7.4. SR 09-17-2012 �`i REQUEST FOR ACTION
1(...Itt C(
` ♦ 1
To ITEM NUMBER
Mayor and City Council 7.4
AGENDA SECTION MEETING DATE PREPARED BY
Public Hearings Se tember 17, 2012 Chris Leeseber ,Park Planner-Planner
ITEM DESCRIPTION REVIEWED By
Request by Mark Leadens for Conditional Use Permit to Jeremy Barnhart,Planning Manage
Operate a Dry Cleaning Establishment at 927 Highway 10, Case REVIEWED BY
No. CU 12-15 Cal Portner, City Administrator
ACTION REQUESTED
Staff and the Planning Commission recommend the City Council approve the Conditional Use Permit
(CUP) to operate a dry cleaning establishment for with the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
required permits.
2. All exterior signage shall require a permit.
3. All exterior changes will require a permit and architectural drawings.
4. The building shall meet all applicable building and fire codes.
BACKGROUND/DISCUSSION
The applicant is requesting a CUP to operate a dry cleaning establishment which is currently being
operated on Freeport in Elk River (CU 06-17). This is the same applicant that recently received a CUP
for dry cleaning at 18850 Dodge Avenue (Case No. CU 12-11). The applicant will operate only one store.
The applicant uses a more environmentally friendly solution and process in the operation. There is
adequate parking on site.
Public Comments
During the public hearing portion of the meeting, two individuals voiced concerns. The adjacent
property owner to the west had concerns with people entering and exiting the property at high rates of
speed. His driveway approach is connected/shared with the approach for the subject property,
increasing the impact.
Staff agreed to look into the situation and after a site inspection on September 13,2012, staff does not
have a solution other than if the problem persists with an occupied property, removing a segment of the
fence may aid in visibility at the intersection. The Planning Commission and staff believe the issue is due
to the unoccupied nature of the building and the use of the parking lot for unsanctioned activities.
i
The applicant is concerned with staff's recommended condition #4,regarding building and fire codes. I
This is a standard condition that should the property owner refuse to comply with applicable building or
fire codes affecting health and safety, the city has the means to enforce and revoke the CUP.
N:\Departments\Community Development\Planning\Case Piles\CUP\CU 12-15 Natures Dry Cleaning-Hardees\CU 12-
15_CC.docx [V�j I�WRE
Specifically,the applicant would like to add the following phrase to condition #4: "or has obtained a
variance from the fire code section..."
Staff and the Planning Commission do not recommend the departure from consistent practice, as the
variance,if granted,would establish the business as in compliance with the fire code,meeting the needs
of both the city and the applicant.
The applicant wants clearer language which staff does not see as necessary,especially in light of the
possible situation where the next dry cleaner does not use the same materials, and may not be appropriate
for a variance,yet moves into the building unaware of the special conditions on the property.
The Planning Commission did not receive enough compelling reasons to change the condition.
Planning Commission comments
Independent of the two comments raised during the public hearing, the Planning Commission did not
have a concern with the operation,noting the existing facility on Freeport as history.
ATTACHMENTS
• Planning Commission Memo dated September 11,2012
• Aerial of Northwest Corner
Action Motion by Second by Vote
Follow U
M\Departments\Community Development\Planning\Case Files\CUP\CU 12-15 Natures Dry Cleaning-Hardees\CU 12-15_CC.docx
City 'f REQUEST FOR ACTION o D
.V
O ITEM NUMBER
Planning Commission 4.2
AGENDA SECTION MEETING DATE PREPARED BY
Planning June 12, 2012 Chris Leeseber ,Park Planner-Planner
ITEM DESCRIPTION REVIEWED By
Request by Mark Leadens for Conditional Use Permit to operate Jeremy Barnhart,Planning Manager
a Dry Cleaning Establishment REVIEWED BY
Public Hearing, Case No. CU 12-15
ACTION REQUESTED
Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit
(CUP) to operate a dry cleaning establishment for with the following conditions:
1. As a Conditional Use Permit is not a building Permit, the applicant shall apply for all
require permits.
