED 4-1. Councilmember Dietz opposed. <br /> <br />Councilmember Tveite stated that he believed condition number slx could have been left in <br />as the cabinet business does affect the land use of this property and is no different than <br />stating a condidon such as "the applicant must follow all building code requirements." He <br />stated that the condition would be a conformance reqttirement. <br /> <br />COUNCILMEMBER MOTION MOVED TO DIRECT STAFF TO TAKE <br />ACTION TO CEASE THE CABINET SHOP BUSINESS IF THE APPLICANT <br />DOES NOT COME FORWARD WITH A CONDITIONAL USE PERMIT FOR <br />THE BUSINESS WITHIN 60 DAYS. COUNClLMEMBER TVEITE SECONDED <br />THE MOTION. THE MOTION CARRIED 5-0. <br /> <br />Mayor K2inzing stepped away from the meeting for a few minutes. <br /> <br />6.11. Request by Elk River Business Park, LLC for an Easement Vacation, Public Hearing-Case <br /> No. EV 03-04 <br /> <br />Director of Planning Micheie McPherson submitted the staff report. Ms. McPherson stated <br />that the applicant is requesting drainage and utility easements located on either side of the <br />westerly lot line of Lot 5, Block 1, Elk River Business Park be vacated due to some lot <br />changes from an earlier approved administrative subdivision. <br /> <br />Vice Mayor Kuester opened the public hearing. There being no one to speak to this issue, <br />Vice Mayor Kuester closed the public hearing. <br /> <br />COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-61 FOR <br />VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 03-04. <br />COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION <br />CARRIED 4-0. <br /> <br /> <br />