94-015 ORD
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ORDINANCE 94-12-
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE CITY OF ELK RIVER
ZONING MAP TO ZONE CERTAIN PROPERTY FROM
R1C (SINGLE FAMILY RESIDENTIAL)
AND PUD (PLANNED UNIT DEVELOPMENT)
TO C3 (HIGHWAY COMMERCIAL)
CASE NO. ZC 94-11
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is
hereby amended to zone the property described as: See attached exhibit A
based on the following findings:
1. THE REZONING WILL BE CONSISTENT WITH THE
AMENDED COMPREHENSIVE LAND USE PLAN.
2.
THE REZONING WILL NOT HAVE A DETRIMENTAL
IMPACT ON THE HEALTH, SAFETY, OR WELFARE OF
THE SURROUNDING PROPERTIES.
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3. REZONING IS A LOGICAL EXTENSION OF THE
COMMERCIAL AREA GIVEN THE PHYSICAL AND
NATURAL SURROUNDING FEATURES.
4. REZONING TO C3 (HIGHWAY COMMERCIAL) IS
CONSISTENT WITH THE ZONING DESIGNATION
IMMEDIATELY TO THE NORTH AND WOULD BE A
MINOR EXTENSION.
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 17th day of October , 1994, by the City Council of
the City of Elk River.
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.....o.__~..".,_e
c:document:zc94-11
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EXHIBIT A
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That part of Outlot A of the duly recorded plat of CHERRYHILL
BLUFFS, Sherburne County, Minnesota; and that part of the West
Half of the Southwest Quarter of Section 27, Township 33,
Range 26, said Sherburne County; described as follows:
Beginning at the Southwest corner of Lot 3, Block 1, said
CHERRYHILL BLUFFS; thence North 88 degrees 14 minutes 17
seconds East along the South line of said Lot 3, Block 1, for
a distance of 65.00 feet; thence South 1 degree 45 minutes 43
seconds East for a distance of 241.48 feet; thence South 87
degrees 18 minutes 28 seconds West. for a distance of 330.92
~eeti. thence South 39 degrees 56 minutes 28 seconds West for
a distance of 157..33 feet, more or less, to intersect a line
bearing North 2 degrees 41 minutes 32 seconds West from a
point on the South line of said Outlot A, CHERRYHILL BLUFFS,
a distance of 116.17 feet east of the Southwest corner of said
Outlot A, as measured along said South line; thence South 2
degrees 41 minutes 32 seconds East for a distance of 198.28
feet, more or less, to said point on said South line of Outlot
A; thence continue South 2 degrees 41 minutes 32 seconds East
for a distance of 150.00 feet; th:ence South 87 degrees 18
minutes 28 seconds West for a distance of 348.24 feet, more or
less, to intersect the Easterly line of the right-of-way of
u.S. Highway No. 169i thence northerly along said Easterly
line of the Highway right-of-way for a distance of 155.70
feet, more or less, to intersect the South line of the duly
recorded plat of OAK PARC PLAZA, said Sherburne County, also
being the westerly extension of said South line of Outlot A,
CHERRYHILL BLUFFS; thence North 87 degrees 18 minutes 28
seconds East along said South line of OAK PARe PLAZA for a
distance of 273.83 feet to said Southwest corner of Outlot A;
thence North 6 degrees 42 minutes 28 seconds East along part
of the Westerly line of said Outlot A for a distance of 177.00
feet; thence North 15 degrees 47 minutes 28 seconds East along
part of said Westerly line of Outlot A for a distance of 90.00
feet; thence North 39 degrees 56 minutes 28 seconds East along
the Northwesterly line of said Outlot A for a distance of
189.00 feet; thence North 87 degrees 18 minutes 28 seconds
East along part of the North line of said Outlot A for a
distance of 304.57 feet; thence North 1 degree 45 minutes 43
seconds West along a part of the West line of said Outlot A
for a distance of 157.52 feet to the Point Of Beginning.
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Containing 3.03 acres, more or less.
d 'J::
recor I ~.l.. any.
Subject to easements of
SC 08: /OPPlz2rv.Rzn
9/08/94
File #6294.20-08
Mfidavit of Publication
STATE OF MINNESOTA
)ss.
COUNTY OF SHERBURNE)
.una-
LOP . TOea
. :AT cOMMERcIAl.;)
ME NO.ZC".ll
.' 'ty Cquncil of tl\1e City of Elk
Riv~ ~ h~byo~ M fqqows:
Sec~OD 1. The duly !l!lqp~~ ZoniDg
Map, oUhe Cjty of Elk River 18 hereby
amended t9zone the prol!8rty described
as .' ..' - . . .. _c .. .
