6.11. SR 05-18-1998ity of
'vel'
MEMORANDUM
Item
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Planning Assistan
May 18, 1998
Request by Chip Martin for Variance,
Public Hearing Case No. V 98-4
Request
Consider a request by Chip Martin for a variance request to the required 10
foot setback for paved areas extending between the existing driveway near
the west end of the building and the existing driveway at the east end of the
site.
Location
940 Highway 10, Lots 1,2 and 8, Block 22 Auditors Subdivision
Zoning/Land Use
C3 (Highway Commercial) / HB (Highway Business)
Attachments
· Location map
Site plan
· Alternate site plan
· Letter from applicant
· Lease agreement from the Department of Transportation
Overview
The applicant is requesting relief from the required 10 foot setback for paved
areas. He is requesting total relief from the setback requirement; the
proposed paved parking area will extend over his property line on to property
leased from the Department of Transportation along Highway 10.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City Council/V 98-4
May 18, 1998
Page 2
The property, Martin Plaza, is located on the north side of Highway 10 at the
intersection of Morton Avenue, just west of Hunts Feed. The area under
consideration for the variance request is along the north side of Highway 10,
currently gravel and is used as parking for the plaza. The applicant is
planning to upgrade the parking area with pavement and curb and gutter. In
order to accomplish this a variance to the parking setback requirement is
needed.
Variance
Staff refers the Board to Section 900.40 of the City of Elk River Code of
Ordinances for the five standards to consider when reviewing a variance. A
variance may be granted only if it meets the following five conditions:
1. Literal enforcement of the ordinance will cause undue hardship.
o
The hardship is caused by special conditions and circumstances which
are peculiar to the property and the structure involved and which are
not characteristic of, or applicable to, other lands or structure in the
same area.
The literal application of the provisions of this ordinance would
deprive the petitioner of rights enjoyed by other properties in the same
district under the terms of this ordinance.
The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction.
The variance will not be injurious to or adversely affect the health,
safety or welfare of the residents of the City or the neighborhood where
the property is located and will in keeping with spirit and intent of the
ordinance.
The applicant claims the literal enforcement of the ordinance would create an
extreme hardship. The hardship being there would be no parking along
Highway 10 in front of the building. All parking would have to be located to
the west of the building along the north property line. Based on the building
dimensions shown on the site plan 17 parking spaces are required. If the
variance is approved, the applicant is proposing a 26 foot wide drive aisle and
25 parking spaces in front of the plaza, which would eliminate the 4 mature
trees along the highway, and room for approximately 19 spaces to the west of
the building.
\\elkriver\sys\shrdoc\planning\scott\v98-4cc.doc
Memo to Mayor and City Council/V 98-4
May 18, 1998
Page 3
Staff has prepared an alternate plan (see attached plan) which provides the
following:
· 11 spaces in front of the building
· room for 19 spaces to the west of the building
· minimizes the size of the variance
· reduces the amount of pavement
· preserves the 4 mature tress along the highway
The property is unique in that it is long and narrow. The property is about 57
feet deep which does not leave adequate space to provide both parking and a
drive aisle between the building and the front property line. The special and
unique circumstances relate to the property and are not a result of the
applicant's actions.
Most commercial strip centers have parking in front of the stores. Without
this variance the applicant would not be able to provide parking in front of
the stores. There would be enough space for a one-way drive aisle. With the
variance the applicant is proposing a 26 foot wide drive aisle and parking.
The granting of the variance would allow a boulevard of between 19' and 14'
between the edge of the pavement and the travel lane of the highway, which
is less than what is typically found. The applicant claims that the distance is
similar to other business along this section of Highway 10.
Board of Adiustment Meeting
At the April 28th Board of Adjustment meeting no one spoke at the public
hearing. The Board discussed the proposed parking lot layout and the
alternative put forward by staff. There was some concern about the front of
cars overhanging the sidewalk in front of the plaza. This could be addressed
by installing parking stops two feet from the edge of the sidewalk. There was
also discussion about the need for parking in front of the store. The Board
voted to approve the variance request with the condition that the parking
and drive aisle be installed as shown on the alternate plan.
Related Issues
As the Council is aware, the city is initiating a visioning process as part of
the development of a downtown plan. The Council may also wish to consider
how this property fits in with their vision of downtown Elk River. There are 4
large mature oaks within the existing boulevard; the parking layout as
proposed by the applicant would eliminate all four of the trees. The alternate
\\elkriver\sys\shrdoc\planning\scott\v98-4cc.doc
Memo to Mayor and City Council]V 98-4
May 18, 1998
Page 4
layout would preserve the trees and present a pleasant tree lined boulevard
as the west entrance into downtown.
