5.1. PCSR 01-09-2007 - Laserfiche WebLink

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. Elk River Comprehensive Plan, nothing above was said about putting commercial development in residential neighborhoods (within 150ft on all sides). What has happened is, the Planning and Development Commission has ignored our Planning Report and is sending the City down the wrong direction. Or is the City Planners exempt from their own planning report? They are obviously cutting corners in order to make things work for the developer. Aldi's has another chain of stores called Trader Joe's which sells the higher quality foods which are more expensive., They know the difference does the City? Our images is discount everything place! See Comprehensive Planning report, that not the direction desired. During the Planning Commission meeting December 12, 2006, Jon Hempeheiterated that "Aldi's did an extensive marketing research report, that was 5 inches thick". This remark indicates to me that Elk River's "IMAGE" is a discount store, tattoos shop and Landry mat type of place.... whaaat???? Maybe this is what the Mayor whated? I hope Not! Here is another thought, below the the Elk River Comprehensive Planning Report states on Page 112 under "The future of Elk River" (revised on December of 2004): Image Issues Various elements combine to form community image. In using the Comprehensive Plan as a tool to enhance image, it is important to consider the issues that shape Elk River's image. The following questions help to frame planning related to image: . What factors establish Elk River's identity? . Should and/or how can the image of Elk River be improved in the minds of residents and non-residents? . How can the sense of "place" be enhanced? . Should neighborhoods be more clearly defined and identified? . How can the entrances (or gateways) to Elk River be more clearly identified? . Do the City, the business community, and School District market themselves effectively to existing and prospective residents (especially families)? . Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 2l6C.06, subdivision 14, when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. . Zoning Officer Appeals Local police do not enforce zoning ordinances. Instead, each city has a designated zoning administrator for enforcement, frequently part of a city's building code enforcement function. Therefore, a property owner cited for a zoning ordinance violation, e.g., operating a business in a residentially zoned area or building a loading dock too close to a street, can appeal to a BOARD