That part of OzitlOtA olIN! duly re-
cordedplatofCHERRYHIUBLUFFS,
Sherbu~ County,Mil/.1lesotaianll that
part of the West' Halfor~he&uthwest
-"'!i~
Ru\-'''' ~VY~A---1rJ . ,
being duly sworn, on oath says thaihe/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed Ct/lJLL,,'vl.-{;(./tL{C<L) q 4-15-
">;'<~::,}:,>,,;,,:'f':'_"_,',,<,j
Jjegi' :ngOtt .. .~th,westcomerof
Lot $,Blo(:41,.tfOidJ;J.llERRY1lIU
B~u,'F~;....the......1W....1! 1/1.. Arth. .88.' ..dP6..'11 1'1!I!'. 14
mi,",(e'17~Eottt~ngthe$Quth
line of80idLot 8,.Blqc4JUa1'.Q. dlatarwe
of.66l)Q.ll!1!titheM.... e.$Qu.. ~.b.)dme... .... .I!.. 45
mlnU~438eC07&d8~8t :for o4Jstorwe
of 241.481e1!ti the1/.fJe South 87 ~gree'
18. mi,",(e,28~~Wutfora dla-
~ of 3:10.92: fe.e.tj t~e $Quth 39
~M.~te'~~1Jds Vfe.,tfoNJ
cP:-~ofI6'N1~ff#.t~~ orll!lI" to
intenecl q lin.e.,*ring l(orp. ~ tk1Jrees
41mjnu . .... . ..Wqtfrpmapoint
on 'eM Slme qf ac'aldOutlot A,
C.Hl#fl!lY1l1I;LB~lJFF8iqdislarwe of
116.17 feeteQ.8t()fthe.~thwellt co~r
o(IGidOutlotA.,Q.8meaured along said
SouthJinei the.nce$Quth, 2 degrees 41
mi,",~.32~~8tfor adlatance
of IfJ8.28(eet;mQreor~,~80id point
on 80id tjout~ line of/Outlot A; thence
conti1U.flj$Quth 2deptes ~1 minutes 32
tIeCOw#.~tfo/'.a ditJla~ of.15().OO
f~t; thencf! South 87 ~Me'18m"1l~teB
~ se~ We,t forQdjst4nce 0($48.24
feet'1rl()re or ~,tointe~ct the Eat-
er:'y lineo;(the. right#.-'f~ofll.S.#igl&"
wQ)'No;,l(J9ith'encI!MftherlY alo~
saUl Eottt.l!r'yline of the. HJ8hway rilIlat-
of-WQY (Qr:Q di,tance ofl 55..7() feet, more
or lI!~(to interset;t~he.$Q~t~'line of the
dalY~PlGtofOJ\1CPJ\RCP.c..AU.
mid ~1W'bume C~1Jf:r, qlBO bei1&/{ the
westerl:r"~oftfOid: $outhline of
Qu~lo'.A~ C.ll.TJ;Rllflf.I,A!.. .lJ~UI'.fS i
~he.1fI;eNarth tJ7 ~I' 18mjnuta~ ~
seco~.. ~t. qlo1t. '~~th.'ine' of
O~.~ARC.f, .... R c#B1ance. of
218;B:Jfe.etto80id ." Bt comer of
Outlo~. Ai . the.w;eN.orl~. de81'e.e8 42
~i~L' ~. 8eCOndil#Q.8t.~long part of
the. We'tarly JiM r:(- /j~~tlot .A foro
di,tance of 177.()()leet; thence North 15
degrees47mj'"'teL'~881lCO~1i'A!1talong
pq.rl oft said W'lIt1!rly.line qf _id Outlot
A for a dlatance 0( 9O.OQ feet; thence
North. 39 ~~ ~ minute, 28 sec0nd8
E~ 'IUong the NprthU?e/jlerlyline af
,tJldQutlot A for a diltai),Ceof 189.00
feetjthence North 87 deS1'eesl8 minutes
28 secondi Ea8.t "Wns pq.ri of the North
li.ne of .said ()rJtlot .A for II cli,tance of
304.57 feeti therwe Northi 1 degree. 45
minutes 48 seco1Jds West Q.Zong 0 pq.rt of
the. . West. line of l/llid OIftlOt A fOT 0
c#Btq.nCeof 157,5~ feet to :the Point. Of
:Qesirmins.
coptQininf{ ~.(J3 Q.Cre/j~ 1!WreOT~.
S'1!Jlfft .~. e.~tnent'. ofre~aTd,. of Qny.
,.b~ oAth~ foUo.wirtgfi!qdinW':
1. Thfl NZo1lln8' Y1ill beco~i8timt With
theall1~n. cleclQo....m. prehe.n......". e. ~.. dU. se
Plan.""'';'' ......
2, The.rezoning will pm ~ve adetri-
m~t~ u:npact on the h~alth, safety, or
welfare. o{ t~ 8\).rro~~8 properties.
8. ~o~lsalo81cal~IUlionofthe
. commel'Clal !lfea giv~theiphysi~l and
nllturalsUlTOllnding features; .
....~!lW~ toC~ (Hjghway Commer-
cial) ~~ conslsteJl.t with the zoning c:lesig-
Il4tion; itnmediately totb~ north and
would be a JDinOI' extensio~.
~tioJJ. ~.TlIat this .Orl,tinance shall
t~ effect IIp.d be ill fuQ force from and
after the c:mteofitBp1ll:llj~tion.
.p. aSse4 an. c:l a.a.o. Pte... d.. ...tJIiB... i..1..7.th.. day of
O~ber, .;t.W4:,h;ytile Qity Qouncil ofthe
Cjty of ~~Riv~f,;i,L.. ." '. ........
, .' . .Hem:r,A.,DuitB~n, Mayor
"m~:.. ".:. i>' .
~andrll A; 'rlulCkeray'. .,. f.' .
~ity Qlerk f.... ,", I
. (Oct26) j
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I sn
cessive weeks; it was first published on Wednesday, the t2 0 - ~I
day of Ott&-1>-€/0 , 1911., and was thereafter
printed and published on every Wednesday to and including
Wednesday, the_ day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a bed e fghij klm nop qrstu vwxyz
~~~
Subscribed and sworn to before me on this
OZC.eVV-Cl) ,19~.
~cJlA,~VI1-~~
I .~.
;J.. V7 -! day of
C~j
Notary Publ"
fYl.
(2)
.,: \ CIND
.:./, ifi r, lJ8l/C- KI
RATE INFo~,i~~;~ cO~,~~OTA
"'-'0} EXPIRES B-l().99
Lowest classified rate paid by
commercial users for comparable
space
Maximum rate allowed by law for
the above matter
Rate actually charged for the
above matter
(1)
(3)
$ 1Q-,.50
$ q~" 3~
$ qq:_~~