9.3. SR 08-21-1995,. r -~
~~
ity of ~~
l~
River
TO:
FROM:
DATE:
ITEM 9.3.
MEMORANDUM
Mayor and City Council
Steven B. Ach, City Planner..~~~
August 21, 1995
SUBJECT: Conditional Use Permit Request by
Dan Smith, Public Hearing Case No.
CU 95-15
Issue
Dan Smith is requesting a conditional use permit for site plan review to
construct a Perkins Family Restaurant and Bakery within the Elk River
Retail Center Planned Unit Development.
Location
The northeast corner of Elk Hills Drive and U.S. Highway 169.
Zoning/Land Use
PUD (Planned Unit Development) / HB (Highway Business).
Attachments
• Revised development plans
• Report to the Planning Commission dated July 25, 1995
Background
The City Council approved the Elk River Retail Center Planned Unit
Development on November 21, 1994. One element of the approved
development plan for the PUD was a restaurant at the south end of the
project. Therefore, Perkins' request to construct a restaurant is consistent
with the approved PUD.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Dan Smith/Perkins Restaurant CUP
August 21, 1995
Page 2
Overview
• Dan .Smith is proposing to construct a 4,415 square foot Perkins Family
Restaurant and Bakery. This proposal can be viewed as "Phase 1" of the Elk
River Retail Center Planned Unit Development. Besides completing all on-
site improvements associated with the restaurant, Phase 1 will also include:
• Landscaping and berming along Dodge Street from the restaurant site
north to 189th Avenue as illustrated in the approved development plans.
• Construct the storm drainage pond at the south end of the project, and
• Associated landscaping/sodding around ponding area to give the area a
finished appearance.
Issues
• Hours of operation -One of the conditions of the planned unit
development as approved by the City Council was to limit the business
hours from 7 a.m. to 10 p.m., Monday through Sunday. However, this
condition did include a statement that the hours "may be subject to
revision at the time of site plan approval". Therefore, along with this
application, Dan Smith is requesting to have those hours amended
allowing the restaurant to operate beyond the approved limits. The two
options that were presented to the Planning Commission include the
following:
1. 5 a.m. to 1 a.m., Sunday through Thursday, and 24 hours on
weekends, including New Years.
2. 24 hours a day, 7 days a week.
The Planning Commission reviewed the hours of operation and
recommended the following:
Perkins may be allowed to operate 24 hours a day, 7 days a week for
six months, at which time the Planning Commission and City Council
will review the conditional use permit to discuss any issues that may
have arisen with the extended hours of operation.
Perkins will most likely want to discuss this issue with the City Council.
I suspect the six month review may present some concerns for Perkins.
• Proposed Flaepole -One of the items included on the proposed site plan is
a 70 foot flagpole. Flagpoles are commonly associated with Perkins
• Restaurants; however, the issue here is the height of the pole. The
residents immediately east of the project expressed concern with the
s:council:cu95.15
Dan Smith/Perkins Restaurant CUP Page 3
August 21, 1995
---------------------------------------------------
height and recommended that the flagpole be no higher than 35 feet. This
• recommendation is consistent with staff and the Planning Commission
recommendation. Further, 35 feet is consistent with the maximum height
requirements for signage in the C-3 (Highway Commercial) zoning
district. Please refer to the Planning Commission report for more
information on this issue.
• Site Plan Review - Included in the report to the Planning Commission is a
complete list of staff's comments regarding the proposed site plan. Staff
has met with Dan Smith to discuss the comments in the report and Mr.
Smith has agreed to include the comments as part of the revised plans.
The only condition that will not be made part of Phase 1 is the extension
of a sidewalk from Dodge Street to the restaurant. The developers have
asked that the sidewalk be included with the development of the next
building immediately north of the restaurant where there is more room to
construct the sidewalk and have less interference with parking and
driveways.
• Resident Concerns -Dan Smith and I met with some of the affected
property owners to discuss their concerns with the proposed restaurant.
The following is a summary of the residents' concerns, followed up with
the action that has taken place to address the specific concerns:
• 1. Location of driveway from restaurant onto Dodge Street.
Solution: The driveway from the restaurant has been located
in accordance with the development plans approved by the City
Council. Furthermore, the driveway is located directly north of
the home immediately east of the proposed restaurant which
places the driveway between the two homes east of Dodge
Street.
2. Headlights from vehicles either leaving the restaurant or
circulating on site.
