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3.5. SR 10-07-1996**ITEM 3.5. ** ty of E ver FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Steven B. Ach, City Planner~J~ October 7, 1996 Consider Initiating Ordinance Amendment Staff has recently received a letter from Jim Mulvahill who is representing Tom and Sarah Hartman and is asking the city to amend the C4 (Neighborhood Commercial) zoning district to allow gasoline/convenience stores. When the C4 zoning text was presented to the Planning Commission and City Council, this particular use was not included; however ff the Council would like to direct staff to consider amending the ordinance to allow this particular business, staff would prepare an ordinance amendment for the Planning Commission and Council to consider to allow gas stations/convenience stores as a conditional use permit in the C4 zoning district. Recommendation The City Council is asked to direct staff to initiate an ordinance amendment to include gas stations/convenience stores as a conditional use in the C4 (Neighborhood Commercial) zoning district. Attachment Letter from Jim Mulvahill s:\council\oa96-14.doc 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 LUTHER, HECKT, CAMERON & MULVAHILL, P.L.L.P. ATTORNEYS AT LAW 750 CARLSON CENTER 601 LAKESHORE PARKWAY MINNETONKA, MINNESOTA 55305 TELEPHONE (612) 449-4141 TELECOPIER (612) 449-4149 July 1, 1996 Hr. Steven B. Ach City Planner, City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 VIA FAX RE: C-4 Zoning Classification Dear Steve: This letter will confirm that in the new C-4 neighborhood commercial zone recently created by the City of Elk River it was the intention of the city to include as a conditional use motor vehicle service and convenience stations such as those currently in existence at the intersection of Highway 10 and Joplin such as the Holiday Store and Cenex station. This will confirm that the definition of motor vehicle specialty service station will be modified to meet with this intent. As I indicated to you, my client, Tom Hartman, was informed at the meetings he attended relating to this matter that Holiday Station stores and similar gas convenience stores would be considered a conditional use under this definition. It is my understanding that the outdated definition of motor vehicle specialty service station will be modified so that the intent of a new C-4 neighborhood commercial zone will be properly implemented. Thank you for your ongoing cooperation regarding this matter. Very truly yours, JPM/mj d Enclosures cc: Tom Hartman doc~hartman, sba /es' P. Mulvahill