9.7. SR 08-21-1995/ ~
~Ik Ri
Issue
ITEM 9.7.
MEMORANDUM
~~~ TO: Mayor and City Council
FROM: Steven B. Ach, City Planner~,~~
DATE: August 21, 1995
.SUBJECT: Ordinance Amendment by the City of
Elk River, Public Hearing Case No.
OA 95-8
The City of Elk River is requesting to amend the Nonconforming Uses section
of the Zoning Ordinance relating to the amortization period of nonconforming
junkyards.
Background
This ordinance is being brought forward as a result of the Council directing
staff to increase the amortization of nonconforming junkyards from five years
• to 10 years. This particular request would apply to Custom Motors which
was involved with a rezoning approximately 1 year ago, making them a
nonconforming use. This ordinance amendment would allow Custom Motors
to continue operating for 10 years from the time of the rezoning as opposed to
the existing ordinance which provides for 5 years.
Planning Commission Recommendation
The Planning Commission recommended approval of the proposed ordinance
amendment as outlined in Ordinance No. 95-
Attachments
• Ordinance No. 95-
• Report to the Planning Commission dated July 27, 1995
Recommendation
It is recommended that the City Council approve Ordinance No. 95- ,
amending the zoning ordinance, increasing the number of years for
nonconforming junkyards to continue operating from 5 years to 10 years.
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13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
ORDINANCE 95 - _
• CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.34(5) OF THE CITY
OF ELK RIVER ZONING ORDINANCE
CASE NO.OA 95 - 8
The City Council of the City of EIk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Ordinance of the City of Elk River
is hereby amended to read as follows:
5. Nonconformin Tg unkvards. No junkyard may continue as a
nonconforming use for more than ten (10) yeazs after the effective date of __
this Ordinance, except. that a junkyazd may continue as a nonconforming
use in an Industrial District if, within that period, it is completely enclosed ~ ~ _ ~-
within abuilding, fence, screen planting, or other device of such height as ~_ _
to screen completely the operations of the junkyard. Plans of such a
• building or device shall be approved by the Planning Commission and the
City Council before it is erected or put into place.
Section 2. That this Ordinance shall take effect and be in full force. from
and after the date of its publication.
Passed and adopted this day of ,1995, by the City Council of the
City of Elk River.
Henry A. Duitsman, Mayor
ATTEST:
• Sandra A. Thackeray, City Clerk
s:ordinance:oa95-8
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ITEM 5.4.
Cit of MEMORANDUM ~ ~
y ~, Ole
ilk To: Planning Commission
River
FROM: Steven B. Ach, City Planner_.c~.B.rL
DATE: July 27, 1995
SUBJECT: Ordinance Amendment by the City of
Elk River, Public Hearing
Case No. OA 95-8
Request
The City of Elk River is requesting to amend the nonconforming uses section
of the zoning ordinance relating to the amortization period. of nonconforming
junkyards.
Background
This ordinance is being brought forward as a result of the rezoning of Custom
Motors from I1 to residential. With this rezoning, Custom Motors now
becomes a nonconforming use and is therefore subject to the city's ordinance
• regarding nonconforming junkyards. Currently, the amortization period for
nonconforming junkyards is five years. However, the City Council directed
staff to amend the zoning ordinance to extend that amortization period to ten
years, which would allow businesses like Custom Motors adequate time to
relocate to an appropriate site.
Attachments
Ordinance No. 95 -
Recommendation
It is recommended. the Planning Commission recommend approval of the
proposed ordinance amendment increasing the number of years for
nonconforming junkyards from five years to ten years.
S: Planning/PC/OA95-8
1306 Orono Parkway • P.O. Box 490 • Elk River. MN 55330 • (612) 441-7420 • Fax: (612) 441-7425