1988-04-26 - Laserfiche WebLink

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I I I Council Meeting Minutes April 26, 1988 Mattila briefly reviewed staff report concerning the request for a front yard setback variance to construct a single family home twenty feet from the 12th Avenue right-of-way. Motion by Williams, seconded by Larson, to WAIVE THE READING AND ADOPT A RESOLUTION APPROVING VN-263. 5 Ayes - 0 Nayes, Motion Carried Mattila reviewed staff report concerning a request for a prelimi- nary plat approval to create four industrial lots and explained since the Planning Commission's meeting staff has some concern that the proposed right-of-way would allow the public to travel closer to an existing non-conforming use, thereby exposing the storage of aggregate materials (presently it is located further off Old Highway 8 and is somewhat remote from the public view) and staff is, therefore, prepared to continue the item until further consideration has been given to the request. LeFevere stated that approving a preliminary plat, assuming the conditions are met, means final plat would have to be approved which will allow the sale of the new Lots Two and Three to public parties; the asphalt plant on Lot Four is currently a non-conform- ing 11se in that zone. LeFevere noted the st~ff repor~ states representation was made by the applicant that when the aggregate and other materials sto~edon the site were exhausted, the plant would move to Elk River. LeFevere noted the~e are no conditions to that affect in the resolution which raised a question as to whether or not the proposed plat would be suitable in the 9vent the asphalt plant continued to operate. Following LeFevere's discussion with Locke and Mattila, it appeared the Planning Commission probably did not give enough consideration to those issues. LeFevere explained he is hampered a bit because he is not familiar with the site, the operation of the facility and its impacts, or the proposed plat. LeFevere stated there are questions about whether or not non-con- forming uses would be created that currently do not exist; council may wish to not approve a preliminary plat if, for example, a proposed road would be constructed five feet from an existing building, in which case a condition may be included to remove the building. LeFevere indicated the performance standards for sensitive industrial zones and/or City Code it requires: A development have no adverse affect on adjacent land due to unsightliness, noise, odor, dust, smoke, glare, etc.: cur- rently, whatever the effect is of the existing use on adjacent properties does not include the impact on what will be Lots Two and Three (if there are impacts of those kinds, council may be exacerbating what may already be a non-conforming use but perhaps creating new problems as well). Page 6 VN-263 Moylan Report 88-i23 Resolution 88-42 PL-172 Walburn Industrial Park Report 88-124 Report 88-125