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02-03-81 CCM
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02-03-81 CCM
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Minutes, Lake Elmo City Council meeting, Feb. 3, 1961 <br />page four <br />(Amendment to Zoning Ordinance, Tree trimming) - Mottaz said per- <br />mitting changes in use and the construction of buildings for that <br />use were permanent, even if done under.a Conditional_Use Permit. <br />He said that, in his opinion, this type of use is clearly commer- <br />cial and should be permitted in commercially zoned areas only, <br />not in AG by Conditional Use Permit. <br />Mayor Eder said he was concerned that constructing a large building <br />to operate a tree trimming service was a permanent change in land <br />use; and that future owners might be in a different non -permitted <br />use. The building permanently changed the character of the area. <br />Michels said the Planning Commission recommended the CUP in AG, <br />as rezoning this to General Business would have permitted far more <br />than a simple pole building and tree trimming service. Any GB use <br />would have been permitted; and the Planning Commission wanted to <br />discourage this. He also said there is a general feeling that some <br />commercial zoning will be appropriate along Hwy, 36 in the future; and <br />that temporary uses like the tree trimming services were appropriate. <br />Bob Briggs, attorney for the Klawi.tters, explained that the CUP limited <br />the Klawitters to just this use, could limit the number of buildings <br />and the use of the property; and was not the same as rezoning to general <br />Business. He also said the property was not real suitable for residential <br />or Agricultural use because of the soils, the power line, the highway <br />and the terrain. He said there are virtually no trees to screen this <br />from the highway; and there is a large drainage area and pond which <br />limit the use of the land. He said there are businesses to the <br />north and west of this property now. He said the present buildings <br />are not adequate for the Klawitter's operation. <br />Morgan said there was a lot of discussion about alternative land uses <br />in this area two yearn ago; and while the Comp. Plan was being prepared. <br />He said the Council agreed at that time that commercial uses were not <br />appropriate for the planning period. <br />Mottaz said this permit was really a rezoning to general business no <br />matter what you call it; and that he is opposed to general business <br />along the Hwy. 36 corridor. <br />Mottaz moved, seconded by Morgan, to disapprove the Amendment to the <br />Zoning Ordinance which would have permitted "Tree trimming services" <br />by Conditional Use Permit in the AG zone. Motion carried 4--0. <br />C. Klawitter Rezoning and CUP for Tree Trimming Service - Based on <br />the Ubave discussion, Mottaz moved, seconded by Morgan, to deny <br />the Klawitter's request to rezone property at 9839 60th St. No. to <br />AG; and deny their request for a Conditional Use Permit in AG for <br />a Tree Trimming Service. Motion carried 4-0. <br />ADMINISTRATOR'S REPORT: <br />A. Handled earlier in meeting. <br />B. Fees for Fire Department services will be discussed February 17, 1981. <br />Whittaker asked the Council if the would like to re-examine the definitions <br />and regulation in the AG in light of the Kl.awitter application. The Council <br />agreed that they would like to meet with the Planning Commission to clarify <br />
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