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<br />". <br /> <br />. <br /> <br />". <br /> <br />Planning Commission Minutes <br />October 22, 1991 <br /> <br />Page 5 <br /> <br />-------------------------- <br /> <br />where the person owns two contiguous nonconforming existing parcels. <br />When the owner sells them, the City does not get notified of the sale. <br />The shoreland ordinance states that the City should be notified. Staff <br />is recommending that the City adopt a policy to deal with nonconforming <br />lots both in and out of the shoreland district. Staff has talked with <br />Mr. Homuth and he feels setting a policy which defines when a <br />nonconformity should preclude building or selling is the appropriate <br />approach. Staff is recommending that this policy be adopted to keep <br />the City consistent with the administration of nonconforming lots. <br /> <br />Janelle Szklarski, Zoning Assistant, explained that the City applied <br />for some flexibility to what the State mandates regarding front yard <br />setbacks and height restrictions for structures in the shoreland. She <br />stated that the City did receive approval from the commissioner of the <br />DNR for these requests. <br /> <br />COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF <br />SECTION 904 TITLED "SHORELAND MANAGEMENT ORDINANCEII AS PRESENTED BY <br />STAFF AND THE DNR. COMMISSIONER SPOTTS SECONDED THE MOTION. <br /> <br />COMMISSIONER EBERLEY MOVED TO AMEND THE MOTION TO ALSO INCLUDE A <br />RECOMMENDING TO THE ELK RIVER CITY COUNCIL APPROVAL OF THE RESOLUTION <br />PRESENTED BY STAFF DECLARING THE CITY'S INTENT TO HAVE NONCONFORMING <br />SEPTIC SYSTEMS UPGRADED IN THE SHORELAND DISTRICT. THIS AMENDMENT ALSO <br />INCLUDED A RECOMMENDATION TO ACCEPT THE CHANGE PROPOSED BY STAFF <br />REGARDING THE SECTION THAT DEALS WITH THE 25% MAXIMUM IMPERVIOUS <br />SURFACE. FINALLY, THE AMENDMENT INCLUDES A RECOMMENDATION OF APPROVAL <br />OF STAFF'S PROPOSED POLICY FOR DEALING WITH NONCONFORMING LOTS. <br />COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> <br />A short recess was taken at this time. <br /> <br />7. Ordinance Amendment To Section 906 Titled. IIwild &. Scenic River <br />Mana~ement Ordinance" by the City of Elk River/P.H. <br /> <br />Janelle Szklarski, Zoning Assistant, stated that the City must add <br />Section 906 to its zoning ordinance which deals with the Wild and <br />Scenic River Management Ordinance. This ordinance will be deleted with <br />the proposed amendment to the shoreland ordinance. Staff is <br />recommending that the City adopt a separate section for the Wild and <br />Scenic River Management Ordinance as it would be easier to make <br />amendments to either district without affecting the other. Staff is <br />working wi th Ms. Fecht from the DNR in rewriting the Wild and Scenic <br />River Ordinance. <br /> <br />Vice Chair Nadeau opened the public hearing. There being no one for or <br />against this request, Vice Chair Nadeau closed the public hearing. <br /> <br />COMMISSIONER BISCHOFF MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL <br />OF THE ORDINANCE AMENDMENT TO ADD SECTION 906 "WILD AND SCENIC RIVER <br />MANAGEMENT ORDINANCE" AS OUTLINED IN STAFF'S MEMO. COMMISSIONER <br />VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br />