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Planning Commission Minutes February 13, 2008 Page 3 Chair Stevens opened the public hearing. There were no public comments and the public hearing was closed. Commissioner Austad asked if the ordinance amendment would limit citizens' input on other issues such as bonding. Mr. Barnhart clarified. MOTION BY COMMISSIOENR LEMKE AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO SECTION 30-1292, I-1 DISTRICT, TO ALLOW PUBLIC WATER/WASTEWATER TREATMENT FACILITIES AS A PERMITTED USE. MOTION PASSED 7-0. 5.3. Reduest by Waconia/Elk River Farm Supply for Conditional Use Permit, Case No CU 08- 03 Staff report presented by Sheila Cartney. She reviewed the previous actions of the Planning Commission and City Council on this matter, explaining that the Council remanded this item back to the Planning Commission for comment on new information provided by the applicant, as well as public testimony heard at the Council meeting. Chair Stevens asked if the storage behind the applicant's building is allowed. Ms. Cartney explained that the applicant has an agreement with the Burlington Northern Santa Fe (BNSF) to store the items, and he is negotiating an agreement for storage of the Budget trucks. Chair Stevens stated that there is a dry? Van that moves around the site, and asked if long term storage of semi trailers on the site. Ms. Cartney stated she has not found any approval for this type of use. Chair Stevens asked what the distance was from the building to the right of way. Commissioner Anderson asked that staff display the photographs of the site. Ms. Cartney provided the photos and indicated the locations where the trucks could be stored. Mike Loscheider, applicant -Stated that he has a 25' variance from the railroad tracks from Burlington Northern, and leases the property from them. He stated that there is 18 feet from the front of the building to the edge of the right-of--way, which would be enough room for parking a smaller Budget truck. In regard to the neighboring property owner's issue, he explained that the trucks leaving the site go from public right-of--way onto a public highway, and his neighbor actually parks vehicles in the right-of--way. Commissioner Staul asked Mr. Loscheider if he would be able to park the Budget trucks on site, without the lease agreement from BNSF. Mr. Loscheider stated it would be a tight fit. Commissioner Anderson stated that he has driven by the site and seen three vans parked there. He stated that it appeared to him Mr. Loscheider would need the lease from BNSF to park the existing vans on the site. He stated that he has seen a large van (48-foot) on the site which doesn't seem to move very often. Mr. Loscheider stated that he is not sure who owned the vehicles, but they did not belong to Waconia Farm Supply. Commissioner Anderson asked if the out-building adjacent to the farm supply was on their property. Mr. Loscheider stated that he was not sure, and that the landlord owns it.