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<br />Planning Commission Minutes <br />November 22, 1994 <br /> <br />Page 2 <br /> <br />--------------------------- <br />--------------------------- <br /> <br />. <br /> <br />4.PI(]nffiiffiq@()rnrni$s@rlRe~r~s~~t(jtiv~t<5~#~~~lgI19/9#citVC%)qry<3iltv\e~tlffi9H <br /> <br />Commissioner T acheny will attend the December 19, 1994 City Council Meeting <br />at the Elk River City Hall. <br /> <br />0.1..,.. <.........ch@wl...prbehIi8Hk@dGest.tbt.Vdrld8ce,...PObliC..Hedtlffid,...CdS@Nb...V..94-].4...................... <br /> <br />Staff report by Steve Ach. The applicant, Cheryl Froehlich, is requesting a 1.03 <br />acre lot area variance to the minimum lot size of 10 acres for the A 1 (Agricultural <br />Conservation) zoning district. The property is located at the northwest corner of <br />County Road 24 and 213th Avenue. Mr. Alvin Froehlich wishes to deed 5.13 acres <br />from his 15.13 acre parcel to Cheryl Froehlich, leaving Mr. Froehlich with a 10 acre <br />parcel. Steve Ach stated that the administrative subdivision process allows for this <br />type of lot split, however, this 10 acre parcel includes 1 .03 acres of right-of-way <br />which cannot be included in the lot area. Therefore, a lot area variance would <br />be required as part of the certificate of exemption from subdivision regulations. <br />Steve explained that this request is similar to other requests reviewed by the <br />Planning Commission in this particular area and staff feels that the intent and <br />findings support their recommendation to approve the request. <br /> <br />Cheryl Froehlich stated that the reason the parcel is less than 10 acres is because <br />of the road right-of-way on two sides, since it is located on a corner. <br /> <br />. <br /> <br />Vice-Chair Kuester opened the public hearing. There being no comments from <br />the public, Vice-Chair Kuester closed the public hearing. <br /> <br />COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY <br />CHERYL FROEHLICH, PUBLIC HEARING, CASE NO. V 94-14, FOR A VARIANCE TO THE <br />MINIMUM LOT SIZE STANDARD OF 10 ACRES IN THE A1 (AGRICULTURAL) ZONING <br />DISTRICT, DUE TO THE RIGHT-OF-WAY NOT BE INCLUDED, BASED ON THE FINDINGS <br />OF FACT OUTLINED IN STAFF'S MEMO DATED NOVEMBER 22, 1994, AS FOLLOWS: <br /> <br />1. THE INTENT OF THE MINIMUM LOT STANDARDS SET FORTH IN THE A-1 ZONING <br />DISTRICT IS TO ALLOW LARGE LOT 10 ACRE SUBDIVISIONS, WITH A DENSITY OF 4 <br />UNITS PER 40 ACRES. LITERAL ENFORCEMENT OF THE LOT AREA REQUIREMENTS, IN <br />THIS PARTICULAR CASE, WOULD GO BEYOND THE INTENT OF THE ORDINANCE. <br /> <br />2. LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT <br />FULL USE OF THE PROPERTY WHILE KEEPING WITHIN THE INTENT OF THE ORDINANCE. <br /> <br />3. THE VARIANCE WILL HAVE NO IMPACT OR ADVERSELY AFFECT THE HEALTH, <br />SAFETY, OR WELFARE OF THE COMMUNITY, AND WILL BE KEEPING WITH THE SPIRIT <br />AND INTENT OF THE ORDINANCE. <br /> <br />COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> <br /> <br />. <br /> <br />Staff report by Steve Ach. Dovolis Johnson and Ruggieri, Inc. is requesting a <br />conditional use permit for site plan review of a 2,000 square foot Class II restaurant <br />with a drive-through in Elk Center Planned Unit Development (PUD). Steve <br />