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08-24-1981 PC MIN ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY Monday, August 24, 1981 Members Present: Commissioners Tracy, Pearce, Driessen, Busch, and Kreuser Staff Present: Rick Breezee, Building and Zoning Administrator 1. Meeting Called to Order The meeting was called to order by Chairman Tracy at 7:32 p.m. 2. Agenda Item #6~, John Judge-Conditional Use Permit Request, was added to the agenda. 4. Minutes The minutes of the July 27, 1981 meeting were approved as published. 4. Eagles Club Zone Change James Nord, treasurer for the Eagles Club was present for this request. He would like the zone changed from 1-1 to C-l to enlarge their building to pro- vide bathrooms upstairs for their senior members. The original request was to enlarge it 20' by 63' long, but in the interest of saving the Club money, they decided to expand only 10'. Rick Breezee explained to the Commissioners that the building is a rton-conforming use and that the building ov~t.runs onto a road easement by 2~ to 3'. This easement was dedicated by the Burlington Northern Railroad to the City on June 14, 1947. The City has no immediate plan for a road through there. Commissioner Dreissen said this easement could be used for a south entrance to the industrial area. The Commissioner discussed the building overrun and possibly issuing a condition on the zone change that this property revert back to the original zone after the property is sold. (The Eagles Club intends to eventually sell and build or buy another building.) It was decided that this would not be feasible. COMMISSIONER PEARCE MOVED THAT THE PLANNING CO}lliISSION RECOMMEND TO THE COUNCIL THE REZONING TO C-I BE DENIED. COMMISSIONER KREUSER SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. Northern Natural Gas Company Lot Size Variance Request Pete Moline and John Ripson representing Northern Natural Gas were present for this request. They were basically interested in finding out what was needed to get a variance request through the Planning Commission and City Council. The reason for the request was for a smaller lot than what is allowed in an I-I zone. This lot would be used for a metering station for future gas lines in the area. Mr. Breezee informed the Planning Commission that the City staff would have to recommend denial for such a variance because of the stipulations within the ordinance could not be met. He informed the Commission that if Northern Natural Gas could obta~~as~ment or long-term lease agreement from the Elk River Industrial CorpofaEIQU, they could do what they intend to do on the land as long as they maintain a five foot setback with the accessory structure. Planning Commission Minutes August 24, 1981 Page T\vo Mr. Breezee informed Northern Natural Gas that it is the City's intent to work with them in every way possible. Mr. Ripson said he \vould like the Commissioners to deny the request and give the reasons \vhy. COMMISSIONER PEARCE MOVED THAT TIiE PLANNING COMMISSION RECOMMEND TO THE CITY COUNCIL THAT A BUILDING PERMIT BE DENIED WITH THE REASON BEING THAT THIS IS AN ISOLATED PIECE OF LAND NEXT TO AN EASEMENT AND THE LOT ~\fHICH EXTENDS SOUTH OF THIS PIECE OF LAND WOULD MAKE A HOLE IN THE PERIMETER LOT AND MAKE A VERY A\\fK1~ARD THING. TO . DEAL \vITH ON AN 01VNERSHIP BASIS. COMnlISSIONER BUSCH SECONDED THE MOTION. THE MOTION PASSED 4-0. Mr. Breezee will provide Mr. Ripson with a letter stating denial reasons and a copy of the minutes. 6. Additional Memorandum to Northern Natural Gas Variance Request This item was taken care of in Item #5. 6~. John Judge-Conditional Use Permit Mr. John Judge was present for this request. He intends to operate a taxi service out of his home. Mr. Breezee stated that Mr. Judge meets all the standards set forth in the home occupation clause. The Commissioners dis- cussed the hours of operation limitation and would like to see it go through without the home occupation clause and no time limit. Mr. Breezee informed the Planning Commission that it is the oplnl0n of the City staff that Mr. Judge is operating a home occupation and that this item be discussed as such. COMMISSIONER DRIESSEN RECOMMENDED TO THE CITY COUNCIL THAT }'fR. JUDGE BE ALLO~\TED TO OPERATE ONE (1) TAXI FROM HIS HOME GARAGE WITHOUT CONDITIONS BOUND TO THE HOME OCCUPATION CLAUSE OF THE CITY ORDINANCE AND THAT THE ONE HUNDRED DOLLAR ($100) FEE BE REFUNDED BECAUSE OF THE ABOVE WORDING. COMMISSIONER PEARCE SEC- CONDED THE MOTION~ THE MOTION PASSED 4-0. 7. Other Business -Commissioner Busch requested the Planning Commission members presence at the next Housing and Redevelopment Authority meeting to be held September 3. -The Commissioners bro~tto Mr. Breezee's attention several ordinance violations to be checked out by him. 8. Adjournment The meeting was adjourned at 8:45 p.m. Respectfully submitted, Rick Breezee Building and Zoning Administrator RB:cml