Solution: Developer will install additional landscaping along
the west side of Dodge, and as part of the upgrading to Dodge
Street, additional landscaping can be strategically placed on the
west side of Dodge to assist those affected residents. The height
of the berm along Dodge will be maximized to screen the
vehicles from adjacent residents.
3. Increased traffic on Dodge Street.
Solution: This is the one concern that will be difficult to
address because traffic will naturally increase along with the
development of the property. However, the City Engineer has
proposed to the property owner immediately to the east that
s:councff:cu95-15
Dan Smith/Perkins Restaurant CUP
August 21, 1995
Page 4
their driveway can be restructured with aturn-around allowing
. them to pull directly out onto Dodge and not backing onto
Dodge.
4. Restaurant being open 24 hours a dam
Solution: The Planning Commission suggested that asix-
month review be implemented to consider any concerns from the
residents that may have arisen as a result of the restaurant
being open 24 hours a day.
5. Hours that trucks will be making deliveries to the restaurant
site.
Solution: As part of the conditions for approval it is
recommended that deliveries shall be made between the hours
of 7 a.m. and 7 p.m.
6. Height of the flagpole.
Solution: It has been recommended that the flag have a
maximum height of 35 feet which is consistent with the
development plans approved for the PUD, as well as signage in
the C3 (Commercial) district.
• 7. Architecture of the building having earthtone colors that will be
more compatible with the residential area.
Solution: Dan Smith of Perkins has agreed to incorporate a
color scheme that will be more compatible with the residential
area and is willing to paint the east side of the building an
acceptable color for the neighborhood.
Planning Commission Recommendation
The Planning Commission recommended approval of the conditional use
permit for Dan Smith to construct a restaurant with the conditions as
outlined in the staff report and with the following stipulations:
Hours of operation shall be 24 hours a day, 7 days a week, with the
condition that a public hearing will be held by the Planning
Commission after six months of opening of the restaurant, to
review the hours of operation.
• Deliveries shall be made between the hours of 7 a.m. and 7 p.m.
Recommendation
s:councff:cu95-15
Dan Smith/Perkins Restaurant CUP Page 5
August 21, 1995
It is recommended that the City Council approve the conditional use permit
for Dan Smith to construct a 4,415 square foot restaurant facility within the
Elk River Retail Center Planned Unit Development with the following
conditions:
1. All comments stated in staff s memo to Planning Commission, dated July
25, 1995, be incorporated into the review plans.
2. Comments from the city engineer in the memo dated July 17, 1995, be
incorporated into the revised plans.
3. The proposed restaurant may not receive a certificate of occupancy until
the road improvements to Dodge Street and Elk Hills Drive are
substantially .completed.
4. Hours of operation shall be 24 hours a day, 7 days a week, with the
condition that a Public Hearing will be held by the Planning Commission
after six months of opening of the restaurant, to review the hours of
operation.
5. Deliveries shall be made between the hours of 7 a.m. and 7 p.m.
6. .The proposed flag pole have a maximum height of 35 feet which is
consistent with signage in the C3 zoning district and as represented on the
• approved development plans for the PUD.
7. All conditions set forth in the Planned Unit Development Agreement for
Elk River Retail Center be made part of this permit.
8. The final plat, developer's agreement and PUD agreement shall be
executed and recorded prior to issuance of a building permit.
9. Four sets of revised plans which incorporate the conditions for approval
be submitted to the Planning Department for review prior to issuance of a
building permit.
s:council:cu95-15
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ITEM 5.2.
MEMORANDUM
ver TO: Planning Commission
FROM: Steven B. Ach ~,~
City Planner
DATE: July 25, 1995
SUBJECT: Conditional Use Permit by Dan
Smith (Perkins), Public Hearing
Case No. CU 95-15.
Request
Dan Smith is requesting a Conditional Use Permit for site plan review, to
construct a Perkins Family Restaurant & Bakery within the Elk River Retail
Center Planned Unit Development.
Location
The northeast corner of Elk Hills Drive and U.S. Hwy. 169.
Zoning/Land Use
PUD (Planned Unit Development)/HB (Highway Business).
Attachments
• Memo .from the City Engineer
• Zoning Map
• Development Plans
• Conditions of Approved Conditional Use Permit for Planned Unit
Development
Background
The Planning Commission and City Council have both approved the
Conditional Use Permit and plat for the subject Planned Unit Development..
