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<br />Planning Commission Minutes <br />January 26, 1999 <br />Page 6 <br /> <br />. <br /> <br />Terry Maurer indicated that if the county has already approved the driveway, the <br />city would consent to the location. <br /> <br />Harry Stevens, representing the st. Louis Park Sportsmans Club, distributed a letter <br />regarding their concerns the new plat may have on the shotgun range at the <br />gun club. Mr. stevens referenced Section 404.12.2(b) and Section 404.12.(c) of <br />the City of Elk River's ordinance which prohibits the discharge of dangerous <br />weapons within five hundred feet of any building or the boundary of any platted <br />area. He explained that the range is located 250 feet from the property line of <br />the proposed Outlot A, and homes could potentially be as close as 300 feet from <br />the shotgun range. Mr. Stevens indicated he is unclear as to whether or not <br />Outlot A is considered "platted" at this time, or, when it is subdivided into <br />buildable lots. He suggested that a means be established to notify potential <br />homeowners of the location of the shotgun range. <br /> <br />Chair Cote questioned who would decide this issue. Scott Harlicker indicated <br />that the City Council would ultimately make the decision. Chair Cote further <br />questioned if it would be possible to implement some type of notification which is <br />tied to the property for future property owners. Scott explained that the city <br />attorney previously advised against such a procedure on a different issue, <br />because of the possibility the city may have some liability. <br /> <br />. <br /> <br />Commissioner Kuester questioned whether or not Outlot A will be considered <br />platted. Scott indicated an interpretation from the police department is needed <br />to make a determination on the intent of the ordinance. <br /> <br />Mr. Stevens explained that all the other ranges within the gun club are well within <br />the minimum five hundred feet. Commissioner Chambers asked what direction <br />the range faces. Mr. Stevens stated the gun range faces northward. <br /> <br />Commissioner Thompson felt it was not appropriate to add a condition regarding <br />a waiver or official notification without an opinion from the city attorney. Chair <br />Cote suggested the following recommendation to the City Council: <br /> <br />- Consider a waiver of Section 404.12. (b) <br />- That staff determine appropriate measures to adequately notify future property <br />owners of the St. Louis Park Sportsmans Club, in order to address the Elk River <br />Firearms Ordinance Section 404.12.3 (c) <br /> <br />There being no further comments from the public, Chair Cote closed the public <br />hearing. <br /> <br />COMMISSIONER THOMpSON MOVED THAT THE PLANNING COMMISSION <br />RECOMMEND APPROVAL OF THE REQUEST BY ART PETERSON FOR PRELIM NARY PLAT <br />APPROVAL OF STAR LIGHT ESTATES, PUBLIC HEARING CASE NO. P 99-3, WITH THE <br />FOLLOWING CONDITIONS: <br /> <br />1. AT THE TIME THE STREET TO SERVICE OUTLOT A IS CONSTRUCTED, THE CURRENT <br />COMBINED ACCESS TO LOT 1 AND TRACT A FROM COUNTY ROAD 32 BE <br />ELIMINATED AND ACCESS BE PROVIDED FROM THE NEW CITY STREET. <br /> <br />. <br /> <br />2. ALL COMMENTS OF THE CITY ENGINEER AND THE COUNTY ENGINEER BE <br />