05-16-1994 CC MIN - Laserfiche WebLink

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Elk River City Council Minutes May 16, 1994 Page 11 e 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 CONDITIONAL USE PERMIT REQUESTED BY RANDALL PITCHER OF 18649 TWIN LAKES ROAD TO OPERATE A SHARPENING BUSINESS FROM HIS DETACHED GARAGE WITH THE FOLLOWING CONDITIONS: 1. HOURS OF OPERATION BE AS PER CITY CODE. 2. THE APPLICANT MAINTAIN ENOUGH ROOM IN THE DRIVEWAY FOR THREE CUSTOMER VEHICLES AT ALL TIMES DURING OPERATING HOURS. 3. THAT A l' x 1.5' FREESTANDING SIGN BE ALLOWED AT THE END OF THE DRIVEWAY NEAR TWIN LAKES ROAD. THE SIGN MUST BE LOCATED OUTSIDE OF COUNTY RIGHT OF WAY AND BE UNDER 5' IN HEIGHT. A SIGN PERMIT MUST BE OBTAINED BEFORE THE SIGN IS ERECTED. 4. THIS USE IS SUBJECT TO AN ANNUAL REVIEW BY STAFF TO ENSURE THE INTEGRITY OF THE RESIDENTIAL NEIGHBORHOOD IS MAINTAINED. 5. IF THE CITY RECEIVES VALID COMPLAINTS REGARDING NOISE, AN IMMEDIATE REVIEW OF THE HOME OCCUPATION WILL BE CONDUCTED AND IF NECESSARY BROUGHT BEFORE THE CITY COUNCIL FOR REVIEW OF THE CONDITIONAL USE PERMIT. e COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.9. Administrative Subdivision and Conditional Use Permit Reauest by James Rossman/P.H. Case No. AS 94-03 and CU 94-06 Planning Assistant Gary Schmitz indicated that James Rossman has requested a conditional use permit for a zero lot line development for a shared drive and an administrative subdivision to divide his existing parcel located at 406 Main Street, Elk River, Minnesota. Gary Schmitz explained that the Council heard this item on April 18, 1994, and tabled the issue and directed staff to research the issue concerning the detached garage with the City Attorney. Gary indicated that following discussion of this issue with the City Attorney, it was determined that any subdivision of property must be consistent with the zoning ordinance and conform with all of its requirements. He indicated that allowing the detached garage to remain on Parcel B after the administrative subdivision is recorded, would be a violation of the zoning ordinance. He stated that, therefore, the staff is recommending the garage be moved prior to the recording of the administrative subdivision. Mayor Duitsman opened the public hearing. e Jim Rossman indicated that Section 900.32 of the City's Code speaks to residential property. He indicated that this may not be relevant to his property as his property is located in a C-2 zone. He requested that the Council authorize