03-31-1987 PC MIN - Laserfiche WebLink

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. . . PAGE 12 Planning Commission Minutes March 31, 1987 Mrs. Joyce Shernell was present to request an Ordinance Amendment to allow auto repair and used car sales in a C- 3B/Highway Commercial zone. Mrs. Shernell is the present owner of D.J.'s Auto Sales which is a grandfathered in non-conforming used car sales. Mrs. Shernell states that she owns two lots, one of which she would like to sell. Stephen Rohlf stated that there is no recommendation at the staff level because an issue such as this is based on opinion. Mr. Rohlf stated that Staff does have a problem with the C-3B zone because, even though it is a commercial zone, it is very restrictive. Also, of concern is the "corridor" affect that is being established as you enter Elk River along Highway 10. Mr. Rohlf stated that he received only one comment which came from E.H. Renner and Sons. They acknowledged receipt of the notice for a public hearing and responded by stating that they saw no problem with the request. Commissioner Kimball questioned the sale of the lot and the continuation of a non-conforming use. Mr. Rohlf explained that one lot is currently being used while the other lot is empty. Commissioner Highway 10 controlled. Fuchs showed concern with the current used car lots along becoming junk yards and questioned how this can be Mr. Rohlf stated that conditional uses are the control. Chairman favoring hearing. Wilson opened or opposing public request, the this hearing. There being no comments Chairman Wilson closed the public Chairman Wilson questioned whether or not Mrs. Shernell can sell the business as grandfathered in with the owners continuing use. Stephen Rohlf stated yes, the use can be continued. There are three factors which would prevent continuous use: 1. Fire, flood or act of God destroying the use more than 50%. 2. Passage of an intern period of more than one year. Amortization period - 40 years from the date of the ordinance which is the year 2020. COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE OIIDINANCE AMENDMENT TO ALLOW USED CAR SALES AND REPAIR SHOPS WITHIN A a-3D/HIGHWAY COMMERCIAL ZONE. COMMISSIONER FUCHS SECONDED THE MOTION. Commissioner Temple stated her dislike for the "strip" effect along Highway 10 and feels that this should be reversed, not encouraged. Commissioner Mortion explained that with the Ordinance Amendment it would give the Planning Commission control of future development.