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• Issues <br /> The City's Comprehensive Plan and the DNR's version of the Wild and Scenic River <br /> Ordinance are at odds in the two following areas: <br /> 1. Commercial <br /> Two areas of the city that are zoned commercially and contain existing commercial <br /> development are non-conforming due to the Wild and Scenic River Ordinance and <br /> District Boundary. This non-conforming status affects approximately forty <br /> businesses within the city limits. <br /> The first area is our historic downtown south of Main Street(Map#1). Obviously <br /> this area contained commercial uses decades before the Wild and Scenic River Act <br /> was ever conceived. Since the Wild and Scenic River Ordinance does not allow <br /> commercial uses in the Wild and Scenic River District, staff is proposing a boundary <br /> change to alleviate the problem in this location. The closest business is fifty feet from <br /> the River in the downtown area. Staff's proposed Wild and Scenic River District <br /> Boundary through Section 34, Township 33, Range 26 is forty feet from the Ordinary <br /> High Water Mark. <br /> The other area is along east Highway 10, affecting business like Elk River Ford and <br /> Houle Oil (Map #2). These businesses were also in existence prior to the Wild and <br /> Scenic River Act. In addition, a highway with over 20,000 car per day traveling on it <br /> • lies between these businesses and the river. Again, staff is proposing a boundary <br /> change to alleviate the problem. The existing boundary arbitrarily followed section <br /> lines to make the metes and bounds legal easier to describe. For example NAPA <br /> Auto is outside of the District, but the Chin Yeun Restaurant is in the District. Staff's <br /> proposed boundary follows the top of a steep wooded ridge approximately '/4 mile off <br /> of the river through portions of Sections 2, 3, 10, & 11, Township 32, Range 26 (see <br /> attached aerial photos). <br /> Staff's proposed boundaries are logical. Even the DNR Officials who visited these <br /> sites agreed. The Wild and Scenic River District was suppose to consider preexisting <br /> uses in the first place. The attached zone change accommodates two these <br /> boundary changes (Case#ZC 99-4). <br /> As a further protection for the river, staff is proposing that commercial development <br /> within fifty feet of the new proposed boundary in the East Highway 10 area requires <br /> approval of a conditional use permit. As a conditional use, issues like tree removal, <br /> signs, lighting, parking, etc. can better be addressed, without writing a extremely <br /> complicated and lengthy ordinance. This ordinance amendment is attached (Case <br /> #OA 99-11). <br /> 2. Residential <br /> • The City's Comprehensive plan is at odds with the DNR's model Wild and Scenic <br /> River Ordinance in two respects residentially. First, the DNR's version allows rural <br />