INFORMATION #2 09-13-1999 (2)
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INFORMATION
MEMORANDUM
TO: Mayor and City Council
FROM: Scott HarIicker, Senior Planner:jJ!;
DATE: September 13, 1999
SUBJECT: Conditional Use Permit for Office
Building At 403 Main Street
.
Staff was asked to review the conditional use permit for an office building at
403 Main Street. A review of flie No. CU 94-17 revealed that the developer,
T.S. Construction, was not in compliance with one of the conditions of
approval. Condition 3 stated the house on lot 3 be removed from the property
within 3 years from the date of City Council approval. This condition was
included because with the parking lot improvements occurring on the same
parcel as the house, improvements were being made to a legal non-
conforming use (single family house in a C2 Office District). The Council
approved the conditional use permit on June 20, 1994. The applicant had
until June 20, 1997 to remove the house. Attached is a copy of the location
map, site plan and conditional use permit.
Tim Smith, of T.S. Construction, was sent a letter on August 2, 1999
informing him that he was not in compliance with the conditional use permit
granted for the office building. Attached is a copy of that letter. On
September 9, 1999 staff spoke with Mr. Smith and discussed possible
alternatives to removing the house. Staff will also be discussing possible
alternatives with the City Attorney. It is possible the applicant will be
applying for an amendment to the conditional use permit; if this happens, it
will likely be presented to the Planning Commission at their October 26th
meeting and will be before the Council at your November 15th meeting.
.
13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
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STATE OF MINNESOTA
CITY OF ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE
CONDITIONAL USE PROCEEDINGS
CITY OF ELK RIVER
In the matter of: T.J. Properties
Request: A conditional use permit for a zero lot 1i.D.e
development, Case No. CU 94-17
ORDER GRANTING
, COl\TDITIONAL USE
T.J. Properties, Owner
The above entitled matter came to be heard before the City Council on the 20th day
of June, 1994, ona petition for a Conditional Use pursuant to the City of Elk River Zoning
Ordinance, for the following described property:
E 34' of Lot 4 and all of Lot 5, Block 15, Village of Elk River, Sherburne County, MN
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or
reasons:
1.
ALL PARKING AREAS BE' IMPROVED WITH A BITUMINOUS
SURFACE ANDB612 CONCRETE CURB AND GUTTER.
2.
A LANDSCAPE BUFFER CONSISTING OF DECIDUOUS SHRUBS
AND EVERGREEN TREES BE PROVIDED ALONG THE SOUTH
PROPERTY LINE BE1WEEN THE PROPOSED PARKING AREA AND
RESIDENTIAL DISTRICT.
3.
THE HOUSE ON LOT 3 BE REMOVED FROM THE PROPERTY
WITHIN THREE (3) YEARS FROM THE DATE OF CITY COUNCIL
ACTION.
4.
PAYMENT OF A STORM DRAINAGE FEE IN THE AMOUNT OF $600
PER ACRE BE MADE PRIOR TO ISSUANCE OF A BUILDING
PERMIT.
5.
A TEN (10) FOOT DRAINAGE AND UTILITY EASEMENT BE
PROVIDED AROUND THE PERIMETER OF THE PROPERTY.
6.
ALL ISSUES OUTLINED IN TERRY MAURER'S MEMO DATED MAY
13, 1994, BE INCLUDED AND MADE PART OF THIS
RECOMMENDATION.
2 986 3 4
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DATED this3 -- day of k, ' 1994.
COUNTY HECORDER
SHER8UHNE CO.. MINN.
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ActG 8 2 53 PM '94 'lZ" rtrJ
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August 2, 1999
Tim Smith
T.S. Construction
403 Main Street
Elk River MN 55330
Dear Tim:
.
On June 20, 1994, you were granted a conditional use permit to construct an office
building at 403 Main Street. One of the conditions of that permit was the house on
Lot 3 be removed from the property within 3 years from the date of City Council
approval. It is now five years since the City Council approved the conditional use
permit and the house has not been removed. Please begin the process of removing
the house by August 31,1999.
If you have any questions regarding this matter; please contact the Planning
Department at 441-4921.
Sincerely,
~#-
Scott Harlicker
Senior Planner
.
s:'\planning'\letters '\tsconstr .doc
13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330 · TDD & Phone: (612) 441-7420. Fax: (612) 441-7425