05-07-1981 PC MIN
SPECIAL MEETING
OF THE ELK RIVER PLANNING COMMISSION
HELD AT THE ELK RIVER CITY HALL
MAY 7, 1981
Members Present: Commissioners Busch, Driessen, Pearce and Tracy
Also Present: Mr. Harvey Schroeder
1. The meeting was called to order at 7:00 p.m. by Chairman Tracy.
2. Agenda
Special meeting called to review a conditional use permit request by Mr.
Harvey Schroeder, who was unable to attend the regular meeting of the
Elk River Planning Commission held on April 27, 1981.
3. Schroeder Conditional Use Request
Reference: Letter to the Planning Commission from the City Administrator-
dated April 20, 1981.
Mr. Schroeder presented the comission of a petition he circulated to all
neighbors within sight of his home. Neighbor approval signatures were attached.
A floor plan was presented which stated there were 1745 square feet on the 1st
floor, 966 square feet on the 2nd floor and 120 square feet in the basement.
The art studio to be built for classes was to be 672 square feet. Without the
basement square footage taken into account, the addition would be 24.8% of the
original home floor space.
A garage will be built under the new addition (art studio).
Chairman Tracy indicated that two of the six requirements could not be met;
that is, the hours of operation and number of customers limit.
Commissioner Driessen suggested that the students be put in the same category
as a day-care student; not referred to as a customer.
Mr. Schroeder said he thought a variance was a vehicle that, in someone's power,
could in some way change the zoning ordinance.
Commissioner Pearce at this time read from the ordinance section 900.40, para-
graph 5 - Variance. Commissioner Pearce stated that the Planning Commission
was thereby bound in with the variance criteria.
The question of bathroom facilities for the students was raised and Mr. Schroeder
indicated that they would use the household bathroom facilities.
Mr. Schroeder suggested that he was being punished for having incentive and
didn't believe that that was the desire of the Planning Commission.
Special Planning Commission Meeting
May 7, 1981
Page 1\\70
Chairman Tracy explained to Mr. Schroeder the Planning Commission's legal
requirement to rule within the City's zoning ordinance.
Mr. Schroeder had to leave the meeting at 8:00 p.m. A discussion was then
held in which all the Commissioners were in favor of the art studio but with
the given tools, they could not recommend the variance.
CO}lliISSIONER PEARCE MOVED FOR DENIAL OF THE CONDITIONAL USE PERMIT REQUEST
BY HARVEY SCHROEDER TO OPERATE AN ART STUDIO \vITHIN AN RI-A DISTRICT. COMMISSIONER
DRIESSEN SECONDED THE MOTION. THE MOTION PASSED 3-0. COMMISSIONER BUSCH ABSTAINED.
Commissioner Busch and Commissioner Pearce recommended that the City Council write
in more latitute into the Ordinance, Section 900.06, General, whereby a variance
could be granted when a requestor had the support of the neighbor residents within
a reasonable distance of his property. A time limit should also be attached,
whereby the City Council and City Staff could exercise control.
4. Adjournment
The meeting was adjourned at 8:30 p.m.
Respectfully Submitted,
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