07-17-1995 CC MIN - Laserfiche WebLink

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e Meeting of the Elk River City Council Page 7 July 17, 19!1,!,' .;:.,. - n ____ n _ _ n___ _ __ -.) Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE 8 FOOT FRONT YARD SETBACK VARIANCE FROM COUNTY ROAD 33 REQUESTED BY DENNIS AND ARLENE MOOTZ TO CONSTRUCT A 14 FOOT BY 20 FOOT GARAGE AT 10213 209TH AVENUE NW BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE HARDSHIP BY THE FACT THAT APPLYING THE EXISTING 50' SETBACK STANDARD WOULD REQUIRE THE LOSS OF SEVERAL MATURE OAK TREES, OR THE PLACEMENT OF THE GARAGE IN AN INCONVENIENT AREA ON THE REAR OF THE PARCEL AWAY FROM THE EXISTING HOME. 2. HARDSHIP IS CAUSED BY THE TOPOGRAPHY OF THE SITE, WHICH MAKES IT DIFFICULT TO CONSTRUCT A GARAGE AT THE SETBACK LINE DUE TO THE DROP OFF, WHICH WOULD NECESSITATE THE NEED FOR EXTENSIVE FILL AND THE LOSS OF SEVERAL MATURE OAK TREES. 3. THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE NEIGHBORHOOD, AND IS IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 8.2. Request for Preliminary Plat Approval by Lindquist/Mastley rWeatherwood Plat}, Public Hearinq, Case No. P 95-01 City Planner Steve Ach indicated that the applicant has requested that this issue be continued until the July 24, 1995, City Council meeting. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PRELIMINARY PLAT FOR THE WEATHERWOOD SUBDIVISION UNTIL THE JULY 24, 1995, CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.3. Review of Conditional Use Permit for Commercial Asphalt. Public Hearinq, Case No. CU 95-13 Building and Zoning Administrator Steve Rohlf indicated that Commercial Asphalt Company is requesting renewal of a conditional use permit to run a hot mix bituminous plant in an existing gravei mine. The location of the property lies within the southwest corner of the intersection of County Road 33 and US Highway 169. Steve Rohlf reviewed the staff report on this issue. He indicated that the Planning Commission recommended approval of the permit. Steve Rohlf also indicated that the conditional use permit will be in effect for two years. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY COMMERCIAL ASPHALT COMPANY TO RUN A HOT MIX BITUMINOUS PLANT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e