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<br />Elk River City Council <br />January 23. 1995 <br /> <br />Page 6 <br /> <br />e <br /> <br />Gary Schmitz stated that The Chuba Company is requesting approval of a <br />conditional use permit for a zero lot line development which would allow <br />individual ownership of five parcels. <br /> <br />Gary Schmitz indicated that The Chuba Company is requesting a variance to the <br />minimum lot size in the 1-1 zoning district. Gary Schmitz explained that staff feels <br />the applicant can demonstrate hardship because the plat is being developed <br />into a zero lot line development. He stated that if the applicant were developing <br />the property without a zero lot line development a variance would not be <br />needed. Gary Schmitz stated that the Planning Commission has recommended <br />that the City's ordinance be reviewed to possibly allow townhouse style zero lot <br />line developments without the need of a variance. <br /> <br />Mayor Duitsman opened the pUblic hearings for Items 7.1. through 7.4. There <br />being no one for or against these matters, Mayor Duitsman closed the public <br />hearings. <br /> <br />Bob Minton, Planning Commission Representative, indicated that the Planning <br />Commission recommended approval of the preliminary plat conditional use, and <br />variance. <br /> <br />Preliminary Plat <br /> <br />e <br /> <br />COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT FOR <br />VERNON PLAZA, CASE NO. P 94-12, SUBJECT TO THE FOLLOWING CONDITIONS: <br /> <br />1. ASSOCIATION DOCUMENTS FOR THE OFFICE BUILDING AND COMMON <br />SPACE BE REVIEWED BY THE CITY ATTORNEY AND RECORDED WITH <br />SHERBURNE COUNTY. <br /> <br />2. A SEPARATE DOCUMENT BE RECORDED WITH SHERBURNE COUNTY, <br />DEDICATING THE COMMON AREA OF LOT 1, BLOCK 1, VERNON PLAZA, FOR <br />DRAINAGE AND UTILITY EASEMENT PURPOSES. <br /> <br />COUNCI1MEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> <br />Conditional Use Permit <br /> <br />COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT <br />REQUESTED BY THE CHUBA COMPANY FOR ZERO LOT LINE DEVELOPMENT BASED ON <br />THE CRITERIA FOR GRANTING A CONDITIONAL USE PERMIT WITH THE FOLLOWING <br />CONDITION: <br /> <br />1. ALL COMMON WALLS BE CONSTRUCTED TO MEET THE SEPARATION <br />REQUIREMENTS AS SET FORTH IN THE UNIFORM BUILDING CODE. <br /> <br />COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTtON CARRIED 5-0. <br /> <br />e <br />