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<br />City Council Minutes <br />March 21,1994 <br /> <br />Page 5 <br /> <br />e <br /> <br />1. Literal enforcement of the ordinance would cause unavoidable hardship <br />because of an existing condition which, at the time the building was constructed, <br />met city code. <br /> <br />2. The variance is not a consequence of the petitioners action, but due to <br />changes in city code. <br /> <br />3. The variance will not be injurious to or adversely affect the health, safety, <br />or welfare of the City or the neighborhood wherein the property is situated and <br />will be keeping with the spirit and intent of the ordinance. <br /> <br />Mayor Duitsman opened the public hearing. There being no one for or against <br />the matter, Mayor Duitsman closed the public hearing. <br /> <br />COUNCILMEMBER DIETZ MOVED TO APPROVE THE FIVE FOOT FRONT YARD BUILDING <br />SETBACK VARIANCE AND THE FIVE FOOT PARKING LOT SETBACK VARIANCE TO THE <br />PUBLIC LIBRARY BASED ON THE THREE FINDINGS LISTED ABOVE. COUNCILMEMBER <br />HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. <br /> <br />7.8. Consider request by Elk River Municipal Utilities for a conditional use permit <br />to operate a filtration water plant at 18586 Gary Street/PUBLIC HEARING - CU-94- <br />03 <br /> <br />e <br /> <br />Steve Ach indicated that Elk River Municipal Utilities is requesting a conditional <br />use permit to operate a new filtration plant and back-wash pond at 18586 Gary <br />Street. Steve stated that the Planning Commission recommended approval of <br />the request. <br /> <br />Mayor Duitsman opened the Public Hearing. <br /> <br />Dave Anderson, Park and Recreation Commission Chair. questioned the <br />landscaping plan. Council member Farber requested that the landscaping plan <br />include the area around the building and the backwash pond to blend in with <br />the park. <br /> <br />Mayor Duitsman closed the public hearing. <br /> <br />COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT <br />REQUESTED BY ELK RIVER UTILITIES TO OPERATE A NEW FILTRATION PLANT AND <br />BACKWASH WITH THE FOLLOWING CONDITIONS: <br /> <br />A. A LANDSCAPING PLAN BE PREPARED AND COORDINATED WITH CITY STAFF <br />FOR IMPLEMENTATION DURING THE SUMMER OF 1994. <br />B. CONSIDERATION BE GIVEN TO EITHER PAINTING OR IMPROVING THE <br />ARCHITECTURAL APPEARANCE OF THE BUILDING. <br /> <br />COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. <br /> <br />e <br />