01-23-1995 CC MIN - Laserfiche WebLink

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Elk River City Council January 23, 1995 Page 7 e Variance COUNCllMEMBER FARBER MOVED TO APPROVE THE VARIANCE REQUESTED BY THE CHUBA COMPANY FOR CASE NO. V 94-16 BASED ON THE FOLLOWING FINDINGS OF FACT: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE HARDSHIP TO THE APPLICANT AS A RESULT OF A MISCOMMUNICATION OF THE INTENT OF THE ORDINANCE REQUIREMENTS CURRENTlY IN EFFECT, AND THAT THE INTENT OF THE PLANNING COMMISSION AND CITY COUNCIL IS TO MODIFY THE ORDINANCE TO ALLOW SUCH DEVELOPMENTS IN THE FUTURE, THEREFORE MAKING THE REQUEST A LEGAL, CONFORMING REQUEST IN THE FUTURE. 2. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE HARDSHIP SINCE THE INTENT OF THE ORDINANCE IS NOT TO MANDATE OWNERSHIP OF LAND, BUT TO DIRECT LAND US!:. 3. REDUCING THE INDIVIDUAL LOT SIZE DOES NOT INCREASE THE DENSITY OF THE DEVELOPMENT OR MODIFY THE CONSTRUCTION OF THE BUILDING. 4. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OF THE NEIGHBORHOOD IN WHICH THE PROPERTY IS SITUATED AND WILL BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. e COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Final Plat COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 95-5, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR VERNON PLAZA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO REQUEST THE PLANNING COMMISSION TO RESEARCH AN ORDINANCE AMENDMENT WHICH WOULD ALLOW TOWNHOUSE STYLE ZERO LOT LINE DEVELOPMENTS WITHOUT THE NEED FOR A VARIANCE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. Tom and Sara Hartman, Gvardian Angels, Reauest for a Zone Chanqe, Public Hearinq, Case No. ZC 94-15 Tom and Sara Hartman, Guardian Anaels, Request for a land Use Amendment. Public Hearinq, Case No. lU 94-13 7.6. e City Planner Steve Ach indicated that Tom and Sara Hartman and Guardian Angels of Elk River. Inc., have made application for a land use plan amendment to change the land use from medium density residential to highway business. He indicated that an application for rezoning has also been made from single family residential and two family residential to highway commercial. He noted that the property is located at the northwest corner of Highway 10 and Joplin Street extension.