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<br />Planning Commission Minutes Page 8 <br />September 27, 1994 <br /> <br />. <br /> <br />1. <br /> <br />LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE <br />UNNECESSARY HARDSHIP BY NOT ALLOWING THE APPLICANT TO <br />CONSTRUCT A DECK IN A REASONABLE LOCATION ON THE PARCEL. <br /> <br />2. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONERS ACTION BUT <br />DUE TO THE PLATTING OF THE PROPERTY PRIOR TO THE SHORELAND <br />ORDINANCE. <br /> <br />3. GRANTING THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT <br />THE HEALTH SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF ELK <br />RIVER OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED. <br /> <br />4. ONLY ONE OF THE ENCLOSED STRUCTURES BE ALLOWED TO LIMIT THE <br />VISUAL IMPACTS FROM PINTAIL POND. <br /> <br />COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6- <br />o. <br /> <br />5]if&:5MJ:::::]jo.niljaeli/GBmgrehenSl:v~M:mancttuse::pjaH::t:Ame.name.nt;:t]tetBHlng~/%i:iMj: <br />.............. ...ilil:I~I~rllllll.J.~II~il~lr~I'~II;tj!!!!I;;fl!illl~~~~~!!!]~!;I.illl~III!~:!:I'~~.i:~~i:! <br /> <br />. <br /> <br />Staff reports presented by Steve Ach. Riverside Development requested a <br />comprehensive land use plan amendment changing the land use from MR <br />(Medium Density Residential) to HB (Highway Business), rezoning from R1c <br />(Single Family Residential) and PUD (Planned Unit Development) to C3 <br />(Highway Commercial), and a request to plat approximately seventeen (17) <br />acres into one commercial lot and two outlots. <br /> <br />Jeff Gongoll, Riverside Development addressed the Planning Commission <br />regarding the three (3) requests. <br /> <br />Chairman Tveite opened the public hearing for the land use plan amendment <br />request and the rezoning request. There being no comments from the public, <br />Chairman Tveite closed the public hearing. <br /> <br />Planning Commission discussion included: zoning; plat boundaries; ridge; <br />easement. <br /> <br />COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE LAND USE <br />PLAN AMENDMENT REQUEST BY RIVERSIDE DEVELOPMENT COMPANY, PUBLIC <br />HEARING, CASE NO. LUA 94-7, CITING STAFF'S MEMO AS FINDING OF FACT. <br />APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: <br /> <br />1. EXTENDING THE COMMERCIAL LAND USE ALONG HIGHWAY 169 FURTHER <br />SOUTH TO INCLUDE THE REMAINING UPLAND AREA IS A LOGICAL <br />EXTENSION. <br /> <br />2. <br /> <br />THE LAND USE PLAN AMENDMENT WILL NOT HAVE A DETRIMENTAL AFFECT <br />ON SURROUNDING PROPERTIES. <br /> <br />. <br />