05-28-1985 PC MIN - Laserfiche WebLink

Home Browse Search

Planning Commission Minutes Tuesday, May 28, 1985 Page Two Mr. Rick Breezee,of Building and Zoning stated that the zoning was changed in 1980 for that area, and that Mr. Crispin had bought the motel in 1984. Mr. Crispin stated that none of the previous property owners were aware of the zone change and he was not aware of the zone change either before he purchased the motel. Rick Breezee indicated that the City's present ordinance does allow remodeling up to 25% of the assessed valuation such as residing, reshing1ing, replacing doors and windows etc. Rick Breezee further indicated that presently the Elk River Zoning Ordinance does state that nonconforming uses such as Mr. Crispin's can be allowed to exist in any district. however, if a use is destroyed to a point that exceeds 50% of its assessed market value it shall not be restored except in conforming with the regulations of the present zoning ordinance. Commissioner Temple stated that she felt that by approving the ordinance amendment it would be opening up all R-l zoned areas to motels. Mr. Crispin stated that if the City does not want the motel they should do as it is done in the City of Minneapolis, which is buy the motel from Mr. Crispin. Mr. Crispin stated that if there is a loss or casualty he will be out of business. Chairman Tra11e opened the public hearing. There was nobody for or in opposition of the request. Chairman Tra11e closed the public hearing. Commissioner Wilson indicated that Mr. Crispin being a nonconforming use puts him in the situation he is in and further stated that he felt the Planning Commission has no choice but to deny the request. COMMISSIONER WILSON MOVED TO RECOMMEND TO THE CITY COUNCIL TO DENY THE ORDINANCE AMENDMENT REQUESTED BY MR. DON CRISPIN TO ALLOW MOTELS IN R-1C ZONING DISTRICTS. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 6-0. 12. Ordinance Amendment by Mr. Edward Shimek Mr. Ed :Shimek was present and indicated that he was presently made an offer for the purchase of a produce market which has been established east of Elk River on Highway 10 across from the Ak-Sar-Ben Nursey. Mr. Shimek indicated that he made the offer on a Contract for Deed with the condition that produce markets would be allowed as a permitted use on highway commercially zoned property. Mr. Shimek indicated that he would be selling produce and along with that he would also be selling bedding plants. Chairman Tralle opened the public hearing. There was no one for or in opposition of the ordinance amendment request. Chairman Tra1le closed the public hearing. Commissioner Wilson questioned the legality of applying for an ordinance amendment for property which a person does not actually own. Rick Breezee indicated that as long as a purchase agreement has been signed with the intention of purchasing the property, the request can be looked at.