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Elk River City Council Meeting Page 10 <br />July 15, 1996 <br /> <br /> 2. LITERAL APPLICATION OF IHE LOT SIZE REQUIREMENTS WOULD DEPRIVE THE <br /> APPLICANT THE OPPORTUNITY FOR SUBDIVISION OF THE PROPERTY. <br /> <br />IF THE ADDITIONAL 17 FEET OF RIGHT-OF-WAY ALONG ZEBULON WAS NOT <br />NEEDED, THE MINIMUM LOT SIZE COULD BE ACHIEVED. <br /> <br />THE VARIANCE OF .2 ACRES IS THE MINIMUM REQUESTED TO MEEi' THE <br />INTENT OF THE ORDINANCE. <br /> <br />THE VARIANCE WILL NOT ADVERSELY AFFECT THE HEALTH, SAFETY OR <br />WELFARE OF THE COMMUNITY AND WILL BE IN KEEPING WITH THE CITY'S <br />PAST ACTIONS ON SIMILAR REQUESTS. <br /> <br />COUNC!LMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED <br />5-0. <br /> <br />COUNC~LMEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE <br />SUBDIVISION REQUEST BY DARREN AND ELIZABETH DUFFY TO DIVIDE 5.4 ACRES <br />INTO TWO PARCELS WITH THE FOLLOWING CONDITIONS: <br /> <br />A GRANT OF EASEMENT DOCUMENT BE PREPARED AND EXECUTED <br />GRANTING At,; ADDITIOI'~AL 17 FEET OF RIGHT OF WAY ALONG ZEBULON <br />STREET. <br /> <br />PAYMENT OF PARK D~DICAI'ION IN THE AMOUNT OF $550 FOR THE NEW <br />LOT BEING CREATED BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE <br />SIJBDIVISION. <br /> <br />o <br /> <br />PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF <br />.$61.80 FOR THE NEW RESIDENTIAL LOT BEING CREATED. <br /> <br />4. THE VARIANCE TO THE MINIMUM LOT SIZE BE APPROVED FOR PARCEL A <br /> <br />COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> <br />7.10. Conditional Use Permit Request bv Franchise Associates, Inc. (Arbys). Public <br /> Heorinq Case No. CU 96-t4 <br /> <br />City Planner Steve Ach indicated that Franchise Associates, Inc. is requesting a <br />conditional u:~e permit for site plan review to construct a Class 2 restaurant facility <br />in the Elk Park Center planned unit deve!opment at the location of Lot 5, Block 2, <br />Elk Pork Center. Steve Ach reviewed the staff report on this issue. He indicated <br />that the two outstanding issues relate to the width of the driveway along ihe <br />drive through lone and the signage. Steve Ach stated that staff is concerned <br />that the width of the drive thru lane :'nay not v,,ide enough to allow cars to pass <br />one another. He further indicated staff's concern regarding the fact that the sign <br />proposal is not in conformance with the Elk Park Center planned unit <br />development or city ordinance. <br /> <br />Mayor Duitsman opened the public hearing. <br /> <br /> <br />