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<br /> <br /> <br /> <br />City Council Minutes <br />August 23~ 1982 <br />Page Five <br /> <br />implementing the language found in Ordinance 82-7 involves the adoption of a second <br />ordinance to amend the conditional uses permitted in the agricultural and residen- <br />tial zones. The City Administrator indicated that this amendment, Ordinance 82-8, <br />would amend Section 900.16 of the City's Zoning Ordinance dealing with conditional <br />uses. <br /> <br />Mr. Cliff Lundberg indicated that he felt the Zoning Ordinance should contain a <br />definition of accessory uses. Mr. Lundberg further indicated that the language <br />"a minimum of 600 feet from any residence" should be clearer. Mr. Lundberg indicated <br />that it was possible that a residence in an agricultural area could be considered an <br />accessory use. <br /> <br />General discussion was carried on regarding the addition of the word "neighboring" in <br />the language preceeding"residence or platted areas." Further discussion was carried <br />on regarding the minimum of 600 feet from a neighboring residence or platted area. <br /> <br />Mr. Dennis Krueger questioned the possibility of the placement of an accessory use <br />structure prior to a residential structure and how the Ordinance would apply. The <br />City Administrator indicated that the accessory use would require a conditional <br />use permit and the owners of the adjoining property would be notified of the public <br />hearing. Mr. Rick Breezee, Building and Zoning Administrator, indicated that a plot <br />plan would be submitted with the building plans for the Building Administrator to re- <br />view and that the conditional use would have to be approved by the City Council. <br />The City Administrator indicated that it was recommended that the City Council ap- <br />prove Ordinance 82-7~ dealing with accessory use setbacks and direct the City Plan- <br />ning Commission to consider Ordinance 82-8, dealing with permitted conditional uses. <br /> <br />COUNCILMAN DUITSMAN MOVED TO APPROVE ORDINANCE 82-7.AS AMENDED, WITH THE ADDITION <br />OF THE WORD "NEIGHBORING" PRIOR TO THE LANGUAGE, RESIDENCE OR' PLATTED AREA, AND TO <br />DIRECT ORDINANCE' 82.;,,8 TO THE PLANNING COMMISSION FOR THEIR REVIEW. COUNCILMAN TOTH <br />SECONDED' THE MOTION ~ . TH E MOTION PASSED 4-0. <br /> <br />8. Amendment to Zoning Ordinance Section 900.34 Dealing with Nonconforming Uses - <br />Public Hearing <br /> <br />The City Administrator indicated that over the past year, the City Council has been <br />presented with a variety of questions regarding nonconforming uses in the City of <br />Elk River and that the City's current Zoning Ordinance does not allow for flexibility <br />in the nonconforming use section. The City Administrator indicated that the City <br />Attorney has developed language, as presented in Ordinance 82-6, which would allow <br />the City Council to make certain findings that could possibly extend or intensify <br />the use of a nonconforming use. The City Administrator indicated that the noncon- <br />forming use ordinance amendment would provide the City Council with a vehcile to <br />grant variances for certain nonconforming use activities, and further indicated that <br />the ordinance requires that the Planning Commission and City Council make the five <br />findings contained in the City's variance section of the Zoning Ordinance as well as <br />the four additional findings contained in Ordinance 82-6, prior to allowing a non- <br />conforming use to be varied. The City Administrator indicated that the four con- <br />ditions in Ordinance 82-6 must tie in with the five standards required for a variance. <br />Mayor Hinkle indicated that the ordinance amendment came about due to the Dickenson <br />