09-28-1993 PC MIN - Laserfiche WebLink

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Elk River Planning Commission Minutes September 28, 1993 Page 4 . 1. THE COLOR AND MATERIAL OF THE ACCESSORY STRUCTURE MATCH THE EXTERIOR OF THE EXISTING HOUSE. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 9. Consider a Variance to Side Yard Parking Setback by Dennis Chuba/ Public Hearing, Case No. V 93-07 Staff report presented by Steve Ach. The applicant, Dennis Chuba, requested a variance to the required 10 foot side yard parking setback. The Chuba Company is proposing to construct an office building using a shared parking arrangement between an existing office building and this proposed building. Because the proposed parking area would abut the common property line between the two office buildings, no setback would be maintained and a variance is required. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. Steve Ach explained that there is some congestion along Evans Street and, hopefully, the increased parking from this proposal would alleviate the congestion along Evans. . COMMISSIONER SPOTTS MOVED TO RECOMMEND APPROVAL OF THE VARIANCE REQUEST BY DENNIS CHUBA, CASE NO. V 93-07. HARDSHIP IS CREATED DUE TO THE PHYSICAL CONDITION OF THE BUILDING DUE TO THE COMMON PROPERTY LINE. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE A CHANGE IN PROJECT DESIGN, WHICH IS NOT DESIRABLE. THE PROPOSED PROJECT IS UNIQUE BECAUSE IT IS BEING DEVELOPED BY THE SAME CONTRACTOR THAT BUILT THE EXISTING OFFICE BUILDING. LITERAL APPLICATION OF PROVISION OF THE ORDINANCE WOULD PREVENT COMPLIMENTING DEVELOPMENTS WITH SHARED PARKING ARRANGEMENTS. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, AND WELFARE OF NEIGHBORS AND RESIDENTS. THE REQUEST IS IN KEEPING WITH THE SPIRITUAL INTENT OF THE ORDINANCE AND IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN. THE REQUEST DOES MEET THE FIVE STANDARDS OF VARIANCE. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 10. Consider a Conditional Use Permit Request by John Weicht & Assoc. Along With Plaisted Investments/Public Hearing, Case No. CU 93-32 Staff report presented by Steve Ach. The applicant, John Weicht representing Saxon Motors, requested a conditional use permit to operate an automobile sales lot along with associated automobile repair. . Regarding the conditions in staff's memo, John Weicht stated that currently there were no billboards on the property, the process of obtaining permits from MPCA (MN Pollution Control Agency) is in process, and that there are two areas the applicant would like eliminated from the curb and gutter requirements. Chairman Minton opened the public hearing.