09-22-1992 PC MIN - Laserfiche WebLink

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Elk River Planning Commission Minutes September 22, 1992 Page 4 . Janelle Szklarski, Zoning Assistant, introduced this item. She stated that Tailwind Trailers is requesting a conditional use permit for their trailer sales lot located at 9784 Highway 10. Currently, Tailwind Trailers is operating without a conditional use permit. Tailwind Trailers is planning to expand their use by adding some more buildings to the lot. Ms. Szk1arski briefly summarized her memo to the Planning Commission dated September 17, 1992, which outlined several issues related to the request. Acting Chair Johnson opened the public hearing. Cheryl meaning stated display Atkins, Tailwind Trailers, of stipulation #5 outlined in that this stipulation places of trailers on the lot. stated that she was unsure of the staff's memo. Ms. Szklarski restrictions on the storage and . Tom Baillargeon, 9744 Highway 10, stated that he owns property to the east of Tailwind and that he has a 40 foot easement across Tailwind's property to be used for access to his property. He stated that if MnDOT ever removes his direct access to Highway 10 he will need this easement or his property would be landlocked. He also stated that frequently the easement is obstructed by the display of trailers, parking of vehicles, unremoved snow, etc. Mr. Baillargeon also stated that frequently customers come in larger vehicles, therefore, he felt larger parking stalls were needed than what was shown on the site plan. Ms. Atkins stated that they have always kept the road easement free of obstructions, so Mr. Baillargeon should not have a problem getting to his property. She further stated that Tailwind does pay for snow removal within this easement. Ms. Atkins also stated that they realize that their parking situation is not adequate and that they are before the Planning Commission to bring their use up to code. There being no further comments from the public, Acting Chair Johnson closed the public hearing. Commissioner spotts questioned the City's role in preventing encroachments or obstructions within the easement. Ms. Szklarski commented that the easement is a private easement between three parties and that it is not in favor of the City. Commissioner Minton stated that he felt that it was a legal matter that would need to be resolved between the private parties. Commissioner VanValkenburg questioned the City's right to put restrictions on the private easement. Steve Rohlf stated that because it is a private easement, it is not a City issue. Mr. Rohlf stated that he thought it was proper for the City to dictate that a drive remain open. other than that, it should be treated as a private issue. . Acting Chair Johnson questioned what happened after the conditional use permit was denied in 1989. Ms. Szklarski stated that because Tailwind Trailers did not make any changes to their site, they were grandfathered-in.