2. All exterior signage shall require a permit.
3. All exterior changes will require a permit and architectural drawings.
4. The building shall meet all applicable building and fire codes.
BACKGROUND/DISCUSSION
The applicant is currently operating their business in another area of Elk River and is wishing to move to
the subject property. This is the same applicant that recently received a CUP for the same business at
18850 Dodge Avenue (Case No. CU 12-11).
Facility
The proposed use would operate in the existing structure at 927 Highway 10 (the vacant Hardee's). They
are proposing a curbside dry cleaning service on the east side of the building with a sliding door and
awning to protect customers from weather. All required building permits shall be applied for.
Parking/Circulation
There are two access points to the site, one off of highway 10 on the north side of the property and
another off of 4`'' street. The access off of highway 10 is a nigh in,right out only. No changes to highway
10 are proposed or recommended. Vehicular circulation is around the entire building and there are 56
parking spaces available, exceeding the parking requirements of one space per 200 square feet
Fire Department
The Fire Marshall has indicated that according to the city adopted 2006 MN State Fire Code Chapter 12,
an automatic sprinker system shall be installed.
The applicant is proposing that instead of requiring that they comply with the 2006 fire code (and install
an automatic sprinkler system) as a condition for approval, they would prefer that the City of Elk River
condition their approval on Mark and Penny Leadens obtaining a variance from the 2006 fire code, so
=f�XV66
N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-15 Natures Dry Cleaning-Hardees\CU 12-
15_PC.docx
that a sprinlder system would not be necessary. At issue is the 2012 Fire Code (not adopted by the City)
allows an exception from the sprinldering requirements if certain types of diy cleaning chemicals are not
used. It has not been determined that the applicant would comply with the 2012 code,but that question
is expected to be addressed as part of the variance process, should that proceed. Attached is a memo
from Jeremy Barnhart,Planning Manager responding to this request. The variance would be processed
through the fire department,in accordance with state statute.
Conditional Use Permits are issued for a property, not an applicant, and if the building were to be
operated by another party that does not use the same chemicals, the people/building needs to be
protected for that.
i
The recommended condition #4 addresses the variance possibility, as well as the future users of the
property.
Signage
The applicant will utilize one existing signage located on the property. All signage will meet applicable
regulations.
Employees
They currently employee eight employees and expect to reach 15,including full and part time.
Hours of Operation
Monday-Friday 6:00 am—9:00 pm
Saturday 8:00 am—3:00 pm
ATTACHMENTS
• Location Map
• Applicants Narrative
• Fire Marshall memo dated 8/8/2012
• Planning Managers email response dated 9/5/2012
• Site Plans
• Floor Plan
• Site Photos
• Mike Hoff Letter dated July 26, 2012
Action Motion by Second by Vote
Follow U
N:\Departments\Community Development\Plaming\Case files\CUP\CU 12-15 Natures Diy Cleaning-Hardees\CU 12-15_PC.docx
MN 9AV NOSMOVr +Z
LLI
Faye �i r4+ -MN 3ntf
W
CA-
.� y `" `S 2 .� a ��� •T
-ti
N �0 Ln
�O
V1 M
Z
_ 41N
V
_ F
`j
Narrative for Nature's Dry Cleaners, Inc.
PROPOSE:
We propose to move existing business from 19022 Freeport
Ave location, which is C-3 zoned to 927 Highway 10, which isC-
3 Zone. We also propose to have curbside drive up dry
cleaning service on the east side of the building with a sliding
door and awning to protect customers from weather
conditions. This already exist but the will be some upgrades.
All upgrades be built to city codes and specs.
DESCRIPTION:
Nature's Dry Cleaners, Inc. is an onsite full service dry cleaner
and laundry facilities. We use a Hydro-Carbon solvent made by
chevron, which is a safe system for employees, customers,
neighborhood, air and ground, an is environmentally friendly.
So there will be no hazardous waste disposal. We use the state
of the art Dry cleaning & laundry equipment. Our equipment is
self contained for cleaning and pressing of clothes. Removal of
filter will be handled professionally annually.