Similar to Elk Park Center and Hillside Crossing Planned Unit
Developments, each "phase" of the development is required to obtain a
Conditional Use Permit for site plan review. Therefore, Perkins is requesting
the necessary permit to allow the construction of a 4,500 square-foot Family
Restaurant.
S: Planning/CU95-15
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo To The Planning Commission
July 18, 1995
Overview
`•
Page 2
Dan Smith is proposing to construct and operate the 4,415 square-foot
Perkins Family Restaurant & Bakery. The facility will be situated on Lot 1,
Block 1 of Elk River Retail Center Planned Unit Development. This lot is the
southern-most parcel that is developable within the Planned Unit
Development. In reviewing this request, pertinent conditions that were
approved as part of the preliminary and final plat, as well as the Conditional
Use Permit for the Planned Unit Development, will be applied unless
otherwise amended by the City Council.
This proposal for the Restaurant facility can be considered as the first phase
of the Flanned Unit Development. In addition to the restaurant site itself,
staff believes that this first phase should also include enhancement of the
landscape buffer..area along Dodge Street along Lots 2, 3, & 4. Enhancement
of the area at this time will meet the concerns of the neighborhood. and
provide an aesthetically pleasing appearance along Dodge Street. Additional
improvements will include the construction of the storm drainage pond at the
south end of the property, and the necessary infrastructure to direct storm
drainage to the pond. This improvement will have to be done. at this time to
accommodate the storm water needs generated by the proposed restaurant.
Hours Of Operation
One of the conditions for the Planned Unit Development, as approved by the
City Council, was to limit the business hours from 7 AM to 10 PM, Monday
through Sunday.; however, the condition did go on to state that these hours
"may be subject to revision at the time of site plan approval." Therefore, Dan
Smith and Perkins Restaurant is requesting to amend those hours, for the
restaurant facility to allow the restaurant to operate beyond the approved
limits. The following are two options the applicant has discussed with staff
for the restaurant hours:
1. 5:00 a.m. to 1:00 a.m. Sunday through Thursday and 24
hours on weekends; including New Years.
2. 24 hours a day, seven days a week.
The Planning Commission should be prepared to discuss this issue, to
determine if Mr. Smith's request to amend the hours is acceptable. It should
be pointed out that the expanded hours would not apply to any of the future
retail uses, just the restaurant facility at this time.
S: Planning/CU95-15
Memo To The Planning Commission
July 18, 1995
Proposed Flag Pole
Page 3
Included on the plans is the proposal fora 70-foot flag pole, which is
commonly found along with a Perkins Restaurant. The issue that staff would
like to raise is not related to the flag, rather the proposed height of the pole,
which would be 70 feet high. Elk River Utilities has raised the concern that
a flag pole of this height be located far enough away from the overhead lines
that exist along Hwy. 169. In addition, one of the issues associated with
reviewing the planned unit development was the height of the structures as
they relate to the residential area east of Dodge Street. A flag pole of 70 feet
will undoubtedly be much higher than any of the proposed buildings (Perkins
is proposed to be 16 feet high), and will most likely be visible from the
residential area to the east. Staff would suggest that the Planning
Commission consider recommending a flag pole that has a height no higher
than a permitted free-standing sign in the C3 (Commercial District) zoning
district. The maximum height of this pole would then be 35 feet in height
and would not interfere with any of the electrical lines along Hwy. 169. In
addition, the flag pole would be in scale with the rest of the Planned Unit
Development and development in general along Highway 169 corridor.
Site Plan Review
As mentioned above, the Conditional Use Permit is for a site plan review for
the proposed restaurant. The following are a list of comments staff has put
together regarding the proposed plans:
A. Use
1. The proposed restaurant is consistent with the approved
Planned Unit Development Agreement and Development
Plans for the Elk River Retail Center Planned Unit
Development.
B. Site Plan
1. A complete lighting plan shall be submitted for review
prior to issuance of a Building Permit. All on-site lighting
shall be down-lit and not impact the adjacent residence.
2. The selected lighting standard shall be consistent with
those approved for the Planned Unit Development.
3. Plans shall clearly indicate how improvements along the
adjacent property line will be addressed as part of this
first phase.
4. The landscaping and grading plans will need to be
expanded to include the landscaping area along Dodge
$: PlanningJCiJ95-15
Memo To The Planning Commission
July 18, 1995
Page 4
Street. Enhancement of this landscape buffer area
should occur along with the first phase of the Planned
Unit Development. In addition, storm water drainage
pond on the extreme south end of the project will also
have to be included with the first phase.