Improvements to the parking area will require site plan review. Along with
paving the parking area, curb and gutter will have to be provided per city
ordinance.
Options
Staff has identified the following options for the Council's consideration:
Denial of the variance request based the finding that there is no hardship
because there is room on the site to provide adequate parking without
requiring a variance.
Approval of the variance with modifications to what the applicant
proposed. The size of the variance could be minimized by altering the
proposed parking layout. Parking spaces should be laid out so they face
the building and access provided via a one-way driveway. The amount of
pavement in front of the building could be reduced from 46 feet to 32 feet
and would preserve the existing mature trees. (See attached plan)
· Approval of the variance as proposed.
Recommendation
Since there is adequate space on the site to provide enough parking spaces to
meet the parking requirements without the need for a variance the following
finding is offered to support denial of this request:
Since there is adequate space on the site to provide parking spaces to
meet the parking requirements of the plaza without the granting of a
variance, the literal enforcement of the ordinance will not cause the
applicant undue hardship.
The Board of Adjustment voted to approve the variance request based on the
following findings and with the following conditions:
The literal enforcement of the ordinance will cause the applicant undue
hardship in that the applicant will not be able to provide adequate
parking and access in a convenient location for his customers.
2. The hardship is caused by special conditions and circumstances which are
peculiar to the property and the structure involved and which are not
\\elkriver\sys\shrdoc\planning\scott\v98-4cc.doc
Memo to Mayor and City Council/V 98-4
May 18, 1998
Page 5
characteristic of, or applicable to, other lands or structure in the same
area. The narrowness of the lot does not allow adequate room for parking
and a drive aisle.
The property is unique in that it is long and narrow. The is property is
about 57 feet deep which does not leave adequate space to provide both
parking and a drive aisle between the building and the front property line.
The special and unique circumstances relate to the property and are not a
result of the applicant's actions.
Most commercial strip centers have parking in front of the stores. Without
this variance the applicant would not be able to provide parking in front of
the stores.
The granting of the variance would allow a boulevard of between the edge
of the pavement and the highway which is slightly less than what is
typically found. The distance is similar to other business along this
section of Highway 10.
The granting of the variance should include the following conditions:
The variance shall only include the area along Highway 10 extending
between the existing driveway near the west end of the building and the
existing driveway at the east end of the site.
o
In order to minimize the variance needed, parking shall be provided
facing the building and shall not face Highway 10 and the drive aisle
accessing these spaces shall be one way. Parking stops shall be installed
to prevent vehicles from overhanging the sidewalk.
o
The drive aisle in front of the plaza shall not exceed 12 feet in width and
the parking stalls shall be 27 feet long at a 45 degree angle per city
ordinance.
4. Curb and gutter shall be provided per city ordinance.
5. Provisions be made for maintaining adequate pedestrian access to the
stores.
6. All banners, pennants and temporary signs be removed.
\\elkriver\sys\shrdoc\planning\scott\v98-4cc.doc
LOCATION
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LOCATION
MAP
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VARIANCE APPLICATION
LETTER OF REVIEW
March 31, 1998
1.) the literal enforcement of the ordinance would cause undue extreme hardship.
2.) The property is long and narrow, without the variance our parking would be cramped.
Not being able to park diagonally and have sufficient drive through behind the cars.
3.) The D.A.T. has helped alleviate our problems by leasing us enough footage to
substantiate our parking and drive through quota. This lease has been in effect since 01-
01-98.
4.) In order to provide handicap entrances, which we have by building, a full sidewalk
with ramps at each end. An overhang over it to shed the rain and snow. We would like to
provide as many parking spaees in the immediate area of the entrances of the building.
5.) We will not be creating any hardships to anyone else because with the exception of
Hunts Feed our property is the only commercial property in the area between Hay 10 and
the railroad tracks. The eves of the building will carry the roof water to the back of the
building and west. Two thirds of the general water run offwill be to south and west using
highway ditch to the west. The balance will run to the south into the storm sewer.
MARTIN PLAZA
940 Hwy 10
Elk River, MN 55330
612-441-2228
Edmond Martin(owner)
Minnesota Department of Transportation
Office of Land Management
Transportation Building Mailstop 631
395 John Ireland Boulevard
St. Paul, Minnesota 55155-1899
612 296-9744
S.P.: 7102 902 LEASE NO. H-05868
PARCEL: 33 (71D003)
COMMERCIAL LEASE
THIS LEASE is made between the State of Minnesota, Department of Transportation ("Landlord"), and
Anderson Industries, Inc. ("Tenant").
Mail Lease to:
Anderson Industries, Inc.
