6.8. SR 05-19-1997':ty of
ver
FROM:
Item # 6.8.
MEMORANDUM
Mayor and City Council
Steve Ach, City Planner_~~/~
DATE:
May 19, 1997
SUBJECT:
Variance Request by L&W Limited
Liability Company, Public Hearing
Case No. V 97-3
Request
L&W Limited Liability Company is requesting a variance to the commercial
architectural standards and a 7 foot variance to the 10 foot parking setback
requirement.
Location
The general description is the northwest corner of Highway 10 and 173ra
Avenue (directly behind Bridgeman's Restaurant).
Zoning/Land Use
C3 (Highway Commercial) / HB (Highway Business)
Attachments
· Report to the Board of Adjustments dated April 22, 1997
Background
L&W Limited Liability Company received a conditional use permit on
October 7, 1994. One of the conditions of this permit was to improve the
existing parking area and to meet all 10 foot parking setback requirements.
When plans were submitted for the proposed conditional use permit, the
plans indicated that the parking along 173ra was installed with a setback of
3 - 5 feet. This is in conflict with the previously approved conditional use
permit, as well as the parking setback requirements of 10 feet; therefore,
requiring a variance. The second variance request specifically applies to the
architectural requirements in the commercial district. The proposed building
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/V 97-2
May 19, 1997
Page 2
by L&W Limited Liability includes materials predominantly steel sided
building on three sides with the front elevation a combination of steel, cedar
and some brick enhancements at the corner and four feet along the bottom of
the building.
The city's performance standards require buildings within commercial
districts to consist of 75% of approved materials such as brick, masonry,
glass, wood and/or approved architectural metal siding. The proposed metal
siding on the building would not be considered architectural metal, as this is
a typical metal siding found on many industrial buildings. Conversely, the
industrial zoning districts only require buildings to have a minimum of 25%
of the approved materials. Typically, this is accomplished by enhancing the
front elevation of the building which is adjacent to the road and leaving the
balance of the building as a metal skinned building and be consistent with
the long range plans for this area.
The applicant has proposed a building not meeting the commercial standards
in an attempt to compliment the existing building on site with similar
materials. Typically, the city has approved expansions of existing buildings
with similar materials; however, this is a new free standing building which
should probably meet the current performance standards and be consistent
with the long range plans for this area.
Board of Adjustments Recommendation
The Board of Adjustments discussed both variance requests and
recommended denying both requests. The Board discussed the
Comprehensive Plan's goals and policies of enhancing the east Highway 10
corridor by meeting the current performance standards and by constructing a
free standing building, the architectural standards should be met. In
addition, since the parking setback of 10 feet was originally approved on a
previous conditional use permit, the Board felt this setback should be
maintained and that there is no hardship incurred to justify the variance.
Recommendation
It is recommended the City Council consider the following recommendations:
Deny the request for a 7' variance to the 10' parking setback
requirement based on the following findings:
The previous approved plans indicated the 10' parking setback
must be met as part of the upgrading of the parking lot.
s:XcouncilXv97-3.doc
Memo to the Mayor and City Council/V 97-2
May 19, 1997
Page 3
2.
There are no special conditions or circumstances on site which
would prevent the parking setback from being established.
o
The applicant would not be deprived any reasonable use of the
property if the parking setback is maintained.
o
Other properties making similar expansion are required to meet
the 10 foot setback requirements.
Bo
Deny the request for a variance regarding the architectura! standards
based on the following findings:
New buildings being constructed within the commercial zoning
district along the east Highway 10 corridor are required to meet
the current performance standards or receive a variance.
o
There are no special or extraordinary conditions or
circumstances on the site which would prevent the building from
meeting the current performance standards.
o
The Comprehensive Plan has identified the east Highway 10
corridor as an area that needs to be considered for insuring
quality development through enhanced performance standards.
s:kcouncilkv97-3.doc
'ty of
River
ITEM 3.3.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Board of Adjustment
Steve Ach, City Planney~
April 22, 1997
Variance Request by L&W Limited
Liability Company, Public Hearing
Case No. V 97-3
Request
L&W Limited Liabihty Company is requesting a variance to the commercial
architectural standards and the 10' parking setback requirement.
Location
The general description is the northwest corner of Highway 10 and 173rd
Avenue (directly behind the Bridgeman's Restaurant).
Zoning/Land Use
C3 (Highway Commercial) / HB (Highway Business)
Attachments
· Zoning map
· Site plan
Background
L&W Limited Liability Company received a conditional use permit' on
October 7, 1994. One of the conditions of this permit was to improve the
existing parking area and meet all the 10' parking setback requirements.
The approved plan included a parking setback of 15' along 173ra Avenue. As
part of a recent conditional use permit application to add another building to
this site, a submitted site plan has indicated the existing parking lot has
been installed with a setback less than the required 10' along 173ra Avenue.
The second variance requested is to the architectural requirements in a
commercial district. The proposed building includes materials similar to the
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Board of Adjustments/V97-3 Page 2
April 22, 1997
existing building on the parcel. These materials consist of predominantly a
steel sided building on three sides, with the front portion being a combination
of steel, cedar and some brick enhancement at the corners and 4 feet along
the bottom of the building.
The city's performance standards require buildings in the commercial zoning
district to consist of 75% of approved materials (i.e., brick, masonry, glass,
wood, approved architectural metal siding). The industrial area requires
buildings to have at a minimum 25% of approved materials. The proposed
building has approximately 20% of the approved materials.
