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Planning Commission Minutes April 10, 2007 Page 2 Commissioner Scott asked if the applicant was the property owner. Mr. Leeseberg stated yes. Commissioner Westgaard questioned the 25-foot setback in condition #3. Mr. Leeseberg stated that the setback is 15 feet larger than is usually required, to preserve the trees. He stated that he has discussed this condition with the applicant. Richard Kurth, applicant -Stated he has no intention of removing the trees and will move the setback even further if needed, to preserve the trees. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY RICHARD KURTH (BROADWAY PIZZA) TO AMEND AN EXISTING CONDITIONAL USE PERMIT, WITH THE FOLLOWING CONDITIONS: 1. THE 40' X 56' BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE 40' X 56' BUILDING SHALL BE USED FOR STORAGE PURPOSES ONLY. 3. THE 40' X 56' BUILDING SHALL BE SETBACK 25-FEET FROM THE WEST PROPERTY LINE. 4. NO EXISTING TREES ALONG THE WEST PROPERTY LINE SHALL BE REMOVED WITH THE CONSTRUCTION OF THE 40' X 56' BUILDING. 5. THE MASONRY WAINSCOTING SHALL ONLY BE APPLIED TO THE NORTH, EAST AND SOUTH SIDES. MOTION CARRIED 6-0. 5.2. Request by City of Elk River for Ordinance Amendment to Section 30-1006 -Dimensional Regulations - To Revise Minimum Lot Size for R2A Zoning District. Case No. OA 07-04 - Public Hearin Planner Chris Leeseberg explained that staff has an open application for a zone change for a lot that was previously two lots. The applicant wishes to convert the R2a-zoned property back to two lots, but current minimum lot size ordinance requirements prevent it. Staff has no issues with the request, since the lot size requested fits the character of the neighborhood. Mr. Leeseberg explained that the majority of the lots in the R2a zoning district are non-conforming. He stated an ordinance amendment was suggested to reduce the lot sizes of all lots in the R2a district, and the HRA was asked for their comments. The HRA concurred that an ordinance amendment was preferred, rather than a rezoning. Mr. Leeseberg stated that the lots range in size from 34' feet in width to 130', noting that of the 20 lots north of 5~ Street up to school Street, only 3 meeting the minimum lot size. He also explained that the only difference between the R2a and R2b zoning districts is that R2b allows for townhomes. Staff recommends approval of the ordinance amendment to allow 6,000 square foot lots with a 60-foot lot width, and 100-foot width for corner lots. Planning Manager Jeremy Barnhart noted that the proposed amendment will not create more non-conforming lots, but rather, fewer non-conforming lots.