09-18-1995 CC MIN - Laserfiche WebLink

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Elk River City Council Minutes September 18, 1995 Page 7 e DEVELOPMENT DISTRICT NO.1. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3~0~1. Mayor Duitsman abstained. The City Council recessed at 8:05 p.m. and reconvened at 8: 15 p.m. 7.1. Shielv Company Reauest for Land Use Map Amendment from A to ML Public Hearina, Case No. LUA 95-7 7.2. Shielv Company Reauest for Zone Chanae from A 1 to 12, Public Hearin9, c:;ase No. ZC 95-7 7.3. Shielv Company Reauest for Renewal of Conditional Use Permit, Public Hearin!;l, Case No. Cu 95-17 Building and Zoning .Administrator Steve Rohlf noted that the request for zone change by the Shiely Company requires a 4/5 vote by the Council. He suggested that these issues be tabled until there is a full Council present as Councilmember Dietz has indicated he will be abstaining from these issues. Mayor Duitsman opened the public hearing. COUNCILMEMBER SCHEEL MOVED TO CONTINUE ITEMS 7.1., 7.2., AND 7.3., TO THE OCTOBER 2, 1995, CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4~0. e 7.4. Dennis Booth Reauest for Variance, Public Hearina, Case No. V 95-7 7.5. Dennis Booth Reauestfor Administrative Subdivision, Public Hearina, Case No. AS 95-7 Gary Schmitz, Planning Assistant, indicated that Dennis Booth is requesting an administrative subdivision to divide a 20 acre parcel into two 10 acre parcels. Gary Schmitz explained that on both 10 acre parcels, a portion of the property is located within the right-of-way of 213th Avenue. He explained that according to the zoning ordinance, the minimum lot area calculation cannot include the right-of-way. Mr. Booth is requesting a 1/4 acre variance for Parcel C and a 1/4 acre variance for Parcel D to the minimum lot size of 10 acres. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Chris Kreger, Planning Commission representative, indicated that the Planning Commission recommended approval of the variance. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE REQUESTED VARIANCE TO THE MINIMUM LOT SIZE REQUIREMENT IN THE A1 ZONING DISTRICT BY DENNIS BOOTH BASED ON THE FOLLOWING FINDINGS: 1. THE INTENT OF THE MINIMUM LOT STANDARDS SET FORTH IN THE A1 ZONING DISTRICT IS TO ALLOW LARGE 10 ACRE SUBDIVISIONS WITH A DENSITY OF 4 UNITS PER 40 ACRES. 2. LITERAL ENFORCEMENT OF THE LOT AREA REQUIREMENTS IN THIS PARTICULAR CASE WOULD GO BEYOND THE INTENT OF THE ORDINANCE. e