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06-28-1994 PC MIN
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06-28-1994 PC MIN
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City Government
type
PCM
date
6/28/1994
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<br />Planning Commission Minutes <br />June 28, 1994 <br /> <br /> <br />.r.;PJlrrfilu.~.~~.'lW.FD 'W~~ <br />! I I .~\ (~ <br />U llJ <br /> <br />Page 7 <br /> <br />. <br /> <br />Norm Volkers (applicant's father), 12700 Main St, Rogers, presented photographs <br />of the proposed site and discussed the request. <br /> <br />Chairman Tveite opened the public hearing. There being no comments from the <br />public, Chairman Tveite closed the public hearing. <br /> <br />Commissioner Kreger addressed the applicant explaining the variance process <br />and that an applicant must show hardship to be granted approval of a variance. <br />Commissioner Kreger further explained that he felt this request could not show <br />hardship. <br /> <br />COMMISSIONER KREGER RECOMMENDED DENIAL OF THE VARIANCE REQUEST TO <br />EXCEED THE MAXIMUM SIZE OF AN ACCESSORY STRUCTURE BY JASON VOLKERS, <br />PUBLIC HEARING, CASE NO. V 94-07, CITING STAFF'S MEMO AS FINDING OF FACT. <br />DENIAL IS RECOMMENDED BASED ON THE FOLLOWING FINDINGS: <br /> <br />1. THIS WOULD NOT CAUSE UNDUE HARDSHIP IN THAT MR. VOLKERS WILL STILL HAVE <br />THE ABILITY TO CONSTRUCT A 716 SQUARE FOOT DETACHED ACCESSORY BUILDING <br />FOR HIS MOTOR HOME AND TRACTOR. <br /> <br />2. PROPERTY OWNERS IN THIS AREA ARE ALSO SUBJECT TO THE SAME REQUIREMENTS <br />FOR ACCESSORY STRUCTURES, THEREFORE, THE SITUATION IS NOT UNIQUE TO THE <br />VOLKERS' PROPERTY. <br /> <br />. <br /> <br />3. <br /> <br />LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WILL NOT DEPRIVE <br />THE PETITIONER OF THE RIGHTS ENJOYED BY OTHER PROPERTIES IN THIS SAME <br />DISTRICT AND THAT THE TERMS OF THIS ORDINANCE FOR THE VARIANCE WILL NOT BE <br />KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. <br /> <br />COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. <br /> <br />.$.6.. ......(3p@;lcier(jp...#.ri1endment....tO...H"le...OeveJOQment...Pldh....and....COnditiOnol...Os@permit. <br />fOrsit@PldhReviewt:l\iRrausAndersoI""lIEPCl.FhJbIiCHeal'ina>eOseNo.ClJ94@4\ <br /> <br />Staff report presented by Steve Ach. Kraus Anderson requested an amendment <br />to the Development Plan and Conditional Use Permit for Site Plan approval of <br />Phase I relating to the Elk Park Center Commercial Planned Unit Development. <br /> <br />Mike Shields, Architect, reviewed the original development plan and illustrated <br />the proposed changes. <br /> <br />Chairman Tveite asked staff about the signage requirements. Steve Ach <br />responded. <br /> <br />Chairman Tveite opened the public hearing. <br /> <br />. <br /> <br />Geoffrey Jarpe, Attorney representing Scott Erickson, debated whether this <br />request should be considered at this time due to a question about the ownership <br />of the land and the partnership agreement. <br />
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