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Planning Commission Minutes March 13, 2012 having an empty downtown. He stated that the church will utilize the downtown parking, • but the use will also provide energy to the downtown businesses. Commissioner Anderson asked if staff has received any feedback from downtown businesses on this request. Mr. Barnhart stated that he has received no comments for or against the use. He noted that the applicant provided an opportunity for comments by holding an open house. Commissioner Anderson stated he has concerns with parking and asked if the applicant was aware of the fact that a downtown plan is being discussed. Mr. Barnhart stated that although a downtown plan is being considered, there is no plan to show at this time. He noted that the applicant has done exactly what the city has asked of them throughout the review of their proposal. Commissioner Johnson asked if the neighboring property owners are aware of the plan. Mr. Barnhart stated that property owners within 350 feet of the site have been notified. Commissioner Johnson stated that if no one has come forward to speak against the plan, he does not have a problem recommending approval. Commissioner Bell stated that he would like to see the crosswalks added mid-intersection and marked clearly for the safety of church attendees parking across the street, especially during evening hours. Vice Chair Westberg asked what would happen if there were a number of large activities occurring in the downtown at one time. Mr. Barnhart stated that there could be the potential fora "perfect storm" of parking demand, but that there is some give and take in the downtown. • Commissioner Anderson questioned why the variance was following the CUP. He stated he would like to know the outcome of the variance before moving forward on the CUP. He stated that he could not approve the request because of his concerns with parking. Mr. Barnhart explained that the Shoreland issue was identified during the review of the plans and after the deadline for notification was past. He explained that only when all other solutions have been exhausted does staff support a variance, and this is one of those cases. Vice Chair Westberg stated that he would rather see the building used than sitting vacant. MOTION BY COMMISSIONER JOHNSON AND SECONDED BY COMMISSIONER KONIETZKO TO RECOMMEND APPROVAL OF THE REQUEST BY ELK RIVER LUTHERAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH AT 729 MAIN STREET, WITH THE FOLLOWING CONDITIONS: 1. A VARIANCE IS OBTAINED FROM THE SHORE LAND REGULATIONS. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. 4. ALL SIGNAGE MUST RECEIVE A PERMIT PRIOR TO CONSTRUCTION AND INSTALLATION. Page 3 5. A 12 FOOT EASEMENT FOR TRAIL PURPOSES SHALL BE PROVIDED • IMMEDIATELY SOUTH OF THE EXISTING CURB LINE ON THE SOUTH SIDE OF THE SITE.