5. A letter from the United Power Association must be
submitted, stating UPA's authorization to use their utility
easement for parking and landscaping purposes. Also if a
sign is proposed within this easement, this should also be
included and approved by UPA.
C. Parking & Circulation
1. More detail describing what improvements will be made
part of phase one for the parking area between the
.. restaurant and future auto/retail site will need to be
provided. It may be appropriate at this time to utilize a
bituminous curb along those areas where a future drive
isle will be extended, and complete with curb and gutter
those portions of parking islands within the parking lot
that will not change in the future.
2. Vehicles utilizing parking stalls #25 and #18 have the
potential of conflicting with each other. It is
recommended that one or both of these stalls be
eliminated.
D. Landscaping
1. The berm along Dodge Street should be increased in
height. The development plans presented to the Planning
Commission and City Council for the Planned Unit
Development illustrated a higher berm than is proposed.
2. The number of conifers along Dodge Street should be
increased by three or four, to maximize the amount of
buffering between the. restaurant and residential area to
the east.
3. The number of over-story trees proposed is less than the
City's standard landscaping requirements. However, this
deficit in quantity can be offset by increasing the size of
the trees, to meet the City's requirements.
4. Underground irrigation shall be provided throughout all
landscaped areas.
5. Additional landscaping shall be provided on both sides of
the trash enclosure.
S: Planning/CU95-15
Memo To The Planning Commission Page 5
July 18, 1995
E. Pedestrian Circulation
1. In order to encourage and provide safe pedestrian access
to the restaurant, a sidewalk should be extended from
Dodge Street, which can be connected with the internal
pedestrian system, providing safe and convenient
accessibility to the restaurant.
2. All sidewalks adjacent to the parking areas will need to a
m; n;mum of six feet in width.
F. Drainage & Utilities
1. Please refer to the attached Memo from the City
Engineer, dated July 17, 1995.
2. Elk River Utilities and the Waste Water Treatment Plant
.. Superintendent have indicated that separate utility lines
for water and sewer shall be provided to each building.
The plans currently show one utility line coming into the
property and dividing off to serve the restaurant at this
time, and ultimately the future Auto Retail Building. As
the City Engineer has pointed out in his Memo, this type
• of private system presents problems for the City, and
should be resolved by providing individual services to
each building.
G. Fire Protection
1. Adequate fire hydrants will have to be provided on site.
The previous Development Plans illustrated a fire
hydrant in close proximity to the proposed restaurant.
The Fire Chief has indicated that this is an acceptable
location and should be included on the plans. Since this
fire hydrant and the water line, provided to the fire
hydrant, are public utilities, a drainage utility easement
should be provided over those areas where the fire
hydrant is located.
H. Signa~e
1. All signage shall be consistent with the approved PUD
agreement.
I. Architecture
S: Planning/CU95-15
Memo To The Planning Commission Page 6
July 18, 1995
1. As part of the PUD guidelines, a common design or
material will be required throughout the development.
The proposed restaurant should be prepared to meet these
guidelines.
Recommendation
It is recommended the Planning Commission recommend approval of the
conditional use permit for Dan Smith with the following conditions:
1. All comments stated in staff s memo to Planning Commission, dated
July 25, 1995, be incorporated into the review plans.
2. Comments from the city engineer in the memo dated July 17, 1995, be
incorporated into the revised plans.
3. The proposed restaurant may not receive a certificate of occupancy
until the road improvements to Dodge Street and Elk Hills Drive are
completed.
4. Hours of operation be determined by the Planning Commission and
City Council.
5. The proposed flag pole have a maximum height of 35 feet which is
consistent with signage in the C3 zoning district and as represented on
the approved development plans for the PUD.
6. All conditions set forth in the Planned Unit Development Agreement
for Elk River Retail Center be made part of this permit.
7. The final plat, developer's agreement and PUD agreement shall be
executed and recorded prior to issuance of a building permit.
S: Planning/CU95-15
July 17, 1995
CONSULTING~VGINBERS File: 230-278-11
1326 Energy Park Drive
St. Paul, MN 55108 Mr. Steve Ach
612-644-4389 City Planner
1-800-888-2923 City of Elk River
Fax: 612-644.9446 13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: PERKINS SITE PLAN REVIEW
Dear Mr. Ach:
As requested, we have reviewed the submittal package for Perkins. It consisted of a site
plan and a grading and drainage plan prepared by Westwood Professional Services, Inc.,
and dated June 27, 1995. Based on my review, I would offer the following comments.