Hours of Operation:
We are open Monday thru Friday 6:00 am - 9:OOpm, Saturday
8:00 am - 3:00 pm. There will be no noise, odors or vibrations
outside of the property line.
Number of Employees:
We currently employ 8 employees we would expect to reach
i
15 employee with including full & part time, some of which
alternate hours.
Number of ar i Stalls:
Would follow city codes & requirements.
i
Signs:
Propose to use signage in same areas that were used when
building was Hardee's. Size and type would be what ever is
allowed. To reach maximum exposure
Building :
The building was a fast food chain and met all requirements
while in operation there will be some upgrade doing so will
meet all applicable building and fire codes.
Outdoor storage:
There is no outside storage.
Please see all the attachments.
i
i
El
I
® MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
FROM: Cliff Anderson, Fire Marshal
DATE: 8/8/2012 A LG 8
SUBJECT: Nature's Dry Cleaners Relocation
The site plan re-view conu-nittee met on 8/8/2012 and I would like to make the
following comments:
1. The Nature's Dry Cleaners, Inc. is proposing relocating to 927 Hwy. 10
which is not a Fire Sprinklered facility.
Per The 2006 MN State Fire Code Chapter 12
Section 1208.2 Automatic sprinkler system.
An automatic sprinkler system shall be installed in accordance with
Section 903.3.1.1 throughout dry cleaning plants containing Type II,Type
III-A or Type III-B dry cleaning systems.
Because of this section fire protection of this address would be required.
If you have any other questions, please feel free to call me at the Elk River Fire
Department at 763.63 5.1110.
Leeseberg, Chris
From: Barnhart, Jeremy
Sent: Wednesday, September 05, 2012 1:34 PM
To: 'Matthew A. Anderson'
Cc: Mark Leadens; mark leadens; Ruprecht, Bob; Cunningham, John; Leeseberg, Chris
Subject: RE: Case No. CU 12-15; Mark and Penny Leadens' (Nature's Dry Cleaning) application for
a conditional use permit
Mr.Anderson,
I understand your position. Staff's recommendation will be include a recommended condition that the building comply
with applicable building and fire codes.The staff report will note your issue with the language and the Planning
Commission and City Council can discuss whether your language is adequate.
I should note, however, that the City will be granting a CUP for a dry cleaning operation on the property, not solely for
Mr. Leadens operation. Should your client wish to move, the CUP for a dry cleaning still stands, for at least 6 months. A
new user may not be using the same chemicals that Mr. Leadens does.
It is my understanding that if the variance is approved by the state,that verdict would state that the use complies with
building and fire codes.
Jeremy Barnhart, AICP I Planning Manager
763.635.1034 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
Y57 uwaeuuv&'
F,I
[�
N&O�E
.
From: Matthew A. Anderson [mailto:maa(&mcmlaw.coml
Sent: Wednesday, September 05, 2012 1:25 PM
To: Barnhart,Jeremy
Cc: Mark Leadens; mark leadens
Subject: Case No. CU 12-15; Mark and Penny Leadens' (Nature's Dry Cleaning) application for a conditional use permit
Mr. Barnhart:
We understand (1) that the City of Elk River expects to condition approval of the above-referenced application on
compliance with fire codes; (2)that under the 2006 fire code an automatic sprinkler system would be required; and (3)
that the cost of a sprinkler system may be prohibitively expensive.
Instead of requiring that we comply with the 2006 fire code (and install an automatic sprinkler system) as a condition for
approval, we would prefer that the City of Elk River condition our approval on Mark and Penny Leadens obtaining a
variance from the 2006 fire code, so that a sprinkler system would not be necessary.
You have a copy of our fire code variance request, which l emailed you yesterday. I will not repeat the substance of that
request here, except to say that Nature's Dry Cleaning's "IPURA" system is cutting-edge technology which would not
require a variance under the more recent 2012 fire code. The updated 2012 code changes have not yet been adopted
by our state and incorporated into the Minnesota Fire Code.
