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SPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION <br />HELD AT ELK RIVER CITY HALL <br />TUESDAY, MAY 5, 2009 <br />Members Present: Chair Scott, Commissioners Anderson, Ives, Lemke, Staul and Westberg <br />Members Absent: None <br />Staff Present: Jeremy Barnhart, Planning Manger; Chris Leeseberg, Park Planner; <br />Debbie Huebner, Recording Secretary <br />1. Call Meeting To Order <br />Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission <br />was called to order at 6:30 p.m. by Chair Scott <br />2. Consider 5/5/09 Special Planning Commission Agenda <br />MOVED BY COMMISSIONER WESTBERG AND SECONDED, BY <br />COMMISSIONER ANDERSON TO APPROVE THE MAY 5, 2009 SPECIAL <br />PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. <br />3. Planning Commission Representative to Attend May 11; 2009 Special City Council Meeting <br />5 p.m. <br />Chair Scott will attend the May 11, 2009 Ciry Council meeting. <br />4.1. Request by Ken Dehn/Monte Howerton for Waiver of Moratorium Ordinance. Public <br />He- acing <br />Mr. Barnhart presented the staff report. He explained how the moratorium affects the <br />request, noting that a provision of the interim ordinance allows the Ciry Council to waive the <br />moratorium ordinance in cases of undue hardship. He further explained how undue <br />hardship is determined when considering a variance, and why staff does not feel the request <br />meets these criteria. <br />Chair Scott opened the public hearing. <br />Ken Dehn, owner of the subject property -explained his concerns with the plan proposed <br />by staff, especially with the islands in the parking lot. <br />Monte Howerton, applicant -Stated that the proposed use could have been allowed by <br />conditional use permit prior to the moratorium, and that the property had this same use for <br />many years. He stated that if the property were fenced, the adjacent body shop would have <br />no access. He stated that parking for the pet shop would also be impacted by the changes <br />being recommended by staff. Mr. Howerton stated that the moratorium does not expire <br />until June 2na, and that the next few weeks were critical to his business. He noted that <br />approximately 70 percent of sales for this type of business are conducted by July 4~. He <br />stated that he hopes to capture 20 percent of sales between now and July 4~. <br />