4.2 PCSR 11-13-2012 hik REQUEST FOR ACTION
River
To ITEM NUMBER
Planning Commission 4.2
AGENDA SECTION MEETING DATE PREPARED BY
Planning Items November 13,2012 Jeremy Barnhart,Planning Manager
ITEM DESCRIPTION REVIEWED By
Request by LeFebvre Properties LLC for Interim Use Permit to
extend their temporary office IUP at 10895 171"Avenue NW, REVIEWED BY
Public Hearing—Case No. CU 12-23
ACTION REQUESTED
Staff is recommending that the Planning Commission recommend approval of a 3-year extension of
Interim Use Permit CU 06-22 for LeFebvre Properties, 10895 171"Avenue NW,issued in August 2006.
The 1st extension to the original Interim Use Permit,issued in 2009,is slated to expire December 31,
2012. Staff recommends approval of the Interim Use Permit and site plan dated July 7,2006, subject to
the following conditions:
1. THE INTERIM USE PERMIT SHALL EXPIRE DECEMBER 31,2015.
2. ALL FIRE AND BUILDING CODE REQUIREMENTS SHALL BE ADDRESSED.
3. IF THE APPLICANT DESIRES THE TEMPORARY CUP TO BE EXTENDED
BEYOND DATE ABOVE,THE INTERIM USE PERMIT SHALL BE AMENDED
FOLLOWING REVIEW BY THE PLANNING COMMISSION AND CITY COUNCIL.
BACKGROUND/DISCUSSION
The original Interim Use Permit was issued on August 21, 2006 that permitted the use of a temporary
office trailer for office needs. The extension is necessary because, although they need office space, they
have seen a major decrease in their business, making them hesitant to invest additional capital until
business improves.
There are no changes to the original approved site plan proposed.
The original Interim Use Permit extension is attached for reference.
ATTACHMENTS
• Location Map
• Applicants Narrative
• Interim Use Permit CU 06-22
Action Motion by Second by Vote
Follow Up
[ DIEM IT
N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-23 LeFebvre IUP Extend\Staff report to
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PC 11-13-12.docx
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S:\PLANNING\Case Files\CUP\CU 09-21 LeFebvre IUP\Location Map.dwg,9/1/2009 2:20:03 PM
10895- 171st Avenue
tfEBVRE Phone River, 44 55330
Phone River, 441-5681
t 1-800-900-8157
COMPANIES Office Fax(612)441-0673
Operations Fax(612)441-0856
September 14, 2012
City of Elk River /
Jeremy Barnhart,Planning Mgr. 41w z( 2 �-
13065 Orono Parkway
Elk River, Minnesota 55330
Dear City Council,
The purpose of this letter is to formally request a three year extension on our Interim Use
Permit for LeFebvre Properties LLP, from December 31, 2012 until December 31, 2015
This permit was originally approved by the City Council at their September 21,2009
City Council meeting. The permit in question is set to expire on December 31,2012
A soft economy has caused a major decrease in our business which is the hauling of
concrete products around the upper mid west.
This forces us to delay plans to build, remodel, or expand our existing facility located at
10895 171st Ave.NW. Elk River, MN
However,the need for this additional office space provided in the temporary trailer still
exists,
The office trailer complies with all codes for wind loads,tie down, and handicapped
accessibility. It is painted to match the buildings and landscaping blends it nicely into
it's surroundings.
Respectfully submitted,
Bob Strong f
Real Estate
LeFebvre Properties LLP
F-------=—__,__.,\filtuse 01.0 i(2,,....
)41k,City of
Elk
River
13065 Orono Parkway
Elk River,MN 55330
September 28,2009
_�J
LeFebvre Properties,LLP
Attn: Robert Strong
10895171'Avenue NW -,\1(
Rik River MN 55330
Dear Mr. Strong
The request by LeFebvre Prop: l es,LL I for . terim Use Permit to extend their existing
IUP was approved by the Rik ' - City Co II a at their September 21,2009 meeting.
Conditions of approval are as foll•'it.•
1. THE INTERIM USE PERMIT SHALL EXPIRE ON DECEMBER 3 2012.
2. ALL FIRE AND BUILDING CODE REQUIREMENTS SHALL BE AD II ' SSED.
3. IF THE APPLICANT DESIRES THE INTERIM USE PERMIT TO BE EXTENDED
BEYOND DATE ABOVE,THE CUP SHALL BE REVIEWED BY THE PLANNING
COMMISSION AND APPROVED BY THE CITY COUNCIL.
The permit will be recorded at Sherburne County. .I will mail a copy of the recorded
document to you when I receive the original back from the County. If you have any
questions, please contact Planning Manager Jeremy Barnhart at 763/635-1034 or email at
ibarnhart@ci.elk-river.mn.us.
