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Elk River City Council Minutes March 20~ 2000 Page 7 6.7. Request by Tim Smith to Amend Conditional Use Permit CU 94-17 by Removin.q Condition to Remove House, Public Hearin.q Director of Planning Michele McPherson explained that Tim Smith is requesting an amendment to a conditional use permit that would remove a condition of a conditional use permit granted in 1994. The condition that the applicant is requesting to be amended requires removal of a house on the subject property within three years of approval of the original conditional use permit. Michele McPherson reviewed the analysis provided in her memo to the City Council on the issue. She noted that the Planning Commission made no recommendation regarding the request as some commissioners felt the applicant had been given enough time while others felt that allowing the house to remain for a few more years would not be detrimental to the city. Mayor Klinzing opened the public hearing. Jerry Smith, father of Tim Smith, requested the council to give him additional time to remove the house. He noted that the commercial development in the area where the house is located has been slow and further noted that the property has not been able to be sold. Councilmember Farber explained that the City Council's intention is to enforce the original conditional use permit. He further noted that he felt the city has been lenient in allowing extra time as the house was supposed to be removed in 1997. Councilmember Motin concurred with Councilmember Farber. Counciimember Motin noted that the incentive to remove the house was given six years ago at the time the conditional use permit was granted. He further noted that the area is continuing to grow and that the house is deteriorating. Tim Smith informed the council that at the time the conditional use permit was approved, he was informed that he could come back to the council regarding the use of the house. He further indicated that he is now coming back to council to request a time extension. He further noted that he had completely forgotten about the stipulation to remove the house within three years of the conditional use permit approval. There being no further comments, Mayor Klinzing closed the public hearing. Mayor Klinzing noted that she received a comment from an area resident requesting the council to grant an extension. She noted that the residents in the area do not see the home as detrimental and but feel the home helps them to feel that the area is more residential. Mayor Klinzing stated that she sees no impending reason to require the applicant to follow through with the stipulation to remove the house. She further noted she believes there was an unspoken agreement at the council meeting regarding the conditional use permit allowing the applicant to come back to the council regarding the issue. She stated that she is interested in granting an extension. MAYOR KLINZING MOVED TO GRANT AN EXTENSION FOR REMOVAL OF THE HOUSE UNTIL JUNE 20, 2003.