3.0. BASR 09-28-2004 - Laserfiche WebLink

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1. Boundary changes to accommodate existing commercial uses MS 103F.325 states "For each river proposed to be included in the wild and scenic rivers system, the commissioner shall prepare a management plan, without unreasonable restrictions upon compatible. preexisting, economic uses of particular tracts of land, to preserve and enhance the values that cause the river to be proposed for inclusion in the system". A. Unreasonable restrictions upon preexisting, economic uses The two commercial areas that are proposed to be removed from the Wild and Scenic River District were in existence prior to the district being established. Creating forty non-conforming businesses within one community by a legislative act is, in any sane person's mind, unreasonable and must be rectified. Many of the businesses affected are separated from the river by a 20,000 car a day highway, but nobody would suggest that MnDOT make this road non-conforming and phase it out. B. Preserve and enhance the values that caused the river to be proposed for inclusion in the system Boundary change in Sections 2, 3, 10, & 11, T32N,R26W Potential negative effects to the Mississippi River caused by this commercial development can easily be mitigated. The city's proposed boundary for the Highway 10 area is located at the crest of the wooded ridge along the river to give maximum elevation for screening for the river from the commercial uses. The proposed boundary is approximately 1/4 mile from the river. City sanitary sewer and controlled treated storm sewer will address water quality and quantity issues. Finally, the city is proposing that any commercial development in this area that is River District Boundary be required within Fifty (50) feet of the Wild and Scenic Ri az'Y q to gain approval of a conditional use permit. The conditional use permit process (with public hearing and notification of the Commissioner) is an adequate mechanism to control vegetative clearing, signs, aesthetic, etc. Boundary change in Section 34, T33N, R26W The Original Wild and Scenic River District regulations were sensitive to the fact that this area was already developed. Lot widths, lot sizes and setbacks reflected the existing conditions. What was not taken into consideration when the Wild and Scenic River District boundary was established was that it included a portion of the historic downtown area of Elk River and made these businesses non- conforming because commercial uses are not allowed. ID Like most communities built in the 1800s,the businesses in this area turned their backs to the river. The City of Elk River,working with the business owners, is trying to rectify this and enhance the view from the river. The city's proposed