06-17-1985 CC MIN - Laserfiche WebLink

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~ City Council Minutes June 17, 1985 Page Three Councilmember Gunkel indicated that perhaps the request could be processed as a conditional use permit. Mr. Shimek indicated that he was very aware of City government procedures and the conditional use process, and that he felt the conditional use process was to lengthly and restrictive. He further expressed his concern that conditional uses were granted for a specific time period and a City Council in the future may feel differently and restrict his use of the property. He further indicated that if the ordinance amendment to allow the produce market as a principal use were not approved, he was not interested in the property and would withdraw his offer to purchase it. He further stated that in order to make a living from the business, he would need to improve and expand it. Councilmember Williams indicated that he did not see the conditional use process as tough. Mr. Shimek indicated that he felt the request was compatible with the nursery, Ak-Sar-Ben which was located across the road. Councilmember Engstrom indicated that it was his feeling that what Mr. Shimek was proposing was a year around type operation and would be less objectional when compared to a seasonal operation such as Ak-Sar-Ben. He further stated that he was in favor of the request. Discussion was carried on regarding the reqest being brought up as a conditional use rather than a principal use to place controls on such an operation. Mayor Hinkle expressed his concern that if every request that came in were required to be as a conditional use, it would discourage businessess to come to Elk River. Councilmember Gunkel and Schuldt again expressed their concern over the Wohlner property and questioned whether the zoning ordinance would prevent the same situation from occur- ing in the C-3B Zoning District. Rick Breezee indicated that Mr. Shimek wouldihave to comply with the City's nuisance ordinance and the State Building Code requirements. Councilmember Schuldt questioned whether or not what Mr. Shimek was proposing could be considered a nursery, which would be a permitted use in the C-3B zone. Commissioner Tralle indicated that Mr. Shimek felt his proposed business would be more related to a produce market-type operation. COUNCILMEMBER GUNKEL MOVED TO RECONSIDER THE SHIMEK ORDINANCE AMENDMENT REQUEST. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 5-0. COUNCILMEMBER GUNKEL MOVED TO APPROVE ORDINANCE 85-8, AN ORDINANCE AMENDING SECTION 900.12, SUB. 9 OF THE CITY OF ELK RIVER'S ZONING ORDINANCE, TO ALLOW PRODUCE MARKETS AS PRINCIPAL USES IN THE C~3B HIGHWAY COMMERCIAL ZONING DISTRICT. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 5-0.