06-23-1992 PC MIN - Laserfiche WebLink

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. . . Planning Commission Minutes June 23, 1992 Page 10 conditional use permit be that PUD agreement. This would still have to be recorded with the County. Vice Chair Eberley closed the public hearing. Commissioner spotts asked about the upgrading of Evans Rohlf stated that the City has no immediate plans for Avenue. Commissioner Spotts was further concerned with truck traffic entering and exiting the site for removal being brought into the site. Avenue. Mr. upgrading Evans the amount of of dirt or dirt Commissioner Minton stated that the City's parking ordinances requires 26 parking stalls, the applicant is only showing 24 parking stalls. Mr. Rohlf stated that all three units could not be used for professional offices (doctor or dentist offices) without coming back to amend his original conditional use permit or adding an additional two parking stalls. He further stated that he had talked to the petitioner and he was aware that he needs two more parking stalls if he were to use the building for professional office only. Vice Chair Eberley questioned when there are three parcels under different ownership, would this be subject to only one conditional use permit? Peter Beck, City Attorney stated that they would all be subject to the same conditional use permit, but the City would amend that portion as the use changes, such as in a shopping center. COMMISSIONER TVEITE MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BY DENNIS CHUBA TO CONSTRUCT AN OFFICE BUILDING ON PROPERTY LOCATED ON LOTS 4 AND 5, BLOCK 21, VILLAGE OF ELK RIVER CITING STAFF'S MEMO DATED 6/3/92 ALONG WITH THE FOLLOWING STIPULATIONS: 1. THAT DRAINAGE, SETBACKS, BUILDING DESIGN, LANDSCAPING, PARKING AND DRIVES ARE BUILT AS PROPOSED ON THE SITE PLAN. 2. THAT PRIOR TO RECORDING AN ASSOCIATION AGREEMENT, IT IS REVIEWED BY THE CITY ATTORNEY. THIS AGREEMENT MUST SPELL OUT WHAT RESPONSIBILITY LIES WITH WHOM REGARDING THE MAINTENANCE OF PARKING AND DRIVES, THE COMMON AREA, LANDSCAPING, AND UTILITIES. ALSO, THIS AGREEMENT MUST BE CLEAR THAT ALL THREE LOTS HAVE RIGHTS TO ACCESS THEIR LOTS WITH PARKING AND DRIVE AND UTILITIES. FURTHER, THE CITY MUST HAVE RIGHTS TO ACCESS WATER SHUT OFFS FOR THE VARIOUS LOTS. LASTLY, THE AGREEMENT MUST ASSURE THAT DISPUTES THAT COULD ARISE BETWEEN THE PROPERTY OWNERS WILL NOT INVOLVE THE CITY. 3. THAT THE CONDITIONAL USE PERMIT APPROVAL IS SUFFICIENT FOR A POD AGREEMENT. 4. THAT THE LANDSCAPING ALONG EVANS BE THE TYPE OF TREES THAT ARE SLOW GROWING SO AS NOT TO INTERFERE WITH THE UTILITY LINES.