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<br />. <br /> <br />. <br /> <br />. <br /> <br />Planning Commission Minutes <br />September 28, 2004 <br /> <br />Page 15 <br /> <br />Daryl Thompson, representing the applicant - stated that a dental office will occupy <br />approximately 4,000 - 6,000 square feet of the building, and another possible tenant is a law <br />office, and the use of the balance of the building is unknown at this time. <br /> <br />There being no further public comment, Chair Ropp closed the public hearing. <br /> <br />Commissioner Anderson asked where the additional required parking will occur. Mr. <br />Thompson stated that they will have a cross access parking agreement with Coborn's. <br /> <br />Commissioner Offerman stated that it appears to be a nice-looking building and that it <br />would be a good use of the space. Chair Ropp concurred. <br /> <br />MOTION BY COMMISSIONER ANDERSON AND SECONDED BY <br />COMMISSIOENR LEMKE TO RECOMMEND APPROVAL OF THE REQUEST <br />BY PHOENIX ENTERPRISES, LLC FOR A CONDITIONAL USE PERMIT TO <br />CONSTRUCT AN OFFICE/PROFESSIONAL BUILDING, WITH THE <br />FOLLOWING CONDITIONS: <br /> <br />1. ALL COMMENTS OF THE CITY ENGINEER ARE ADDRESSED <br />2. CROSS ACCESS AND PARKING EASEMENT ARE RECORDED <br />BETWEEN THIS PROPERTY AND COBORNS <br />3. THE DUMPSTER ENCLOSURE SHALL BE CONSTRUCTED OF THE <br />SAME MATERIALS AS THE BUILDING. <br />4. ALL LANDSCAPED AREAS SHALL BE IRRIGATED. <br /> <br />MOTION CARRIED 5-0. <br /> <br />5.11. Request by City of Elk River for Ordinance Amendment to Land Use Regulations Section <br />30-796 to clarify fencing requirements for pools. Public Hearing - Case No. OA 04-03 <br /> <br />Mr. Harlicker reviewed the existing and proposed ordinances to address fencing around <br />below and above ground pools. Staff recommends approval of the proposed ordinance as <br />explained by staff. <br /> <br />Commissioner Stevens asked if the "balloon-type" pools are addressed in the ordinance. Mr. <br />Harlicker stated they are not specifically addressed. The pool will need a fence or a lockable <br />gate/ladder, if the pool requires a building permit. <br /> <br />Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed <br />the public hearing. <br /> <br />MOTION BY COMMISSIONER ANDERSON AND SECONDED BY <br />COMMISSIONER LEMKE TO APPROVE THE CHANGES TO THE CITY OF <br />ELK RIVER'S ORDINANCE SECTION 30-796 REGARDING FENCING <br />AROUND POOLS AS PROPOSED BY STAFF. <br /> <br />Councilmember Motin suggested an amendment to require fencing at a minimum of 4 feet <br />above grade, since pools can be built into a hill. <br /> <br />MOTION BY COMMISSIONER ANDERSON AND SECONDED BY <br />COMMISSIONER LEMKE TO AMEND THE MOTION TO INCLUDE THE <br />