11-03-1980 CC MIN - Laserfiche WebLink

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November 3, 1980 Page F'our with the bulk of the property in question actually in Anoka County. The City Administrator indicated that .308 acres of the total 3.2 acres is located in the City of Elk River. The City Administrator indicated that the building occupying the property in question was previously the Kerr-McGee and the present owner wishes to continue that use, and further indicated that the property is presently zoned I-I of which service stations are not a permitted use, and as such, the property owner has requested a zone change to C-3 which does permit service stations as a permitted use. The City Administrator indicated that the City's ordinance specifies that when a non-conforming use is discontinued for a period of one year, that the use must be removed and discontinued permanently, and further indicated that if the Planning Commission and City Council grant a zone change, it will not be necessary for the use to be eliminated. The City Administrator further indicated that because the underlying land use is also light industrial, it is necessary for the City Council to change the Land Use Planning Map to correspond with the zoning change to C-3 if it is granted by the City Council. The City Administrator indicated that in the C-3 zoning district, the regulations for setbacks and lot sizes are as follows: lot size-one acre minimum, 50 foot width; front setback, 25 foot; side-yard setback, 20 foot; rear-yard setback, 40 feet, and the building as it is currently situated meets the front-yard setback, but does not appear to have the side-yard and rear-yard setbacks. The City Administrator further indicated that it is recommended that the City Council approve the rear and side-yard setbacks for the building in question, thereby allowing the building to remain in its present location and the use to continue in its present location. COUNCILMAN TOTH MOVED APPROVAL OF THE ZONE CHANGE FROM THE CURRENT I-I ZONING TO A C-3 ZONING FOR THE PROPERTY IN THE EXTREME SOUTHEAST CORNER OF THE CITY OF ELK RIVER CURRENTLY KNOWN AS THE KERR-MCGEE GAS STATION AND MOVED TO APPROVE THE LAND USE PLANNING MAP TO CORRESPOND WITH THE ZONE CHANGE TO C-3 AND MOVED APPROVAL OF THE REAR AND SIDE-YARD SETBACK VARIANCE FOR THE BUILDING IN QUESTION. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Barton Contracting Conditional Use Permit Request for Gravel Extraction Mr. Jerry Duffy, attorney for Barton Contracting, was present to request a twenty-five year conditional use permit and a mineral extraction permit for Barton Contracting. for the purpose of extracting gravel in the City of Elk River. Mr. Jerry Duffy indicated that the request for the conditional use permit for a twenty-five year period was to be assured that the zoning would not change and further indicated that Barton Contracting would work with the City Administrator and City Attorney regarding the specific terms and conditions of the conditional use permit and the mineral extraction permit. Mr. Duffy indicated that it was proposed that permanent buildings and driveways with screening would be planned for the area involving the mineral extraction. Mayor Madsen indicated that the Planning Commission recommended approval of a conditional use permit for a twenty-five year period with the stipulation that the provisions of the mineral extractional ordinance be included as a condition oj the conditional use permit. Councilman Engstrom questioned the plans for a hot-mix plant. Mr. Duffy indicated that is was possible that Barton Contracting may provide a portable plant for resurfacing of local area roads. COUNCILMAN DUITSMAN MOVED TO GRANT APPROVAL OF THE CONDITIONAL USE PERMIT FOR A PERIOD OF 25 YEARS SUBJECT TO BARTON CONTRACTING AND THE CITY OF ELK RIVER NEGOTIATING THE SPECIFIC TERMS AND CONDITIONS TO BE INCLUDED IN THE CONDITIONAL USE PERMIT. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0.