708 Main Street
Elk River, MN 55330
IT IS AGREED:
1. In consideration of payment of the rent hereinafter specified to be paid by Tenant, and the covenants and
agreements herein contained, Landlord hereby leases to Tenant that certain property ("PREMISES") in the
County of Sherburne, State of Minnesota, described as follows:
Address of Premises:
Type of Property:
Legal Description:
Martin Plaza, T.H. 10, Elk River, MN
Vacant, Commercial
That part of S.P. 7102 Parcel33 as shown on attached EXHIBIT.
This Lease includes improvements, if any, and is in effect for the term of 24 months commencing on January
1, 1998 and ending on December 31, 1999, with the right of termination in both Landlord and Tenant as
hereinafter set forth.
2. RENT. ~' ~* to
, ena,,, shall pay Landlord as rent for the Premises the sum of $600.00, in annual payments of
$300.00 in advance on the first day of each month during the term of this Lease. Rent payments are to be
mailed or delivered to Landlord's finance office as follows:
Department of Transportation
Office of Financial Management
Accounting Department
461 Rice Street
St. Paul, Minnesota 55103
Make checks payable to:
Commissioner of Transportation
.~--~
,/~.' USE OF PREMISES. Tenant shall use the Premises for the following purpose only: Parking
'"N~shall be the sole responsibility of Tenant to comply with all laws, regulations, or ordinances imposed by any
jurisdiction governing the use of the Premises. Failure to comply will not relieve Tenant of the obligation to
pay rent. Tenant's use of the Premises must not interfere with the public's use of any adjacent highway.
4. MAINTENANCE AND REPAIRS. Tenant shall keep the Premises in good condition at Tenant's own
expense, and shall not call on Landlord to make any improvements or repairs.
5. CHARGES AND EXPENSES. Tenant shall pay when due all utility charges and any other charges or
expenses connected with Tenant's use of the Premises.
6. NOTICES. All notices herein provided to be given, or which may be given, by either party to the other,
shall be deemed to have been fully given when served personally on Landlord or Tenant, or when made in
writing and deposited in the United States Mail and addressed as follows: To Tenant at the mailing address
above stated and to Landlord, Department of Transportation, Office of Land Management, Transportation
Building Mailstop 631, 395 John Ireland Boulevard, St. Paul, Minnesota, 55155-1899. The address to which
notices are mailed may be changed by written notice given by either party to the other.
7. CANCELLATION. This Lease shall be subject to cancellation by either party at any time during the term
hereof by giving the other party notice in writing at least 60 days prior to the date when the cancellation will
become effective. Fur[hermore, this Lease shall be subject to cancellation by Landlord if the Premises become
needed for highway purposes (as determined solely by Landlord) by giving Tenant notice in writing at least
30 days prior to the date when the cancellation will become effective. In the event of cancellation any
unearr:ed rent paid by Tenant will be returned.
8. INDEMNIFICATION AND RELEASE. Tenant shall defend, indemnify, save harmless, and release Landlord
and Landlord's employees from and against all claims, demands, and causes of action for injury to or death
of persons or loss of or damage to property (including Tenant and Tenant's property) occurring on the
Premises and connected with Tenant's use and occupancy of the Premises, regardless of whether such injury,
death, loss, or damage is caused in part by:
(i) the negligence of Landlord or
(ii) is deemed to be the responsibility of Landlord,
because of its failure to supervise, inspect, or control the operations of Tenant or otherwise discover or
prevent actions or operations of Tenant giving rise to liability to any person.
if any negligence or responsibility of Landlord is unrelated to Tenant's occupancy or use of the Premises,
Tenant will not be obligated to indemnify and hold harmless as set forth above.
9. INSURANCE. Prior to execution of this Lease by Landlord, the Tenant shall provide Landlord with a
properly executed certificate(s) of insurance which shall clearly evidence the insurance required below, and
provide that such insurance will not be canceled, except on 30 days' prior written notice to Landlord.
9.1
Tenant shall maintain during the full term of this Lease commercial general liability insurance
or equivalent form including Premises-Operations Liability, Products/Completed Operations
2
9.2
Liability (if applicable), Contractual Liability, and Fire Legal Liability with a limit of not less than
$1,000,000 each occurrence. If such insurance contains a general aggregate limit, it will
apply separately to this Lease.
9.1.1 This insurance shall include State of Minnesota as an insured with respect to
performance of Lease.
9.1.2 This insurance shall be primary with respect to any insurance or self-insurance
programs covering Tenant, its officers and employees.
Tenant shall maintain during the full term of this Lease workers' compensation insurance with
statutory limits and employers' liability insurance with limits of not less than $500,000 each
accident.
10. FIRE INSURANCE. None required. Tenant shall make no claim against Landlord arising out of any loss
to the Premises.
