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<br />rei ~\.) <br />( )j <br />II~ <br /> <br />ITEM 8.2 <br /> <br /> <br />TO: <br /> <br />MAYOR AND CITY COUNCIL <br /> <br />FROM: <br /> <br />GARY SCHMITZ, ZONING ASSISTANT <br /> <br />G~~ <br /> <br />DATE: DECEMBER 20, 1993 <br /> <br />SUBJECT: CONDITIONAL USE PERMIT REQUEST BY <br />R.E.P. LTD (GARY SANTWIRE) OF ELK <br />RIVER/PUBLIC HEARING, CASE NO. CU <br />93-37 <br /> <br />ISSUE <br /> <br />This request is <br />Agreement for <br />and 2) site plan <br />school. <br /> <br />in two parts: 1) <br />Barrington Square <br />review for the <br /> <br />amend the PUD Development <br />to allow institutional uses; <br />Area Learning Center high <br /> <br />LOCATION OF REQUEST <br /> <br />251-8 Street (Lot 3, Block 1), Barrington Square (old City Hall <br />site) <br /> <br />ANALYSIS <br /> <br />e <br /> <br />The applicant has been operating a non traditional Area <br />Learning Center high school from 251-8 Street, since September <br />1993. The approved Development Agreement for this PUD allowed <br />seven types of uses, however, institutional uses was not one of <br />these. In order for this use to continue, an amendment to the <br />PUD Development Agreement and a site plan review are required. <br /> <br />Please refer to the attached memo to the Planning Commission <br />which explains these issues in greater detail. Also attached <br />are letters from the applicant and School District 728 <br />outlining the proposed use. At the Planning Commission meeting <br />staff was informed by the applicant that limited bus service is <br />available to the students of the Area Learning Center. <br /> <br />STATE BUILDING CODE ISSUE <br /> <br />e <br /> <br />Since the City has been informed about the change of occupancy <br />to an educational use, the City's Building Official has <br />contacted Mr. Santwire to inform him of the need to bring the <br />building into compliance with State building code. Attached <br />are three letters from the Building Official to Mr. Santwire <br />requesting information to address the outstanding building code <br />issues. As of December 16, 1993, Mr. Santwire has not <br />submitted for review the necessary informtaion. Therefore, <br />staff would recommend modifying condition #4 establishing a <br />deadline date of December 30, 1993, for the building to be <br />brought into compliance with the State Building Code. <br /> <br />P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 <br />