The applicant has indicated that the proposed building is intended to
compliment the existing building currently on site. When the existing
building was constructed the city's performance standards were slightly
different than they are today. On one hand, it seems logical to maintain the
similar building character on site; however, staff is also concerned having
new free-standing buildings constructed that may not meet the long term
vision of east Highway 10 corridor as discussed during the Comprehensive
Plan.
As far as the parking setback request, staff cannot support the findings for
this request. The required setback of 10 feet was approved on the site plan
two years ago and conditions have not changed to deviate away from staff
and Planning Commission recommendation and City Council approval.
Recommendation
It is recommended the Board of Adjustments consider the following
recommendation:
ho
Deny the request for a 7' variance to the 10' parking setback
requirement based on the following findings:
The previous approved plans indicated the 10' parking setback
must be met as part of the upgrading of the parking lot.
o
There are no special conditions or circumstances on site which
would prevent the parking setback from being established.
o
The applicant would not be deprived any reasonable use of the
property if the parking setback is maintained.
Other properties making similar expansion are required to meet
the 10 foot setback requirements.
f:XshrdocXplanningXpc\v97-3.doc
Memo to the Board of Adjustments/V9?-3
April 22, 1997
Page 3
If the Board of Adjustments wishes to approve the variance regarding
architectural standards, the following findings may be considered:
The proposed architectural materials will compliment the
existing building on the same parcel.
o
The variance to the architectural standards will not have any
health, safety or welfare issues upon adjacent residents or
neighbors.
The proposed building will include acceptable materials to meet
city performance standards; however, will not meet the
percentage requirements of acceptable materials in the highway
commercial zone.
f:XshrdocXplanningXpcXv97-3.doc
178TH
\
~76TH
\
1 175TH
174.TH
172N0
171ST
i 170"FH
169TH
167TH
i 166TH
165TH
lk' River
[3065 Orono Parkway · P.O. Box 490
Elk River, MN 553,30
LOCATION
NILLSI0E
LOCATION
MAP
PROPOSED BLDG.
EXISTING
EXISTING Bt. DG.
173RD AVE N.W.
PROPOSED BLDG.
EXISI'INC
EXISTIN(
WELL
VARIANCE TO PARKING SETBACK~
EXIS TING PARKING
EXISTING BLDG.
173RD
AVE N.W.
Al
CEDAR SIDING
10 X 12 OH DOOR STEEL SIDING 10 X 12 OH DOOR
(~) W~Sf ~I.I~VA~ION
STEEL SIOING
~ I~LI~VAIrI~
STEEL SIDING
~A~) EASf ~LI~VAflON
I
· ""~ BRICK
$/13/97
To Whom It May Concern:
The issue oftbe septic system drain field easement between Bridgeman's Restaurant and.
L & W L L.C. has been agreed upon. We are only waiting for the legal papers to be signed and
recorded. Craig Larson of the law firm, Larson Law Office is gathering the appropriate papers
and signatures at this time. John Oliver & Associates has rewritten the legal description of the
easement. The new description has been turned over to legal council to make the necessary
changes from the original easement to an easement that correctly represents the actual location of
the drain field in question. Due to the geographical location of all of the signees involved, the
actual documents have not yet been completed. However, there has been no dispute by any of the
parties as to the wording of the new easement.
We all appreciate your consideration in this matter.
Paul Bell- owner of Bridgeman's
;
Richard Lomt~on - Co-owner L & W L.L.C.
Nancy Lomtson - Co-owner L & W L.L.C.
Thomas Wistrom - Co-owner L & W L.L.C.
Cheryl Wistrom - Co-owner L & W LL.C.
lo&n OHfer & As' ~oc~e~, Inc.
LEGAL DESCRDrlTON
! t:hac part: of t:ht Souchw~ac q~ercer o£ the $
C~ene~nl 8C the poLn~ of tflCeroe~CL~ of the ~rchu ' '
r._L, _. _ p~mber 26, 19~4, vtCh Oho ~rCh ~'-- -'
NotCh line o Y o~ Road)
c..... ~ . .... [ Bold Avenu~ elsa
~v~,. v. IeEe. Is ~aoured .........
oar aC r/IbC ~nlleO, o~ Bald Bloc
q car st the SouChveoc quarter; Chance NorChwj
ICerZy along said
~rCheesCeTLy ltne.o~ the r~ghc
~2 for 164.30 ~ee~ 8 ~l. 10 and
..... ) chen~e Horchlil~erLy
pur~ses o~ Chis deicrtn~th~- )~ .......... A lOT Chi
Sd ,tlhvay FL hc o~ - - y ~ Z~Z vtCh
B vey Esr 254.30 teac we o
~u~rcer o~ che Souchwec flua~ri~
signs the actual ~oinC of ~::;:::~-'"~ ~nc ~Z ~nceroe~CLon l~lo
described c Chencerre~ .... u~:~~_.
.... -,. --v~u~aGmrL liOn Y
i~Ld Po/nC "A"* Chance ~ Y _ _ laLd ~ra~LeL line Co
, -.-rcheaoCkrL
hence. Southerl ~or 36 . Y __~an~el fo~ 360 floC;
5_x4 teac, ~re or ~ww co a -
arch Line of c~e SouCh 66 Eeoc of Chi bCh~C ~LnC on weld
- cpmrCeh of Bald
$ouChvelC quarter, a dtaCance of Z$O £eec hoc of'the.lmLaC of
~egtnnLflg; Cheflce #aBC along laid North line of the South 66 falC
130 . file co the paine o2 blgtnfl/ng. CanOe/n/ns 1.60 a~raa,,
Or
Lnc~ndld Co be ~oc Cha benl£LC o~-and ThLe easement Il
· mPimrCenanC co chac land
described on the attached ExhtbiC B.