06-21-1982 CC MIN - Laserfiche WebLink

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City Council Minutes June 21, 1982 Page Ten Mr. Loecher, attorney representing the Axe1sons, indicated that Mr. Ray Noble re- quested a ~one change from residential to commerica1 in 1978 and was denied that request; therefore, he sold the property to the Axelson's as residential prop- erty. Mr. Loecher also indicated that the Axelson's did not receive notification of the ~one change from residential to 1-2. Mrs. Axelson indicated that they purchased the property in 1978 and received a building permit to alter and restore the structure and further indicated that the ~one change was made in 1980 and they are now, therefore, a nonconforming use and cannot add on to their existing structure. Mr. Bree~ee indicated that if the re~one request was granted, the Axelson's would still need a variance as their proposed addition would encroach upon the front yard setback requirements. Mr. Loecher indicated that the Axelson's neighbors did not receive notice for the public hearing regarding the Axelson's ~one change request. Mr. Don Schumacher, representative of Cretex and Elk River Concrete Products, indicated that as prop- erty owners of property along Upland Avenue, they did receive notice of the public hearing. The City Administrator indicated that as the present ~oning and land use map indi- cates, Upland Avenue is the natural buffer between the industrial ~oning and the residential ~oning and a re~oning of the Axelson property would meet the criteria for a spot ~one request. Mr. Martin Tracy, Chairman of the Planning Commission, indicated that the Planning Commission voted against the re~one request as the Planning Commission felt the request met the spot ~oning criteria and further indicated that the Planning Com- mission would like more flexibility in the dealing with nonconforming uses. The City Administrator indicated that the issue was the re~oning request and that the nonconforming use issue could be dealt with at a later date. Mr. Loecher again indicated that the Axelson's did not receive notice of the ~one change from single family residential to medium industrial. Mr. Dave Sellergren, the City Attorney, indicated that the public notice requirements were fulfilled by the City of Elk River and further indicated that no one individual resident has a vested right in the ~oning of the property. Councilman Toth indicated that the previous request in 1978 by Mr. Noble was to re~one the property to commercial. In 1980, the property was re~oned to medium industrial. Councilman Schuldt indicated that he agreed with the Planning Commission's argu- ment that the Axelson ~one change request met the criteria of spot ~oning. Coun~ cilman Schuldt further indicated that it is his belief that spot ~oning .is not in the best interest of the City and further indicated that there may be a way to deal with special problems regarding nonconforming uses but that he could not approve a spot ~one change request.