Laserfiche WebLink
• <br /> Elk River City Council Meeting Page 9 <br /> August 19, 1996 <br /> 2. THE HARDSHIP CAUSED BY THE TOPOGRAPHY OF THE SITE, WHICH MAKES IT <br /> DIFFICULT TO CONTRACT A BUILDING AT THE SETBACK LINE, DUE TO THE <br /> DROP-OFF, WHICH WOULD REQUIRE EXTENSIVE FILL AND THE LOSS OF <br /> SEVERAL MATURE TREES. <br /> 3. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION, BUT <br /> RATHER A RESULT OF THE TOPOGRAPHY OF THE SITE. <br /> 4. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE <br /> HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE <br /> NEIGHBORHOOD WHEREIN THE PROPERTY IS SITUATED AND WILL BE IN <br /> KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. <br /> 5. THE PROPOSED POLE BARN DOES NOT EXCEED 1620 SQUARE FEET, IN ORDER <br /> TO COMPLY WITH THE MAXIMUM ACCESSORY STRUCTURE AREA ALLOWEDIN <br /> THIS ZONING DISTRICT. <br /> 6. THE PROPOSED POLE BARN WILL BE MOVED AS FAR SOUTH AS POSSIBLE <br /> WITHOUT REQUIRING CUTTING DOWN THE MATURE TREES LOCATED ON THE <br /> PROPERTY. <br /> 7. THE EXISTING YARD BARN AND DOG KENNEL WILL BE MOVED TO THE REAR <br /> OF THE PROPERTY AND BOTH WILL BE REQUIRED TO MEET ALL SETBACKS. <br /> COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> • 8.8. Derrick Investment Company Request for Rezoning, Case No. ZC 96 14 <br /> 8.9. Derrick Investment Company Request for Conditional Use Permit, Case No. CU 96- <br /> 19 <br /> 8.10. Derrick Investment Company Request for Preliminary Plat Approval, Elk Run, Case <br /> No. P 96-9 <br /> City Planner Steve Ach indicated that the City Council is requested to consider <br /> the following applications: <br /> a. Rezoning of approximately 14 acres from R 1 c (single family residential) to <br /> PUD (Planned Unit Development) <br /> b. A preliminary plat request to subdivide approximately 17 acres into 11 <br /> single family lots and 14 townhome lots <br /> c. A conditional use permit request for site plan review of a proposed <br /> townhome project as a planned unit development. <br /> Steve Ach reviewed the staff report on these three applications. He indicated <br /> that staff is not in support of the rezoning request. Steve Ach indicated that staff <br /> would support the rezoning request if it were to include the four single family lots <br /> proposed for the southwest corner and modifications were made to the site plan <br /> 110 <br /> to respect the natural features along the southwest portion of the property. <br />