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~a <br />~lk Ri <br />MEMORANDUM <br />TO: Mayor and City Council <br />ver FROM: Stephen Rohlf, Building and <br />Zoning Administrator <br />DATE: September 13, 1995 ~~- <br />SUBJECT: Zone Change and Land Use <br />Change Request (A-1 to I-2) by <br />the Shiely Company Case No. <br />ZC 95-7 & LUA 95-7 <br />Introduction <br />ITEM 7.1 & 7.2. <br />The Shiely Company is requesting a land use change from A/Agricultural to <br />MI/Medium Industrial and a zone change from A-1/Agricultural to <br />I-2/Medium Industrial on property legally described on attached exhibit "A". <br />A vicinity map of the property affected by these changes is also attached. <br />The parcel described is owned by Julius Neimeth who has co-signed the zone <br />change application. There is approximately 10 acres in the southeast corner <br />• of the parcel described that is currently leased by Elk River Bituminous and <br />is being run as a gravel mine. Mr. Neimeth and the Shiely Company are <br />requesting that this area be included in the zone change request. <br />The Shiely Company is requesting the changes to the land use and zoning on <br />this parcel to accommodate a concrete ready mix plant. Shiely explains their <br />request in the attached letter dated 7/27/95. The Elk River Code of <br />Ordinances allows concrete product processing as a permitted use in the I-2 <br />zone. <br />Shiely Company has an existing conditional use permit for a gravel mine on <br />this parcel that will also need to be amended to accommodate the proposed <br />ready mix plant. The amendment to their existing conditional use permit is <br />on this same agenda. <br />Interpretation <br />Section 900.12 (19), found starting on page 9.46 of the City Code of <br />Ordinances, defines the mineral excavation overlay zoning district. Under <br />the aforementioned. section, subpart (B)(i) allows facilities related to mineral <br />excavation in the mineral excavation overlay district. For example, this is <br />the clause that allowed Barton Sand and Gravel to place a temporary asphalt <br />hot mix plant in their gravel pit. <br />13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 <br />