09-20-1993 CC MIN - Laserfiche WebLink

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Elk River city Council Meeting September 20, 1993 Page 7 e Linda Nogle, area resident, stated she would like Council and Planning Commission address issues businesses. Peter Beck, City Attorney, indicated have a strict adult oriented business ordinance. to see the City such as adult based that the City does There being no further comments, Mayor Duitsman closed the public hearing. Councilmember employee and allowing home Holmgren stated that City was not aware of the occupation from a duplex. Planner, Steven Ach, is a new City's ordinance requirement not The City Attorney stated that it would be appropriate to refund the application fee to Mr. Palmer because the application should not have been received under the existing ordinance. Robert Minton, Planning Commission Representative, indicated Planning Commission was also aware that Mr. Palmer lived in however, they were not aware of the ordinance requirement not home occupations from a duplex. that the a duplex, allowing Councilmember Scheel apologized for the delay on Mr. Palmer's request, however, she indicated she could not vote for the conditional use permit as it is against the City's ordinance. e COUNCILMEMBER HOLMGREN MOVED TO DENY THE CONDITIONAL USE PERMIT REQUEST BY MARK PALMER AND AUTHORIZED STAFF TO RETURN THE APPLICATION FEE AND REQUESTED THE PLANNING COMMISSION TO RESEARCH THE PROVISION IN THE CITY ORDINANCE WHICH RESTRICTS HOME OCCUPATIONS IN DUPLEX DWELLINGS. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.2. Conditional Use Permit by Larry Leitschuh Elk River Theater/Public Hearing/CU-93-25 Steve Rohlf, Building and Zoning Administrator, indicated that a conditional use permit has been requested to amend the Elk River Plaza Development agreement expanding the theater from five to ten screens, eliminating a portion of interior mall corridor, and to increase the movie theater signage and modify the site plan. Steve Rohlf indicated that the Planning Commission reviewed the request and recommended approval with eight stipulations. He indicated that there is one outstanding issue concerning the height of the tower which staff may want to reconsider. He indicated that the height of the proposed tower is 50 feet and that the Elk River sign ordinance allows 35 feet. It was noted that the signage for the Elk River Mall was approximately 48 feet. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. e Robert Minton, Planning Commission Representative, indicated that the Planning Commission reviewed the request and recommended approval and further stated that the Planning Commission did not see the 50 foot tower as an issue.