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Elk River City Council Minutes <br />October 21, 1996 <br /> <br />Page 10 <br /> <br />COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. <br />Councilmember Scheel opposed. <br /> <br />COUNCILMEMBER FARBER MOVED TO DENY THE CONDITIONAL USE PERMIT TO <br />OPERATE A JUNKYARD REQUESTED BY MR. CHAREST BASED ON THE FOLLOWING <br />FINDINGS: <br /> <br />IF THE ZONE CHANGE AND LAND USE PLAN AMENDMENT ARE NOT <br />APPROVED, THIS CONDITIONAL USE PERMIT IS A MOOT POINT. JUNKYARDS <br />ARE NOT ALLOWED IN THE LIGHT INDUSTRIAL ZONING DISTRICT. <br /> <br />A JUNKYARD AT THIS LOCATION WILL DETRIMENTALLY AFFECT THE USE AND <br />ENJOYMENT OF OTHER PROPERTY IN THE IMMEDIATE VICINITY. <br /> <br />A JUNKYARD IN THIS LOCATION WILL BE INCONSISTENT WITH THE <br />COMPREHENSIVE PLAN. <br /> <br />A JUNKYARD WILL IMPEDE THE DEVELOPMENT OF THE SURROUNDING <br />VACANT PROPERTY. IT IS UNLIKELY THAT A RESIDENTIAL DEVELOPMENT <br />WOULD WANT TO LOCATE NEXT TO A JUNKYARD. IT IS UNLIKELY THAT <br />CLEAN, QUALITY INDUSTRY WOULD LOCATE NEXT TO A JUNKYARD. <br /> <br />o <br /> <br />THE SITE IS NOT EASILY ACCESSED BY THE NARROW PRIVATE DRIVE, AND <br />EMERGENCY VEHICLES MAY HAVE SOME DIFFICULTY ACCESSING THE SITE. <br />THERE ARE SPECIFIC HEALTH AND SAFETY ISSUES ASSOCIATED WITH A <br />JUNKYARD THAT HAVE NOT BEEN ADDRESSED IN THIS APPLICATION. <br /> <br />A JUNKYARD WILL INVOLVE USES, ACTIVITIES, PROCESSES, MATERIALS, <br />EQUIPMENT, AND CONDITIONS OF OPERATION THAT WILL BE DETRIMENTAL <br />TO SURROUNDING PERSONS OR PROPERTY BECAUSE OF EXCESSIVE TRAFFIC, <br />NOISE, FUMES, ODORS, DUST, AND VIBRATIONS. <br /> <br />o <br /> <br />WHILE A JUNKYARD WILL NOT DESTROY A NATURAL, SCENIC, OR HISTORIC <br />FEATURE OF MAJOR IMPORTANCE, IT MAY ADVERSELY AFFECT THE <br />APPEARANCE OF THIS AREA. <br /> <br />o <br /> <br />UP TO THIS POINT, MR. CHAREST HAS NOT COMPLIED WITH HIS APPROVED <br />SITE PLAN, THE PUBLIC NUISANCE ORDINANCE OR THE ZONING ORDINANCE. <br />THEREFORE, STAFF HAS SOME CONCERNS ABOUT WHETHER THE APPLICANT <br />WOULD COMPLY WITH THE STRINGENT CONDITIONS REQUIRED FOR A <br />CONDITIONAL USE PERMIT TO OPERATE A JUNKYARD. <br /> <br />COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. <br />Councilmember $cheel opposed. <br /> <br />6.12. Order to Charest to Take Specific Action <br /> <br />City Attorney Dave Sellergren informed the Council that Mr. Charest would be <br />presented with an order requesting him to comply with the requirements of the <br />site plan. He explained to the Council that the order contains the findings and <br />conclusions. <br /> <br />COUNClLMEMBER FARBER MOVED TO AUTHORIZE STAFF TO PROCEED WITH THE <br />ORDER #96-1 REQUESTING MR. CHAREST TO COMPLY WITH THE REQUIREMENTS OF <br /> <br /> <br />