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5.4 PCSR 07-25-1995 ekr A� ( � ITEM 5.4. ty of MEMORANDUM 1kRiver TO: Planning Commission FROM: Steven B. Ach, City Planner. � - DATE: July 27, 1995 SUBJECT: Ordinance Amendment by the City of Elk River, Public Hearing Case No. OA 95-8 Request The City of Elk River is requesting to amend the nonconforming uses section of the zoning ordinance relating to the amortization period of nonconforming junkyards. Background This ordinance is being brought forward as a result of the rezoning of Custom • Motors from I1 to residential. With this rezoning, Custom Motors now becomes a nonconforming use and is therefore subject to the city's ordinance regarding nonconforming junkyards. Currently, the amortization period for nonconforming junkyards is five years. However, the City Council directed staff to amend the zoning ordinance to extend that amortization period to ten years, which would allow businesses like Custom Motors adequate time to relocate to an appropriate site. Attachments Ordinance No. 95 - Recommendation It is recommended the Planning Commission recommend approval of the proposed ordinance amendment increasing the number of years for nonconforming junkyards from five years to ten years. • S:Planning/PC/0A95-8 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 • ORDINANCE 95 - CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 900.34(5) OF THE CITY OF ELK RIVER ZONING ORDINANCE CASE NO. OA 95 - 8 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Ordinance of the City of Elk River is hereby amended to read as follows: 5. Nonconforming Junkyards. No junkyard may continue as a nonconforming use for more than ten (10) years after the effective date of this Ordinance, except that a junkyard may continue as a nonconforming use in an Industrial District if,within that period, it is completely enclosed within a building, fence, screen planting, or other device of such height as to screen completely the operations of the junkyard. Plans of such a • building or device shall be approved by the Planning Commission and the City Council before it is erected or put into place. Section 2. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this day of , 1995, by the City Council of the City of Elk River. Henry A. Duitsman, Mayor ATTEST: III Sandra A. Thackeray, City Clerk s:ordinance:oa95-8