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If the City Council recommends denial of the zone change and land use plan <br />amendment, the conditional use permit request becomes invalid and, <br />therefore, should also be denied. <br /> <br />A junkyard is defined in the Elk River Zoning Ordinance Section 900.08 as: <br /> Land or buildings where products resulting from the wrecking of <br /> automobiles and motorized recreational vehicles or other <br /> machinery is bought, sold, exchanged, stored, baled, cleaned, <br /> packed, disassembled or handled. The outdoor storage of two or <br /> more inoperative motor vehicles shall also be considered a <br /> junkyard. <br /> <br />Mr. Charest's site falls within the definition of a junkyard. The site has been <br />a problem, and has not been in compliance with the City Ordinance, since <br />Mr. Charest began using the site. Mr. Charest has done grading without a <br />permit, the site plan has not been complied with, and Mr. Charest has not <br />cooperated with the requests in staffs letters and phone calls. <br /> <br />In staffs opinion, granting a conditional use permit for a junkyard in this <br />location is: <br />1. inconsistent with the Comprehensive Plan, <br />2. inconsistent with the City Council efforts to protect the quality of <br /> development along the East Highway 10 corridor, <br />3. inconsistent with the surrounding land uses and new development in the <br /> area, <br /> <br />In addition, a number of performance standards, outlined in the Ordinance, <br />have not been addressed in Mr. Charest's application. For example, Mr. <br />Charest's application does not provide for the required trees, the required <br />screening, curbing, building materials, etc. <br /> <br />Recommendation <br /> <br />Staff and the Planning Commission recommend denial of the conditional use <br />permit to operate a junkyard based on the following findings: <br />1. If the zone change and land use plan amendment are not approved, this <br /> conditional use permit is a moot point. Junkyards are not allowed in the <br /> light industrial zoning district. <br />2. A junkyard at this location will detrimentally affect the use and <br /> enjoyment of other property in the immediate vicinity. <br />3. A junkyard in this location will be inconsistent with the Comprehensive <br /> Plan. <br />4. A junkyard will impede the development of the surrounding vacant <br /> property. It is unlikely that a residential development would to locate <br /> <br />S:\PLANNING\KENDRA\CU96-17.DOC <br /> <br /> <br />