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3.5. SR 07-17-2006 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Consent A enda ul 17, 2006 Item Description Conditional Use Permit CD 04-19) Extension Re uest Item Number 3.5.* Prepared by Chris Leeseber Reviewed by erem T Barnhart Introduction The applicant received Conditional Use Permit approval August 16, 2004 to construct a 1:vlotor \' emcle Repair Shop (Abra Auto Body & Glass) at the north east comer of Line Ave and 183rd Circle. Tile City ordinance states, (if the proposed lV011e described ill a conditional use pel7JJit has Jlot beeJl substantiallY cOJJpleted lvithill two )'ears after its date of issuance, the peliJJit shall expire and becoJJJe void, except that the cot/ncil JJJq)', folio)ving reco/J1JJlendatioJ1 of the planning C01JltJlissioJl, extend the perlJlit for an additional pen"od deteJ7JJined L?J the cot/ncil on the receipt of a request for a pertJJit extension pJ7"or to its e.:piration. A conditional use pe17JJit authol7"zes 011/)' the lIse peczjied in the pe17Jlit and shall expire if, for al!J' reason, the authorized use ceases for lJJOre than six lJl0Jlths. For se,reral reasons, tile applicant is requesting an extension to tlleir Conditional Use Permit for a period of one year (August 16, 2007). Attachments . Request for Extension Letter Planning Commission Action Staff and tlle Planning Commission believe the request still complies with the standards set forth in Section 30-654, Standards for Issuance of Conditional Use Permits. The Planning Commission unanimously recommended appro\ral of the request. Action Requested Staff and the Planning Commission recorrunended the City Council appro\re the request to extend Conditional Use Permit (CD 04-19) to August 16,2007. Planning Commission Action i\Iotion by _ Second by _ \Tote Follow Up S:\PL:\l'JNING\Case Files\2004\CU 04-19 PlanScape Partners\CUP Extension_CC.doc UVONIA PROPERTIES, LLC 25055 - 136TH ST ZIMMERMAN/ MN 55398 . 612-685-0665 August 10, 2006 Mr. Chris Leeseberg City of Elk River 13065 Orono Parkway Elk River, MN 55330 FilE COpy Dear Mr. Leeseberg: A Conditional Use Permit (CUP) was approved on August 16, 2004, for Case #CU-04-19, as submitted on my behalf by PlanScape Partners. This CUP allowed construction of an auto body repair facility on my property, subject to certain conditions. One of those conditions was that construction had to be completed by August 16, 2006. As the result of a number of issues, such as the cyclical business nature of the auto body repair industry, construction contract and lender negotiations and existing building lease considerations, the timing of our project has been delayed. As a result, we were not able to begin construction as we had anticipated and will not complete the project by the required August 16 deadline. Therefore, we respectfully request an extension of the CUP approval for a period of one year. I~ is our intent to commence construction later this year so that construction can be complete and the building can be occupied in advance of the proposed August 16, 2007 deadline. We appreciate your consideration and look fonvard to moving forward with the project. If you have any questions about the timing of the project, please do not hesitate to call me at (763) 241-9500. . Thank you. Sincerely, S, LLC ~ Di~~ 1rPE: RECE~V~g - -:J;fy I~LDo(_