08-15-1994 CC MIN - Laserfiche WebLink

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City Council Minutes August 15, 1994 Page 10 e 7.7. Consider a rezoninq request by the City of Elk River/Public Hearinq, Cqse No. ZC 94-02 City Planner Steve Ach introduced this item. He indicated that the zone change was initiated by the City Council. The request is for a rezoning of approximately fifteen acres lying north of Highway 10 and west of Queen Street alignment from 11 (light industrial) to R 1 b (single family residential). He indicated that the issue has been discussed by the Council on several occasions. The Planning Commission has also recently reviewed the issue and has held two public hearings on the requested zone change. The Planning Commission has recommended approval of the zone change as the rezoning would bring the zoning map into compliance with the Comprehensive Land Use Plan map designation of medium density residential. Steve Ach spoke to the issue of Custom Motors' noncompliance of a conditional use permit approved in 1978. He indicated that screening of the business was required in the conditional use permit and this has not been completed. He further indicated that the issue of screening has been raised several times. Steve Ach indicated that the proposed zone change would affect the business of Custom Motors. Mr. Ach reviewed the three preferred options of Custom Motors. He indicated that it is the preference of Custom Motors to remain at the present location and not be relocated. e Steve Ach indicated that if the zone change is approved, the City's current ordinance allows a five year amortization period before Custom Motors has to vacate the property. He indicated that this time period could be extended through an ordinance amendment. Mayor Duitsman opened the public hearing. Mike Boelter, indicated that the property in question is owned by two people. He indicated he is the other owner besides Custom Motors. He further indicated that 90% of the screening has been accomplished. He stated that he has not been notified of the meetings and indicated his opposition to the zone change. Robert Miller, Attorney for Mr. and Mrs. Roy, owners of Custom Motors, also commented that 90% of the screening is in place. He indicated that it is the preference of the Roy's to occupy the land and continue its current use. If this were the case, the Roy's would make fencing. screening and aesthetic improvements over a three year period. Mr. Miller indicated that the Roy's have met with City Staff regarding assistance in relocation and feel that there is no money available other than a small amount for loans. He indicated that the 5 year amortization period is unacceptable and suggested that the amortization period be eliminated. Mr. Miller stated that another option would be for the City to acquire the property on a five year contract for deed. This would allow the Roy's to continue living at the location for five years, during which they could pay rent to the City. e