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Elk River City Council Minutes <br />March 20, 2000 <br /> <br />Page 8 <br /> <br />6.8. <br /> <br />6.9. <br /> <br />Councilmember Thompson noted that he has a problem with granting an extra <br />three years as he feels it could be setting a precedent for other conditional use <br />permits. <br /> <br />Mayor Klinzing stated she did not agree with Councilmember Thompson as the <br />people have a right to request an amendment to the conditional use permit. <br /> <br />Mayor Klinzing asked for a second to the motion. Due to lack of a second, the <br />motion died. <br /> <br />COUNCILMEMBER FARBER MOVED TO DENY THE REQUEST FOR AN AMENDMENT TO <br />CONDITIONAL USE PERMIT CU 94-17 BASED ON THE FOLLOWING FINDINGS: <br /> <br />THE CONDITION WAS PART OF THE ORIGINAL APPROVAL; THE CITY FOUND <br />REMOVAL OF THE HOUSE WAS IN THE BEST INTEREST OF THE CITY AT THAT TIME <br />AND THE CITY'S OPINION HAS NOT CHANGED. <br /> <br />2. THE DWELLING IS NONCONFORMING. <br /> <br />ALLOWING THE DWELLING TO REMAIN IS INCONSISTENT WITH THE <br />REDEVELOPMENT OF MAIN STREET TO COMMERCIAL USES. <br /> <br />THE ORIGINAL CONDITIONAL USE PERMIT WAS APPROVED ALLOWING A <br />COMMERCIAL PARKING LOT BEHIND A SINGLE FAMILY HOME IN LIGHT OF THE <br />FACT THAT IT WOULD BE LIMITED TO THREE YEARS. <br /> <br />COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor <br />Klinzing opposed. <br /> <br />COUNCILMEMBER THOMPSON MOVED TO ALLOW THE SMITHS 90 DAYS TO REMOVE <br />THE HOUSE AND FURTHER THAT THE LEGAL STAFF SHOULD CONTINUE WITH THE LEGAL <br />PROCESS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED <br />4-1. Mayor Klinzing opposed. <br /> <br />Request by Frank Madsen for Land Use Map Amendment to Remove Property from <br />Urban Service District, Public Hearin.q Case No. LU 00-1 <br /> <br />Request by Frank Madsen for Rezonin.q from Rlc to R1 a, Public Hearin.q Case No. <br />ZC 00-3 <br /> <br />Planner Steve Wensman noted that Frank Madsen is requesting a land use <br />amendment to remove property from the urban service district and a rezoning <br />from Rlc (Single Family Residential)to Rla (Single Family Residential). Mr. Madsen <br />is requesting to subdivide his property to sell three acres and does not want to <br />connect to city sewer and water. The property is located at 19640 Proctor Road <br />NW. <br /> <br />Steve Wensman reviewed the staff report on these issues. <br /> <br />Mayor Klinzing opened the public hearing. There being no one for or against the <br />matter, Mayor Klinzing closed the public hearing. <br /> <br /> <br />