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<br />. <br /> <br />. <br /> <br />. <br /> <br />Page 3 <br /> <br />Planning Commission Minutes <br />11/22/88 <br /> <br />7. Conditional Use Permit to Amend the Elk River Plaza PUD Agreement <br />(Offices) by Barthel's /Public Hearing <br /> <br />Barthel's submitted a letter withdrawing their request. <br /> <br />9. Variances for "Shores of Briarwood" by Ron Kuhn/P.H. <br /> <br />Ron Kuhn explained that they were requesting a number of variances and <br />felt that they meet the criteria for the variances. He further explained <br />four of the lots are proposed to be accessed by a cul-de-sac stubbing off <br />of 17Sth Avenue. He felt this was the best possible way to develop this <br />parcel of land. <br /> <br />Commissioner Fuchs questioned the high water mark. Steve Rohlf, Building <br />and Zoning Administrator explained that K1eiver's Marsh is designated as <br />a Natural Environmental Lake by the DNR. The lots as drawn on the plat <br />include a portion of K1iever's Marsh. Steve further explained that the <br />DNR refers to the Marsh as a lake and the City Ordinance identifies this <br />as a lake. <br /> <br />Commissioner Schroeder questioned the high water mark and asked if this <br />had been established. Mr. Schroeder did not feel comfortable voting on <br />this issue until the high water mark had been established. Steve Rohlf <br />said don't confuse the Flood Elevation with vrdinanry High Water Mark. <br />The DNR felt that the variance would be denied so they did not establish <br />the high water mark. <br /> <br />A long discussion was held regarding Kleiver's Marsh and how this would <br />affect one of the houses on the plat. <br /> <br />Chairman Kropuenske opened the public hearing. <br /> <br />Ron Langbehn of 10616 17Sth Aveune who lives across the lake was also <br />concerned about the high water mark. <br /> <br />Dennis Chuba was in favor of this request. Mr. Chuba felt this was a fine <br />development and felt Mr. Kuhn wanted to get the highest density <br />possible. Would like to see this pass, promote our City. <br /> <br />Jim Kline of 10638 17Sth Avenue questioned the 200 ft. setback from <br />shore. He was further concerned about high water mark. <br /> <br />Chairman Kropuenske closed the public hearing. <br /> <br />Steve Rohlf, B & Z Administrator suggested that the developer change <br />the configuration of the plat so there would not be so many variances. <br />He felt the plat would accommodate three lots more so than four <br />lots eliminating the flag shaped lot. Staff is not in favor of flag <br />shaped lots. <br />