11. RIGHT TO ENTER. Tenant shall allow Landlord and Landlord's contractors and authorized licensees to
enter upon the Premises for any of the following purposes: to survey the land, to take soil borings, to
perform utility relocation or repair work, or to perform any other work which is preparatory to a highway
construction project; also to make emergency repairs required for highway safety. If there is a highway bridge
above any part of the Premises, Tenant shall allow Landlord to enter upon the Premises to inspect, maintain,
and repair the bridge and its structural supports. If any of these operations substantially restrict the Tenant's
use of the premises, rent will be reduced proportional to the restricted use of the Premises during the period
of the restricted use. The reduction (or abatement) of rent will be Tenant's only claim against Landlord based
on such restriction (or abatement) of use. Tenant shall allow Landlord to inspect the premises and to show
the premises by appointment to prospective buyers or renters. Before entering the Premises for any of the
purposes under this paragraph, Landlord will make a reasonable effort to notify Tenant, provided, however,
that in case of an emergency affecting highway safety (the existence of which will be determined solely by
Landlord), if Tenant is not present to permit entry onto the Premises, Landlord or its representatives may enter
without notice to Tenant, and for such entry Landlord or its representatives will not be liable to Tenant.
12. ADJACENT HIGHWAY FACILITY. Tenant shall not permit the storage of any substance or material on
the Premises which may create a fire hazard to the adjacent highway facility (including any overhead bridge
and its structural supports). If Landlord determines that Tenant is using the Premises in such a way as to
create a danger to the adjacent highway facility or the traveling public thereon, and if, upon receiving notice,
Tenant does not immediately remedy the danger to the satisfaction of Landlord, then Landlord may
immediately cancel this Lease and take possession of the Premises. Any requirement for giving notice of
cancellation set out elsewhere in this Lease will not apply to cancellation under this section. Unearned rent
paid by Tenant will be returned.
13. ASSIGNMENT AND SUBLE-[-i-ING. Tenant shall not assign this Lease or sublet the Premises, except as
provided for in Section 20 of this Lease
14. CIVIL RIGHTS ACT. Tenant shall not discriminate on the ground of race, color, sex, or national origin
against any person in access to and use of the facilities and services operated or otherwise maintained on the
· Premises; and Tenant shall operate and maintain such facilities and services in compliance with Title VI of the
Civil Rights Act of 1964, and Title 49, Code of Federal Regulations, Part 21.
15. DEFAULT BY TENANT-LANDLORD'S REMEDIES. The following occurrences are "events of default":
(a) Tenant defaults in the due and punctual payment of rent, and such default continues for five (5)
days after notice from Landlord; however, Tenant will not be entitled to more than one notice for
default in payment of rent during any twelve month period, and if, within twelve months after any
such notice, any rent is not paid when due, an event of default shall have occurred without further
notice.
(b) Tenant breaches any of the other agreements, terms, covenants, or conditions which this Lease
requires Tenant to per~orm, and such breach continues for a period of thirty (30) days after notice by
Landlord to Tenant.
At any time after the occurrence of either of the above events of default, Landlord may terminate this Lease
upon giving written notice to Tenant and may then re-enter and take possession of the Premises in such
manner as allowed or provided by taw. Tenant shall pay Landlord all costs and expenses, including attorney's
fees, in any successful action brought by Landlord to recover unpaid rent, or to recover damages for breach
of any of the other covenants, agreements, terms, or conditions which this Lease requires Tenant to perform,
or to recover possession of the Premises.
16. HOLDING OVER. If Tenant remains in possession of the Premises after the end of this Lease with the
consent of Landlord, express or implied, Tenant shall occupy the Premises as a Tenant from month to month,
subject to all conditions, provisions, and obligations of this Lease in effect on the last day of the term.
17. MOVING OUT. At the expiration or sooner termination of this Lease, Tenant shall leave the Premises
in as good condition as when delivered to Tenant (except for ordinary wear and any loss covered by insurance
payment to Landlord).
18. SALE OR TRANSFER OF PREMISES. If Landlord sells or transfers the Premises, Landlord's liability for
the performance of its covenants under this Lease shall end on the date of the sale or transfer, and Tenant
shall look solely to the purchaser or transferee for the performance of those covenants.
19. RELOCATION ASSISTANCE: Persons, businesses, farms, non-profit organizations, and other entities
(hereinafter collectively referred to as Tenant) displaced by cancellation or termination of this Lease, or by
moving out prior to cancellation or termination of this Lease, are not classified as "displaced persons" and are
not eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 and its amendments. By signing this Lease, TENANT affirms that they are not a
displaced person.
~,'~ AGREEMENTS. Tenant has acquired the permission from the Landlord to sub-let the
'~re~ises to Edmund J. Martin who has permission to blacktop the Premises for parking.