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LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 1984 PAGE 5 B. Bruce Buetel - Application for side yard and rear yard •setbacks variances. (Application withdrawn) C. Public Hearing - Richard Moris' application for rezoning from R1 to GB at the SE corner of CSAH 17 and the rail- road tracks. Pursuant to published notice, this public hearing was opened at 8:15 p.m. in the council chambers. Mr. Moris reviewed his plans for an antique store at this location. John Schiltz, adjacent property owner, stated that he could not think of a better business to bring into town. The Engineer stated his concerns were the use of the septic system. If it is just a business, there would be very little use of the system. Mr. Moris stated his proposed hours are from 10:00 a.m. until 6:00 p.m., Wednesday thru Sunday. The Planning Commission indicated at their meeting that they were concerned about the lack of control over future business at this location if the antique shop was not successful. Fraser stated that her concerns were future control of the site should Mr. Moris sell. Because of that, she would look more positively towards a CUP. Eder stated that in this case, the council is not primarily opposed to the rezoning; the only reason we would not rezone it is so we would be able to look at the next use or occupant of the building. Dunn stated he would be in favor of the rezoning because the site at one time was zoned business, and it is extremely close to the tracks. It is a logical use for the lot. Morgan stated that he feels Mr. Moris' request is a reasonable use of the site, and it does not matter to him whether or not it is done by a CUP or rezoning. Mazzara stated he would like to see it rezoned to GB. He feels that the City would have a lot of recourse if Mr. Moris sold the building. The public hearing was closed at 8:30 p.m. M/S/P Dunn/Mazzara - To adopt ordinance 7961 rezoning the Westerly one hundred thirty-five (135) feet of Lot forty-one (41) in County Auditor's Plat No.'8 (3417 Lake Elmo Avenue) from Rl to GB. (3-2 <Eder, Fraser>) Fraser does not feel this is an appropriate piece of property to rezone to GB.