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12-28-1981 PC MIN ELK RIVER PLANNING COM}IISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY DECEMBER 28, 1981 MEMBERS PRESENT: Commissioners Pearce, Tracy, Dreissen, Busch MEMBERS ABSENT: Commissioner Kreuser STAFF PRESENT: Rick Breezee, Building and Zoning Administrator 1. Meeting Called to Order The meeting was called to order by Chairman Tracy at 7:45 p.m. 2. Agenda The following change was made to the agenda for the December 28, 1981 Planning Commission meeting: Add Item 5~ - Conditional Use Permit Request for Gerry Bow- en to operate a fuel station at 356 Jackson Avenue in a C-4 zone. 3. Minutes The minutes of the November 30, 1981 Planning Commission meeting were approved as published. COMMISSIONER PEARCE MADE A MOTION TO APPROVE THE PLANNING CO~IISSION MINUTES OF NOVEMBER 30, 1981. CO~IISSIONER BUSCH SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Consider Zone Change for Area from Jackson Avenue to School Street and West of Highway #169. Chairman Tracy informed the Commission that this area has been discussed several times by both the City Council and the Planning Commission and has also been re- viewed at a special workshop session and that if there was no strong objections by the Commission, the discussion would be open to the public that was present at the meeting. Mrs. Arlyce Christeck asked the Commission if such a zone change would be from Highway #169 all the way west to Jackson Avenue. Chairman Tracy informed her that this is the reason for tonight's meeting. The Planning Commission is to establish such a boundary, if one is needed. Mrs. Christeck told the Commission that she was in favor of letting Mr. Dickinson build his extra storage garage for his business but that neither she nor her father Mr. Eno Schmidt, who also O\VllS land in the vicinity, are in favor of rezoning any of this area to commercial. Mr. Gary Santwire questioned the Commission as to why there was an additional need for highway/commercial when so much of the existing C-3 land is not being utilized or is under-utilized. Mr. Santwire felt that this was bad planning and that the City should wait to rezone property until there is a need and demand for such. Planning Commission Minutes December 28, 1981 Mr. Eno Schmidt and Mr. John Kuester, who also owns property along Highway #169, asked the Commission why they could not just let Mr. Dickinson build his garage. Commissioner Pearce informed the gentlemen that the area is zoned R-l and as such, Mr. Dickinson's business is a nonconforming use and also under the present ordinance, nonconforming uses cannot be expanded or enlarged. Chairman Tracy then informed them that spot zoning cannot be done because past requests have been denied and that this is bad in two aspects. The first be- ing the consistency with turning these past requests down and also this is bad planning procedures for any City to follow. COMMISSIONER PEARCE MADE A MOTION TO LEAVE THE ENTIRE AREA R-lb ZONED AND NOT TO CHANGE TO C-3/HIGIDvAY COMMERCIAL. COMMISSIONER DRIESSEN SECONDED THE MOTION. THE MOTION PASSED 3-0. COMMISSIONER BUSCH ABSTAINED. 5. Consider Zone Change for Area North of Railroad Tracks Intersected by Jackson Avenue North - Such Zone Change Shall be Called C-4. Mr. Breezee presented to the Planning Commission a map outlining the boundaries for such a C-4 zoned area and also a list showing what the principle accessory and conditional uses shall be in this C-4. Mr. Breezee also informed the Com- mission that the boundaries that \Vere on the map 'were ,giv.en to him by :tvfr. Zack Johnson, the City Planner, who has worked closely with the Elk River HRA Commit- tee in developing this zoned area. Discussion and review of the area followed. COMMISSIONER DRIESSEN MADE AMOTION TO ACCEPT THE BOUNDARIES FOR SUCH A C-4 ZONED AREA AND ALSO THAT THE AREA SHOULD BE CALLED C-4. THE BOUNDARIES ARE AS OUTLINED ON THE CITY OF ELK RIVER ZONING MAP. CO}~ISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 3-0. 5~. Conditional Use Permit for Gerry Bowen to Operate a Fuel and Food Service Op- eration at 356 Jackson Avenue within C-4 zone. Mr. Breezee informed the Commissioners that Mr. Gerry Bowen has applied for a conditional use permit to operate his fuel and food service operations out of 356 Jackson Avenue and that such an operation requires a conditional use permit under a C-4 zone which was just approved. COM:M:ISSIONER PEARCE MADE Af.'10TION'TO APPROVE THE CONDITIONAL USE PERM:IT FOR }fR. GERRY BOWEN TO OPERATE A FOOD AND FUEL OPERATION AT 356 JACKSON AVENUE. COMMIS- SIONER DRIESSEN SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Adjourrunent The meeting was adjourned at 9:00 p.m. Respectfully submitted, ";f2r ~Ja!--- . Z- Rick Breezee ~ " Building and Zoning Administrator RB : cl