CIVIL ENGINEERING
ENVIRONMENTAL 1. The parking lot in the southwest corner has two stalls that will be very difficult to
ICIPAI
~ get lri and out of if either one is occupied. These two stalls need more separation
NING between them.
SOUD WASTE
STRUCTURAL 2. There are stalls provided for in the north part of the site which are deeper. These
suRVEYINC are mainly for travel vehicles or someone pulling a trailer. It would be nice if the
TRAFFIC corresponding shallow stalls on the other side were made to line up with these stalls
TRANSPORTATION so that a vehicle could pull straight through.
ELECTRICAL/MECHANICAL
ENGINEERING:
3. There will be a need for a sidewalk easement on the east side along Dodge Avenue.
Hvnc The sidewalk easement is needed over five feet of the drainage and utility easement.
POWER DISTRIBUTION
SCADA 4. The storm sewer outlets to the pond immediately south of the development.
SYSTEM CONTROLS Erosion protection of some type needs t0 be provided at the outlet of the two pipes.
5. Sewer and water are shown to be provided by connecting to the existing facilities
which run along TH 169. The sewer and water are shown to provide service to
both the Perkins site and a future auto user. By using the same line to provide
service to two buildings, it causes several problems. First, if there is nonpayment
of the water bill, there must be a way to shut off the water service. If it is shut off
to one, it is shut off to both. Second, if one of the services is clogged, it will be
difficult to tell who is the cause of the problem. It would seem to be better to
~FFICES w: provide services independent to each building.
~ICfINNEAPOIIS
PRIOR LAKE
ST. PAUL
WASECA
Mr. Steve Ach
7uly 17, 1995
Page Two
The site should be provided with hydrants adequately spaced around the facilities
to fight fire. They could either be provided independent of these water services or
could provide a hydrant off the water service, in which case the line would be
public up until the hydrant and then it would be private.
6. There is a berm along the frontage with Dodge Avenue. It is questionable whether
the berm is high enough. Essentially the berm will be 2-21h feet high. I believe
this is slightly less than was shown for the overall plat.
If you have any questions regarding these comments, please call.
Sincerely, ,.
MSA, CONSULTING ENGINEERS
~-
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Terry 7. Maurer, P.E.
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STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
In the matter of: Elk River Development, Inc.
CITY OF ELK RIVER CITY COUNCIL
CONDITIONAL USE PROCEEDINGS
Request: Conditional Use Permit Approving a Development Plan for a Commercial
Planned Unit Development (Case No. CU 94-30).
,~~~.39s
ORDER GRANTING
CONDITIONAL USE
E!k River Development, Inc., Owner
The above entitled matter came to be heard before the City Council on the 21st
day of November , 1994, on a petition for a Conditional Use pursuant to the City of Elk
River Zoning Ordinance, for the following described property:
Outlot A, Deertield 3rd Addition
•
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or
reasons:
1• A PUD (PLANNED UNIT DEVELOPMENT) AGREEMENT BE PREPARED AND EXECUTED
INCLUDING BUT NOT LIMITED TO THE FOLLOWING STANDARDS:
A. A TOTAL OF 29,680 SQUARE FEET OF BUILDING AREA BE ALLOWED.
B. ALLOWABLE USES INCLUDE THE PROPOSED USES SHOWN ON THE PLAN
AND.THOSE LISTED IN THE C2 ZONING DISTRICT.
C. BUSINESS HOURS BE LIMITED TO 7 AM TO 10 PM, MONDAY THROUGH
SUNDAY AND BE SUBJECT TO REVISIONS AT THE TIME OF SITE PLAN
APPROVAL.
D. ALL OTHER ELEMENTS SHOWN ON THE PROPOSED SITE PLAN BE INCLUDED
AND MADE PART OF FUTURE APPROVALS.
E. TERMS AND CONDITIONS FOR ADMINISTERING DEVELOPMENT OF THE PUD.
2. ALL FUTURE SITE PLAN PROPOSALS BE REVIEWED THROUGH THE CONDITIONAL
USE PERMIT PROCESS.
