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Planning Commission Minutes Page 2 October 14, 2008 --------------------------- Chair Westgaard asked if there are any conflicts with the shared driveway. Mr. Barnhart stated that staff has been presented with no language which prohibits the shared driveway from being used by a business. He stated that there is a benefit for transitional uses such as this to buffer the residential and commercial uses. .Chair Westgaard stated that he also supported the use as a transition between the commercial and residential uses. Commissioner Anderson asked if there were any issues the State Health Department would need to address, such as food safety standards. Mr. Barnhart stated that the ordinance does not address health department issues. He noted that building, fire code, etc. issues are required to be addressed through the conditional use permit process. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT RELATING TO BED AND BREAKFAST ESTABLISHMENTS, PER THE LANGUAGE DRAFTED AND ATTACHED TO THE REPORT TO THE PLANNING COMMISSION DATED OCTOBER 14, 2008. MOTION CARRIED 7-0. 5.2. Reduest by Janet Adams for Conditional Use Permit to Allow aNon-Owner Occupied Bed & Breakfast, Case No. CU 08-20 -Public Hearin Mr. Barnhart explained that Ms. Adams is requesting approval of a conditional use permit (CUP) to allow anon-owner occupied Bed & Breakfast establishment at 931 Main Street. He reviewed issues regarding adequate parking, the shared driveway, and how the interior of the home would be used. He noted that the adjacent neighbor has an issue with the shared driveway, and that he would need to pursue the easement issue separate from this application. Mr. Barnhart explained that the drop in elevation, existing hedge and trees provides adequate screening of the business. Staff recommends approval of the request with the 4 conditions listed in the staff report. Chair Westgaard opened the public hearing. Janet Adams, 23250 185~h Street, Big Lake, MN -stated that clients will bring their own food or it would be catered. Commissioner Staul asked if hours of operation need to be addressed. Mr. Barnhart stated that the business would be very similar to a residential use with limited traffic coming and going. Commissioner Westberg asked how more parking could be provided if more is needed. Mr. Barnhart stated that the ordinance requires 7 spaces and that on street parking is allowed, except during the winter months, when "tandem" parking could be utilized if necessary. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER SCOTT TO RECOMMEND APPROVAL OF THE REQUEST BY JANET ADAMS FOR A CONDITIONAL USE PERMIT TO ALLOW A NON- OWNER OCCUPIED BED & BREAKFAST AT 931 MAIN STREET, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS.