07-25-1988 CC MIN - Laserfiche WebLink

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Page 3 City Council Minutes July 25. 1988 e COUNCILMEMBER TRALLE MOVED THAT THE REQUESTED 10 FOOT VARIANCE ON THE 25 FOOT SIDE YARD SETBACK 'AND 35, FOOT, VARIANCE ON- THE 50 FOOT FRONT YARD SETBACK BE APPROVED. FOR PROPERTY LEGALLY DESCRIBED AS PARTS OF LOTS 6.7 AND 8. AUDITORS SUBDIVISION NO.3. LYING IN THE ~ OF SECTION 33. TOWNSHIP 33. RANGE 26. WITH THE FOLLOWING CONDITIONS: 1. THAT THE POWER LINE ABOVE THE PROPERTY BE MOVED AT THE PETITIONER'S EXPENSE. 2. THAT NO FUEL TRUCKS BE PARKED IN THE BUILDING. 3. THAT THE BUILDING BE SPRINKLED. 4. THAT THERE BE A FENCE ALONG QUINN AVENUE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Discussion was held regarding who was responsible for the moving of the power line. It was the consensus that the burden not fall completely on Mr. Beaudry as he was not responsible for putting the line in that location. e COUNCILMEMBER TRALLE MOVED TO AMEND THE PREVIOUS MOTION TO STATE THAT THE POWER LINE ABOVE THE PROPERTY BE MOVED AT A COST TO BE NEGOTIATED BETWEEN THE PETITIONER. THE CITY. AND ELK RIVER MUNICIPAL UTILITIES. COUNCILMEMBER SCHULDT SECONDED THE AMENDMENT. THE AMENDMENT PASSED 5-0. THE MOTION AS AMENDED PASSED 5-0. 5.1. 5.2. 5.3. and 5.4. Administrative Wash in C-3A Zone). Conditional Use Variance (expansion of non-conforming Subdivision and Variance (Car Permit (Car Wash in C-3A Zone). use) Beaudry Oil/Public Hearing Steve Rohlf. Building and Zoning Administrator. indicated that Mr. Beaudry owns two lots legally described as parts of Lots 2 and 3. Block 23. Village of Elk River. The eastern lot has the existing car wash and gas station on it. The car wash is a grandfathered-in. non-conforming use. Mr. Beaudry is proposing to remove the gas station portion of the building and replace it with office space and add two additional car wash stalls. The additional car wash stalls will require approval of an expansion of a non-conforming use. Mr. Beaudry's western lot is zoned C-3A and he is proposing to put a gas station. a convenience store, and an automatic car wash on this lot. The lot line runs through this proposed car wash. therefore, Mr. Beaudry is requesting an administrative subdivision to move the lot line to the east side of the car wash. If the car wash is constructed and the lot line moved, a 20 foot variance will be required to the side yard setback, and a conditional use permit will be required to allow the car wash in a C-3A zone. e Mayor Gunkel indicated that the Planning Commission recommended denial of the variance request because the request did not meet the five standards required for a variance.