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<br />. <br /> <br />. <br /> <br />. <br /> <br />Elk River Planning Commission Minutes <br />November 23, 1993 <br /> <br />Page 3 <br /> <br />1. <br /> <br />LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE <br />HARDSHIP BY NOT ALLOWING INDIVIDUAL OWNERSHIP OF EACH <br />WAS INTENDED WHEN THE DUPLEX WAS CONSTRUCTED. <br /> <br />UNNECESSARY <br />UNIT, WHICH <br /> <br />2. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONERS ACTION BUT <br />DUE TO A CHANGE IN CITY CODE. <br /> <br />3. <br /> <br />THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY <br />HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE <br />NEIGHBORHOOD WHEREIN THE PROPERTY IS SITUATED AND WILL <br />WITH THE SPIRIT AND INTENT OF THE ORDINANCE. <br /> <br />AFFECT THE <br />CITY OR THE <br />BE KEEPING <br /> <br />COMMISSIONER TACHE NY SECONDED THE MOTION. THE MOTION CARRIED 6-0. <br /> <br />COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF A CONDITIONAL USE <br />PERMIT FOR ZERO LOT LINE DEVELOPMENT BY WILLIAM SMITH, CASE NO. CU <br />93-38, CITING STAFF'S MEMO DATED NOVEMBER 23, 1993, AS FINDING OF FACT <br />WITH THE FOLLOWING CONDITION: <br /> <br />1. SITE VERIFICATION BY THE CITY BUILDING INSPECTOR INSURING THAT <br />BUILDING CODES FOR A ZERO LOT LINE STRUCTURE ARE MET. <br /> <br />COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. <br /> <br />7. <br /> <br />Consider a Conditional Use Permit Request by R.E.P. Ltd. of Elk River <br />(Gary santwire)/Public Hearing, Case No. CU 93-37 <br /> <br />Presented by Gary Schmitz. The applicant, represented by Gary <br />Santwire, requested a conditional use permit to amend the PUD <br />Developers Agreement for Barrington Square to allow institutional uses <br />and site plan review for the Area Learning Center high school at <br />251-8th Street, Elk River, MN. <br /> <br />Gary Santwire stated his concerns regarding landscaping requirements, <br />the term in staff's memo labeling the students "at risk," a joint <br />parking agreement, the barbed wire fence, and building code issues if <br />this is classified as an E occupancy. <br /> <br />Chairman Minton opened the public hearing. <br /> <br />Arlon Fuchs, 266 Elk Hills Drive, Elk <br />regarding landscaping and trees in the area. <br /> <br />River, MN, questioned staff <br />Mr. Schmitz responded. <br /> <br />There being no further comments from the public, Chairman Minton closed <br />the public hearing. <br /> <br />Commissioner Tveite arrived at this time (8:04 pm). <br /> <br />Commissioner Eberley commented on the parking and bussing in this <br />particular area and stated she did not see any parking problems. <br />Chairman Minton requested comments from the Commissioners regarding a <br />joint parking agreement. Mr. Santwire stated that a joint parking <br />agreement would be costly to prepare as there are several owners within <br />Barrington Square. Further, Mr. Santwire expressed concern regarding <br /> <br />