Laserfiche WebLink
REQUEST FOR ACTION <br />To Item Number <br />Ci Council 2.1 <br />Agenda Section Meeting Date Prepared by <br /> May 11, 2009 Jeremy Barnhart, Plannin Manager <br />Item Description Reviewed by <br />Request by Ken Dehn/ Monte Howerton for Waiver of <br />Restrictions on the Moratorium on Land Use Applications and Reviewed by <br />Approvals Within the City of Elk River Focused Area Study <br />Area -Public Heari -Case No. CU 09-13 <br />Action Requested <br />Staff recommends denial of the waiver of the ordinance, because: <br />1. The work triggering the moratorium (the Focused Area Study) is not yet completed. <br />2. It is undetermined if the use of this property is consistent with the plan. <br />3. The resulting regulations necessary to carry out the vision contemplated by the plan <br />have not been developer approved. <br />4. The standards for waiver have not been satisfied; hardship has not been demonstrated. <br />Summary <br />Ken Dehn, property owner, and Monte Howerton, proprietor of the Repot Depot, are requesting a <br />waiver of the moratorium that was imposed in December, 2008 to facilitate the completion of the <br />Focused Area Study. If the waiver is approved, Monte Howerton has requested a Conditional Use Permit <br />to allow marine, RV, and power sports sales on Ken Dehn's property. <br />Planning Commission Discussion <br />The Planning Commission held a special meeting on May 5, 2009. After the public hearing, the Planning <br />Commission felt the waiver should not be granted because the standards for waiver have not been <br />established, and the Focused Area Study should be completed. <br />Public Comment <br />Ken Dehn, property owner, spoke against the moratorium, feeling that he has somebody wishing to use <br />the property, and the City is taking away this opportunity. <br />Monte Howerton, applicant, noted his issue with time; he needs to be operating as soon as possible, as <br />the majority of his business is conducted before July 4. <br />Attachments <br />• Staff Report to Planning Commission dated May 5, 2009 <br />Action Motion by Second by Vote <br />Follow Up <br />S:\PLANNING MAIN\Case Files\CUP\CU 09-13 National Repo Depot\Staff report waiver of moratorium CC 5-11-09.doc <br />