3• ALL COMMENTS WITHIN THE Planning Commission REPORT DATED AUGUST
23, 1994, AND TERRY MAURER'S MEMO DATED AUGUST 18, 1994, BE
INCORPORATED INTO 7HE DEVELOPMENT PLAN AND APPROVAL OF THIS
CONDITIONAL USE PERMIT.
4. GUIDELINES FOR SIGNAGE FOR THE PLANNED UNIT DEVELOPMENT CONSIST
• O F:
A• ONE MONUMENT STYLE SIGN IDENTIFYIN `~~4396
• MAXIMUM HEIGHT OF TWENTY (20) FEET AND VII DTH OF E FTE NEN S WITH A
B. ONE MONUMENT STYLE SIGN IDENTIFYING THE RESTAURANT WITH
MAXIMUM HEIGHT OF TEN (10) FEET AND AREA OF ONE ( )FEET.
SQUARE FEET. A
C• WALL SIGNAGE CONSISTING OF INDIVIDUAL LETTER HUNDRED (100)
LETTER HEIGHT OF THREE (3) FEET, S WITH A MAXIMUM
5• ACCESS POINTS OF THE DEVELOPMENT INCLUDE ONE AT 189TH AVEN
ONE AS FAR SOUTH AS POSSIBLE BASED ON FINAL IMPROVEMENT PLANS FND
DODGE AVENUE AND HIGHWAY 169 INTERSECTION, OR
6• ALL PARKING AREAS BE BOUNDED BY 8612 CONCRETE
CURB AND GUTTER.
~• ~ EARTH BERMING BE MAXIMIZED ALONG THE EAST PORTION OF THE
BUFFER THE COMMERCIAL FROM THE RESIDENTIAL AREA. SITE TO
8• THE LANDSCAPING PLAN INCLUDE A VARIETY OF LANDSCAPE
WITH AN EMPHASIS OF CONIFERS ALONG THE EAST PORTION OF THE.
PROPERTY WITH A VARYING SIZE OF SIX TO EIGHT 6_8 MATERIAL
ADDITIONAL LANDSCAPING BE INCLUDED WITHIN THE LANDSCAPED AREA•
ALONG HIGHWAY 169.
9• A LANDSCAPING THEME BE ESTABLISHED AND INCORPORATED INTO
DEVELOPMENT. THE
. 10• THE EXISTING TREE AT THE SOUTH END OF THE SITE BE SAVED A
INCORPORATED INTO THE DEVELOPMENT. ND
11. UNDERGROUND IRRIGATION BE UTILIZED THROUGHOUT THE DEVELOPMENT
12. PROPOSED BUILDINGS ESTABLISH ARCHITECTURAL CONTINUITY
ENHANCED TO MEET INTENT OF THE PUD ZONING DISTRICT. AND
13. ALL DELIVERY AND SERVICE VEHICLES SHALL BE RESTRICTED TO U
SOUTHERLY DRIVEWAY TO THE DEVELOPMENT AND SHALL ENTER FRONG THE
EXIT TO THE SOUTH. M AND
DATED thiso~c~~day of ~`' ,,
~, 1994.
•
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~~43ss
STATE OF MINNESOTA )
COUNTY OF SHERBURNE) ss.
CITY OF ELK RIVER )
OFFICE OF CITY PLANNING AND ZONING
CITY OF ELK RIVER
I, Steven B. Ach, City Planner for the City of Elk ~Zia,.~'m,~i#~y~ =~~n for
said City, do hereby certify that I have compared the foregoing. copy and
Order ~ granting a Conditional Use with the original record thereof
preserved in my office, and have found the same to be a true transcript of
the whole thereof.
If the proposed work described in a conditional use permit has not
been substantially completed within two (2) years after its date of
issuance, the Kermit shall expire and become void except that the
Council may, following recommendations of the Planning Commission,
extend the permit for an additional period determined by the council on
the receipt of a request for a permit extension prior to its expiration. A
Conditional Use permit authorizes only the use specified in the permit and
shall expire if, for any reason, the authorized use ceases for more than one
• (1) year.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk
River, Minnesota in the County of Sherburne, in the City of Elk River, on the
day of ~_ ~~s~.J 19 ~cj
DRAFTED BY:
City of Elk River
Elk River, Minnesota 55330
0®ORAH KAY q~
• rotMr
w carpe
Signed before e a NOTARY PUBLIC
this °2~~day of .~~ ~ q ~~/
1
C:yLL
~,~.~~ ~ ~. r~~.n, miry runner