At this point we are anticipating the sprinkler system cost to be expensive because the wood frame building would
require "double" sprinklers, and also because we would require a 6" water main running to the building (instead of
1
2"). if however our sprinkler bids come in lower than we expect, this would become a non-issue. It will be a few days
before we know more detail about the cost.
Eatt` ew A. Anderson .
.t701.17el'GT 1 011'
612.305.1401 +�"
y "d g §
.i; k h
maamcmlavv.com ?L,6
,N- ael-all, Crounse & __V`,core, ?;_.0
X00 AT&T. 'rower
901 TVarqueue Ave
N4:1imeapolis. 1\ NT 55402
Ndain: 61.2.305.1400
Fax: 612.305.1414
Eio: Click here for my bio
Web: ww«%.mcmlaw.com
IMPORTANT NOTICE:
This email message, including attachments, is covered by the Electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and for the sole use of the intended recipient(s) and may contain confidential and privileged
information. Any unauthorized review, use, copying, disclosure or distribution is prohibited. If you are not the
intended recipient,please contact sender by phone or reply via email and destroy all copies of the original
message. Thank you.
Any tax information contained in this email or its attachments is not intended, and cannot be used by the
taxpayer or any other person,to avoid any civil or criminal tax penalties which the Internal Revenue Service or
another governmental agency may impose on the taxpayer or any other person for acting in reliance upon
information contained in this email or its attachments.
Main tel: 612-305-1400
Main fax: 612-305-1414
z
Allt•C t t Ez Sf[J 93 F'+t is f� f i - � _ k �ji,. F' l
to Ell
-hY
............
. . . . ............... ...............
..............
Vol
. ...................................
loss
ji
fit' p4mar it!
AM
t.
v
5 .c.'S l^n �_-- ___fl i•iU'i4'W, 191 bt'___ Y — �- -X-91'--� -
� 7
/ r
ny.1
...........
' pl W /'%
ya
Y \
&5f—ftge- t fo:uy. '.L
yg
it fy
E €- "!
�, xT>a i 77 8I it r
O
�1.�a --- .li•21'Dt• 1 .OL'---- �+I
I y y6
4
Ell IN
�
PA�
o p R o N m L
6R�
jN _
I I f
�- LoWeLL AvcJuE If(ili,
HARM-
F - N•N•ja N p ; _ _
planning & building _ ca
services
S o GRAY CO. INC.,
014H
a
�> xa
, a
.f
QD
�
...
z�a I
---'- --�
o•s# z g' \ I�IzI N y£
-Ni m F e'6)'-� �}2'-a"I 5 `'3i 0' B• 0" ��B}' f D� 0'BY m �I o
O
aT�fn"
A 3 �m o
�
V COL.
s � s ;3o pt Ci L a
iY
x s r 8 I I e p7
e.
I F s s � � � nom•.
S.2 j v I e BPg N c' 16�n
i n
8601 73`'Ave.N.Suite 21
Fla.%. IAN 55422-
763537-1!60
763 537-4171 fax r
July 26,2012
Mr.Jeremy Barnhart
City of Elk River
13065 Orono Parkway
Elk River, PILE!55330
Re: Property at 927 Highway 10, Elk River, MN,55330
PIN 75-405-2365
Dear Mr. Barnhart:
The above-referenced Property is currently under contract. MNH Property Investments, LLC as
the Property Owner, does not object to the prospective Purchasers, Mark Leadens and Penny
Leadens,seeking and applying for: (i) a conditional use permit for the operation of a Nature's Dry
Cleaning on the Property; acid/or(ii) such other city approvals as may be required for the
operation of a Nature's Dry Cleaning on the Property, from the Elk River City Council, the Elk River
Planning Commission, and in meetings with Elk River City Staff.
MNH PgRPR TY INVESTMENTS, LLC
By
Mike Hoff
Its Manager
Cc: Mark Leadens
Vickie Loher, Esq.
Matthew Anderson, Esq.
y
zFv
r,
d
i
3�
.w r
-
r; f
fi
i
� t �
N
� t
t �=J
�qv>/
�,-
TVs Z
W