01-13-2009 PC MIN - Laserfiche WebLink

Home Browse Search

Planning Commission Minutes Page 3 January 13, 2009 --------------------------- Commissioner Staul stated he was inclined to move forward with a recommendation of approval, and felt the City Council and DNR could make the final determination. Commissioner Anderson stated that the Commission needs to look at the existing regulations. He stated that he could not recommend approval based on the new site plan. He stated he would support a recommendation of denial, and that staff could continue to work with Mr. McCoy on a new application. Commissioner Austad concurred. Commissioner Lemke stated that he would like to know what has changed to make the new exhibit accurate. He stated that regarding the noise impact on the downtown, he felt that residents should not move into the Bluffs and expect there to be no noise. He stated that suggesting the city deny a business to expand in the downtown to make more parking makes no sense. Vice Chair Scott stated that he agreed the city must enforce its regulations, but questioned if they must enforce the DNR Regulations. Mr. Barnhart stated that that the Shoreland regulations were written by the DNR, but that the city has adopted them and they have an obligation to enforce them. He stated that the next step the applicant could take is to apply for a variance. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND DENIAL OF THE REQUEST BY FRED MCCOY FOR A CONDITIONAL USE PERMIT, CASE NO. CU 08-24, BASED ON THE FOLLOWING FINDINGS: 1. INCONSISTENCY WITH THE SHORELAND SETBACK REGULATIONS. (SEC. 30-2022) ENCROACHES APPROXIMATELY 30 FEET PAST THE BLUFF LINE. 2. INCONSISTENCY WITH IMPERVIOUS SURFACE REGULATIONS. (SEC. 30-2025) EXCEEDS IMPERVIOUS SURFACE BY APPROXIMATELY 33% 3. INCONSISTENCY WITH DOWNTOWN DESIGN GUIDELINE APPROVED MATERIALS. (SECTION 30-1026) MOTION CARRIED 4-1. Commissioner Staul opposed. 5.2. Request b~ Maureen Ivers (Elk River K9_ LLC) for Conditional Use Permit for Dog Training and Boarding Facility, Case No. CU 09-01 -Public Hearing Mr. Leeseberg stated that the applicant currently operates a similar business at 9942 Highway 10, but would like to move to the new location (15703 Jarvis Street), and include boarding services. Mr. Leeseberg provided details of the business including the day care, boarding, number of dogs to be cared for, hours of operation, number of employees, kennel license, parking and access, and consistency with the Comprehensive Plan. Staff recommends approval of the request with the conditions listed in the staff report. Vice-Chair Scott opened the public hearing. Maureen Ivers, applicant -stated that she was present to answer questions for the Commission. Commissioner Anderson asked if the businesses would be combined to the new site. Ms. Ivers stated yes. Commissioner Staul asked staff what would happen to the CUP for the current site. Mr. Barnhart stated that the CUP would eventually expire if no one started a similar business at the site.