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<br /> <br /> <br /> <br />ELK RIVER PLANNING COMMISSION MEETING <br />HELD AT THE ELK RIVER PULBIC LIBRARY <br />Monday, November 30, 1981 <br /> <br />MEMBERS PRESENT: <br /> <br />Commissioners Pearce, Kreuser, Tracy and Driessen <br /> <br />MEMBERS ABSENT: <br /> <br />Commissioner Busch <br /> <br />STAFF PRESENT: <br /> <br />Rick Breezee, Building and Zoning Administrator <br /> <br />1. Meeting Called to Order <br /> <br />The meeting was called to order by Chairman Tracy at 7:35 p.m. <br /> <br />2. Agenda <br /> <br />The following changes were made to the Agenda for November 30, 1981. Add <br />Item 4~ - Presentation from Jerry Messman for the HRA Committee showing the <br />proposed development of the do\vntown area. Add to #7, additional handout re- <br />garding Independent School District #728, zone change amendment. Add Item l2~, <br />moratorium regarding pole buildings. <br /> <br />3. Minutes <br /> <br />The minutes of the October 26, 1981 Planning Commission meeting were appr~ved as <br />published. <br /> <br />4. Consider Appeal to Section 900.34 of the Zoning Ordinance by Neil Larson <br /> <br />Mr. Neil Larson was present for this request. Commissioner Pearce questioned <br />the permit that was issued to Mr. Neil Larson in 1979, to expand his present <br />building and why he was allowed to expand his operation at that time when such <br />a nonconformity existed. <br /> <br />Mr. Breezee stated that he did not work for the. City at that time and could not <br />answer for the Building Inspector who worked for the City; but nonetheless, it <br />was a wrong decision to issue Mr. Larson a permit at that time and it is wrong <br />to issue him a building permit to expand or extend his present operation at this <br />time. <br /> <br />Mr. Larson explained to the Planning Commission that it is his opinion that the <br />tanks and the pumps are personal property and as such, it is his right to do <br />whatever he feels he wants to with said personal property. It is Mr. Larson's <br />opinion that this is considered a maintenance and not an extension of a non- <br />conforming use. <br /> <br />Mr. Breezee informed the Planning Commission that it was his interpretation that <br />normal maintenance is allowed which cannot extend or enlarge a nonconforming build- <br />ing or use. By al1o\ving such larger tanks and ne\Ver pumps to be installed w.hich <br />is surely in the main operation of a motor vehicle service station, you are clearly <br />extending the life of a nonconforming use such as this. <br />