10-05-1981 CC MIN - Laserfiche WebLink

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. ~ October 5, 1981 Page Four COUNCILMAN SCHULDT MOVED TO APPROVE RESOLUTION 81-43, A RESOLUT:rON VACATING A DRAINAGE.AND.UTILITY.EASEMENT.IN.THE.BARRINGTON.PLACE.SUBDIVISION. COUNCILMAN ENGSTROM SECONDED THE MOTION. .THE.MOTIONPASSED 4~0. 8. Vacation of Freeport Avenue Street Easement - Public Hearing Mayor Hinkle indicated that Mr. Gene Kreuser has requested that the City of Elk River vacate a street easement formerly known as Freeport Avenue between 3rd Street and Main Street, as the street is not utilized by the City for street purposes and would be both impractical and improbable for the City of Elk River 1Jo utilize this easement at a future date for street construction. Mayor Hinkle declared the public hearing open. There being no persons wishing to address the usbject, Mayor Hinkle closed the public hearing. COUNCILMAN DUITSMAN MOVED 'fO ADOPT RESOLTUION 81-42, A RESOLUTION VACATING THAT PART OF FREEPORT AVENUE LYING SOUTH OF THE SOUTH LINE OF 3RD STREET AND NORTH OF THE NORTH LINE OF MAIN STREET IN THE CITY OF ELK RIVER. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PAS SED 4-0. 9. Kirkeide Rezoning Request - Public Hearing The City Administrator indicated that Mr. Kirkeide had requested that the City of Elk River rezone a piece of property located at 173rd Avenue and Highway fllO from its present zoning of C-3, Highway Commercial, to an A-I, Agricultural Con- servation zone. The City Administrator further indicated that Mr. Kirkeide proposes to build a home on the approximately 3 buildable acres of a total of 13 acres which he plans to purchase in the area. The City Administrator indicated that the current ownership patterns in the area makes the piece of property which Mr. Kirkeide pro- poses to buy impractical to use as C-3, Highway Commercial at the present time, because it is far removed from the highway. However, in the event an individual purchased both Mr. Kirkeide's piece of property as well as the property adjacent to and fronting on Highway #10, the resulting total piece of property would be a desirable piece of property for Highway Commercial purposes. The City Administra- tor indicated that the Planning Commission at first voted to deny the rezone re- quest, but the motion failed for lack of a majority, and after additional discus- sion, the Planning Commission voted to approve the rezone request with a vote of 2...1-1. The City Administrator further indicated that City staff and the city plan- ner have reviewed the rezone request and have recommended that it be approved for rezoning as Agricultural Conservation, since the property is too far removed from Highway #10 to be used practically as a Highway Commercial zone, and there is no indication that ownership patterns will change to allow the property to be used effectively as Highway Commercial. Mr. Kirkeide expressed his interest in buildIng a residential home on the approxi- mately 3 buildable acres, which is fully wooded and overlooking the river, and further indicated that he did not feel his intent for the use of the property would convlict with the commercial usage of the adjoining properties. Mr. Ronald Benson, property owner adjacent to the property in question, expressed his concern of down-zoning his property. Mr. Mapson, another property owner in