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<br />o <br /> <br />o <br /> <br />o <br /> <br />Planning Commission Minutes <br />August 23, 1983 <br />Page Five <br /> <br />had denied Mr. Baumgartner's request because they considered it a spot zone, and <br />the City Council also denied Mr. Baumgartners request; but felt that because of <br />the service road along the area, they felt some invest~gation should be made <br />regarding putting C-3 on that side of the area. <br /> <br />Rick Breezee indicated that he talked to Zack Johnson, the City Planner, and indi- <br />cated that Mr. Johnson had concerns regarding the stipulations put on the area <br />along.the western edge of highway 10 that it not be developed until the adequate <br />utilities were put out there, and also that Mr. Johnson had concerns with the <br />floodplain in the area. Rick Breezee further indicated that Mr. Johnson's final <br />recommendation was that the zone not be changed to C-3. <br /> <br />Chairman Tracy had concerns about the number of homes which would become nonconform- <br />ing in the R-lb area should the area be changed to C-3. <br /> <br />Rick Breezee indicated that he was concerned with how much area is appropriate for <br />C-3 zone, and how deep' should it be from the service road, and whether a zone <br />change put more people in a nonconforming situation. Rick Breezee also indi- <br />cated that this area is not serviced by sewer and water and that private systems <br />may createa possible problem with contamination with the river if commercial de- <br />velopment is allowed to happen. <br /> <br />Commissioner Hartman indicated that he felt in Mr. Baumgartners situation, there <br />would not be the problem as with other areas relating to sewer and contamination <br />to the river. <br /> <br />Chairman Tracy indicated that-he wuuld De opposed to the zone change. <br /> <br />Commissioner Hartman indicated that it might be good to move the C~3 from the <br />north side to the south side because of the access road, but that the only prob- <br />lem would be the same stipulation regarding service would have to be applied, and <br />Mr, Baumgartner probably could not afford these stipulations because the needed <br />utility services would have to go under Highway 10. <br /> <br />Commissioner Pearce indicated that he felt there should not be any more C-3 in <br />the area and felt he would be more inclined to change the two existing C-3 areas <br />to C-2. <br /> <br />COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL TO REZONE THE AREA SOUTH <br />OF HIGHWAY 10 FROM THE EXISTING C-3 TO C-2, AND ALSO TO REZONE THE PROPERTY SOUTH <br />OF HIGHWAY 10 AND WEST OF WACO STREET FROM C-3 TO R-lb. COMMISSIONER HARTMAN <br />SECONDED THE MOTION. THE MOTION PASSED 6-0. <br /> <br />It was the consensus of the Planning Commission that the area along Highway 10 <br />on the Western edge of Elk River north of Highway 10 remain as R-lb/Single Family <br />Residential and not be changed to C-3/Highway Commercial. <br />