6.10. SR 10-20-2003Item ~. 10.
TO:
FROM:
DATE:
MEMORANDUM
Mayor and City Council
Scott Harlicker, Senior Planne~
October 20, 2003
SUBJECT:
Case No. OA 03-06
Request by City of Elk River to Amend Section 30-991 of the
Zoning Code to Allow Cemeteries as a Conditional Use in the
R1 and R3 Districts
Request
The City Council is being asked to consider an amendment to the Zoning Code to allow
cemeteries as a conditional use in the R1 and R3 Districts.
Overview
The current ordinance allows cemeteries only in the A1 zoning district; they are allowed as a
conditional use. However, two of the existing cemeteries, Orono and St. Andrews, are
located on property that is zoned Rlc and a third is located near the wastewater treatment
plant on property that is zoned R3. Because they are non-conforming uses, no
improvements can be made. This fact came to light when a representative for St. Andrews
Cemetery came to the city requesting a permit to construct a garage. The permit could not
be issued because the cemetery is not an allowed use in the Rlc zoning district.
By allowing cemeteries as a conditional use in the Ri and R3 districts, improvements could
be made to existing cemeteries and new ones could be approved, provided they get a
conditional use permit. This amendment would allow cemeteries as a conditional use in all
R1 zoning districts, not just the Rlc district.
Planning Commission Meeting
At the Planning Commission meeting held on September 23rd, no one spoke at the public
hearing. The Commission recommended unanimously to approve the proposed amendment.
Mayor and City Council / OA 03-06
October 20, 2003
Page 2
Recommendafion
The Planning Commission and staff recommend that the City Council approve the attached
ordinance amendment to allow cemeteries as a conditional use in the R1 and R3 zoning
districts.
S:\PLANNING\Case Files\2003\OA 03-06 Cemeteries\cci0-20 oa03-06.doc
ORDINANCE 03 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-991 and SECTION 30-994 OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-991(d) titled, R-1 districts, Conditional uses, of the
City of Elk River Code of Ordinances shall be amended include the following:
(d) Conditional uses.
(19) Cemeteries
Section 2. Section 30-994(d) titled, R-3 townhome district, Conditional
uses, of the City of Elk River Code of Ordinances shall be amended include the
following:
(d) Conditional uses.
(6) Cemeteries
Section 3. That this ordinance shall take effect upon publication as provided
by law.
Passed and adopted by the City Council of the City of Elk River this __
,2003.
day of
Attest:
Stephanie Klinzing
Mayor
Joan Schmidt
City Clerk
s:\planningXcase files\2003Xoa 03-06 cemeteries\ordinance 03.doc