3.5. SR 10-02-2006
City of Elk River Item Number
REQUEST FOR CITY COUNCIL ACTION 3.5.*
Agenda Section I Meeting Date Prepared by
Consent October 2, 2006 Sheila Cartney, Senior Planner
Item Description Reviewed by
Adoption of findings of fact for denial, Home Depot General Jeremy Barnhart, Planning Manager
Planning Permit
Location
The Home Depot is located east of Trunk Highway 169, south ofWal-Mart, west of Twin Lakes Road
Introduction
At the September 18,2006 regular City Council meeting the Home Depot requested approval of a
General Planning permit to allow outdoor storage/display of nine accessory structures in the parking lot.
At the meeting the applicant indicated the request was no longer for a temporary display, but for a
permanent display. Based on the revised request it was determined a Conditional Use Permit is required,
the applicant was directed to withdraw the application and apply for a CUP. After recommendation by
the City Attorney the City Council denied the General Planning permit based on the new information and
need for a CUP.
Attachments
· Findings of Fact for Denial
City Council Action Motion by Farber
Second by Gumphrey
Vote 5-0
Follow Up Adopt Findings of Fact for denial.
RESOLUTION NO. 06-_
CITY OF ELK RIVER
A RESOLUTION DENYING GENERAL PLANNING PERMIT REQUEST GP 06-11,
AND ESTABLISHING
FINDINGS OF FACT THEREFORE
WHEREAS, application was made on August 24th, 2006 by Home Depot for
General Planning Permit approval pursuant to Section 30-939 of
the Elk River City Code of Ordinances, for the property legally
described as Lot 1, Block 1, The Home Depot Addition; and
WHEREAS, the application for approval (The Application) was referred to the
City Council; and
WHEREAS, the City Council conducted a public hearing on the Application,
after proper publication and due notice thereof as required by
ordinance and statute, on September 18, 2006; and
WHEREAS, Following completion of the public hearing, the City Council
made the following findings of fact with respect to the application:
1. The applicant indicated that the request is for a permanent
display; therefore, an amendment to the existing Conditional Use
Permit to the Home Depot is required.
2. The request was for a General Planning Permit was therefore
withdrawn by the applicant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Elk River, based on the findings of fact set forth above,
hereby denies the application for a general planning permit for
outdoor display.
Passed and adopted by the City Council of the City of Elk River this 2nd day of
October, 2006.
Stephanie A. Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk