09-28-1982 PC MIN - Laserfiche WebLink

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Planning Commission Minutes September 28, 1982 Page T"\\I"o Mr. Walz indicated his displeasure with the City as they are essentially asking him to build his barn in the middle of his farm. Mr. Walz also indicated that this problem could also affect some of his neighbors if they ever wanted to build pole barns on their property. Chairman Tracy indicated the "uniqueness" of the problem. Chairman Tracy further indicated that this could be dealt with if the problem was unique to only one person; this probelm in discussion, however, was not unique to only one person seeing that it could apply to other people as well as Mr. Walz. It was the general consensus of the Planning Commission that the 600 foot require- ment be reviewed. MOTION BY COMMISSIONER GUNKEL, SECONDED BY COMMISSIONER PEARCE TO RECOMMEND DENIAL OF THE VARIANCE REQUEST BY ~ffi. RONALD C. WALZ, 9825 22lST. AVENUE m~, WITH THE PLAN- NING CO}WISSION TO REVIEW THE 600 FOOT REQUIREMENT, AND THE PROCEDURE OF THE CON- DITIONAL USE TO BE DISCUSSED. THE MOTION PASSED 4-0. 5. Consider Expansion of Nonconforming Uses (Charles Axelson) Chairman Tracy indicated that the Planning Commission is dealing with two issues: one, use and two, variance. Chairman Tracy further indicated this was the first time for this type of problem. A solution to this should be what is best for the City as a "\vhole. Rick Breezee indicated this was a very -complex situation. Rick Breezee further in- dicated tha~ the City adopted a land use plan for the reason of directional pur- poses. ~fhen a City adopts zoning maps, there will be nonconforming uses created. Rick Breezee asked Mrs. Balfanz if she had the information that was needed regard- ing the building she wishes to move to Elk River from Otsego Township. Mrs. Balfanz indicated that the Otsego building inspector indicated to her that the City of Elk River should check the building before it is moved, not the Township. Mrs. Balfanz further indicated that she was working with her attorney regarding the problem of expanding their home. Mrs. Balfanz also indicated that the Attorney General has told her:that he felt the City tvas \VTong in their method of notifying residents of a zone change, which would make their residence nonconforming and in that way unable them to change the building in any way by enlarging it. Rick Breezee indicated that in 90% of cases, ~ll Cities have to deal with nonconform- ing uses. Rick Breezee further indicated this situation was rare; there are no case histories dealing "\vith expanding of nonconforming uses:. Rick Breezee further indicated that when this amendment (with 9 standards) was first presented to the Planning Commission, staff thought it dealt with all nonconforming types. Rick Breezee indicated that if we leave the ordinance as is, the staff, in their inter- pretation, cannot approve nonconforming expansion. Rick Breezee further indicated the possibility of creating a separate section dealing with non~onforming uses. Rick Breezee also indicated he had talked with a few attornies and they indicated