12-19-1994 CC MIN - Laserfiche WebLink

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City COWlcil Minutes December 19, 1994 Page 9 e He stated that although the additional 5.13 acre parcel and the existing parcel would equal ten acres, the ten acres includes 1.03 acres of right-of-way, which cannot be included in the lot area. Steve Ach indicated that the Planning Commission reviewed the request and recommended approval. Mayor Duitsman opened the public hearing, there being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCD... MEMBER SCHEEL MOVED TO APPROVE THE 1.03 ACRE LOT AREA VARIANCE REQUESTED BY CHERYL FROEHLICH BASED ON THE FOLLOWING FINDINGS: 1. THE INTENT OF THE MINIMUM LOT STANDARDS SET FORTH IN THE Al ZONING DISTRICT IS TO ALWW LARGE LOT, TEN ACRE SUBDMSIONS WITH THE DENSITY OF FOUR UNITS PER ACRE. LITERAL ENFORCEMENT OF THE LOT AREA REQUIREMENTS. IN THISP ARTICULAR CASE WOULD GO BEYOND THE INTENT OF THE ORDINANCE. e 2. LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT FULL USE OF THE PROPERTY WHD...E KEEPING WITHIN THE INTENT OF THE ORDINANCE. 3. THE VARIANCE WD...L HAVE NO IMPACT OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE COMMUNITY AND WILL BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCD... MEMBER HOLMGREN SECONDED THE MOTION. MOTION CARRIED 5-0. 7.5 Consider Johnson and Ruggieri.. Inc. (Taco Bell) Request for Conditional Use Permit Public Hearing. Case #CU94-34 e City Planner, Steve Ach, indicated that Dovolis, Johnson and Ruggieri, Inc. is requesting a Conditional Use Permit for site plan review of a Class 2 restaurant with a drive-thru in Elk Park Center Planned Unit Development. He indicated that the restaurant being requested is a Taco Bell. The location of the proposed restaurant is Lot 3, Block 4, Elk Park Center. Steve Ach indicated that there may be a possibility that the restaurant would be open 24 hours in the future.