05-18-1998 CC MIN - Laserfiche WebLink

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Elk River City Council Minutes Ma_v 18~ 1998 Page 7 RETAIL SALES SHOULD NOT OCCUR ON A DALLY BASIS GIVING THE IMPRESSION OF A "RETAIL ENVIRONMENT." COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Tim Smith Request for Accessory Structure Setback Variance, Public Hearing Case No. V 98-3 Scott Harlicker indicated that Tim Smith is requesting a variance to the 75 foot shoreline setback requirement to construct a pole building at 13192 192nd Avenue NW. He indicated that the Board of Adjustments voted to deny the variance request based on the following criteria: lack of hardship due to availability of other locations on site, proposed location is located in a flood plain, proposed location is on a drainage easement and the request does not meet 3 of the 4 criteria of the shoreline management ordinance. Scott indicated that construction of the pole building has already begun. Scott Harlicker reviewed staff report on this issue. Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duitsman closed the public headng. Councilmember Dietz indicated that if Mr. Smith had applied for a building permit for the building, he would not be in a situation that requires a variance. COUNCILMEMBER DIETZ MOVED TO DENY THE REQUEST BASED ON THE FOLLOWING FINDINGS, AND THAT THE BUILDING BE REMOVED FROM THE LOCATION. THE APPLICANT DID NOT SHOW THAT HE WOULD SUFFER ANY HARDSHIP BY STRICT APPLICAITON OF THE ZONING ORDINANCE. THE APPLICANT HAS REASONABLE USE OF THE PROPERTY WITHOUT THE GRANTING OF THE VARIANCE. THE PROPOSED LOCATION IS WITHIN THE FLOOD PLAIN AND WOULD REQUIRE RAISING THE BUILDING FLOOR ELEVATION BY 6 FEET AND EXTENDING THE FILL TO WITHIN 5 FEET OF THE STREAM, THEREBY INCREASING THE POSSIBILITY OF IMPACT UPON THE DNR PROTECTED STREAM. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. City of Elk River Request for Rezoning from R1C (Sin.qle Family Residential) to BP IBusiness Park) IArea #3) Public Hearinq Case No. ZC 98-4 Steve Ach, City Planner, indicated that the city is requesting a rezoning application of approximately 45 acres from Rlc to BP in Area #3 located at the northeast corner of County Road No. 13 and County Road No. 12. He explained that this area, along with others along this corridor, have been identified in the Economic Development Strategic Plan as potential sites for business park development opportunities. Mayor Duitsman opened the public hearing for item 6.6.