Sincerely,
I _
"tcLi �;; 66-L z-eft
Deborah Huebner
Community Development
Administrative Assistant fiCa E v SEP 2 9 2009 4
B Y:
Phone:763.635.1000
Far 763.635.1090
S:\PLANNING MAIN\Case Files\CUP\CU 09-21 LeFebvre IUP\Approval ltr.da
wwwci.elk-river.mn.us
,
Office of the County Recorder
Sherburne County, MN
Doc. No. 701762
Certified filed and/or recorded on
10-08-2009 at 09:30
O` le Ashe, County Recorder
it
� Deputy Fee: $ 46.00
701762
STATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE CONDITIONAL USE
PROCEEDINGS
CITY OF ELK RIVER
In the matter of: LeFebvre Properties,LLP
Request: Interim Use Permit for Temporary Office Trailer
(Case NO. CU 09-21)
ORDER GRANTING
CONDITIONAL USE
LeFebvre Properties LLP, Owner
The above entitled matter came to be heard before the City Council on the 21st day of
September, 2009, on a petition for a Conditional Use pursuant to the City of Elk River Zoning
Ordinance, for the following described property:
Lot 1, Block 1, Leon LeFebvre 2°d Addition,
Sherburne County,Minnesota
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons:
1. THE INTERIM USE PERMIT SHALL EXPIRE ON DECEMBER 31,2012.
2. ALL FIRE AND BUILDING CODE REQUIREMENTS SHALL BE ADDRESSED.
3. IF THE APPLICANT DESIRES THE TEMPORARY CUP TO BE EXTENDED
BEYOND DATE ABOVE,THE CUP SHALL BE AMENDED FOLLOWING
REVIEW BY THE PLANNING COMMISSION AND CITY COUNCIL. -
DATED this 21st day of September,2009.
a �
STATE OF MINNESOTA ) OFFICE OF CITY PLANNING
AND ZONING
COUNTY OF SHERBURNE) ss.
ELK RIVER
CITY OF ELK RIVER
I,Jeremy Barnhart,Planning Manager for the City of Elk River with and in for said City, do
hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with
the original record thereof preserved in my office, and have found the same to be a true transcript of
the whole thereof.
If the proposed work described in a conditional use permit has not been substantially
completed within two (2) years after its date of issuance, the permit shall expire and become void
except that the Council may, following recommendations of the Planning Commission, extend the
permit for an additional period determined by the council on the receipt of a request for a permit
extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the.
permit and shall expire if, for any reason,the authorized use ceases for more than one (1) year.
-° �. .4
J% my B. hart
Planning Manager
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River,
Minnesota, in the County of Sherburne, in the City of Elk River, on the oR 8" day of
5QYf.VYI b C e;2009.
DRAFTED BY:
City of Elk River Signed before me a NOTARY PUBLIC
Elk River,Minnesota 55330 this day of ✓, 2009.
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�l.iIf f li 1��1i1111JIll�
DAY
to NOTAREBORY PUBLIC H KA-MINNESOTA
HUEBNER
My Commission Expires Jan.31 2010
S:\PLANNING MAIN\Case Files\CUP\CU 09-21 LeFebvre IUP\Recording document.doc
City Council Minutes Page 9
September 21,2009
Councilmember Motin expressed his thoughts about this location being very unique
due to the fact that it's near the commuter rail. He feels a market rate rental would be a
better way of handling this property.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO DENY THE RESOLUTION OF
SUPPORT FOR DUFFY DEVELOPMENT COMPANY'S AFFORABLE
HOUSING TAX CREDITS APPLICATION TO MN HOUSING FINANCE
AGENCY.MOTION CARRIED 4-1.Mayor Klinzing opposed.
B. Resolution of Receptivity to a Dept of Employment&Economic Development Small Cities
Development Program Award
Ms.Mehelich presented the staff report.
Councilmember Motin asked if the purpose of the grant is for economic development,
affordable housing,or both.
Ms.Mehelich stated that MHFA works closely with DEED on housing projects that meet
their goals.
Councilmember Motin asked if it is required that the project provides affordable housing.
He stated he is not in support of this concept.
Mr.Duffy stated it was their intent to run these two applications together and probably
wouldn't go ahead with the development if they didn't receive support of the City to apply
for federal tax credits.
MOVED BY MAYOR KLLINZING AND SECONDED BY COUNCILMEMBER
WESTGAARD TO APPROVE RESOLUTION 09-50 A RESOLUTION OF
RECEPTIVITY TO A DEPT OF EMPLOYMENT &ECONOMIC
DEVELOPMENT SMALL CITIES DEVELOPMENT PROGRAM AWARD.
MOTION CARRIED 3-2. Councilmembers Gumphrey and Motin opposed.
Mayor Klinzing recessed the meeting at 8:35 p.m. She reconvened the meeting at 8:46 p.m.
5.4. Request by LeFebvre Properties LLP for Interim Use Permit.amending previous IUP for
Temporary Office. Case No. CU 09-21—Public Hearing
Mr.Barnhart presented the staff report.Bob Strong,the applicant,was present to answer
questions.
Mayor Klinzing opened the public hearing.There being no one to speak at the public
hearing,she closed the public hearing.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE REQUEST FOR A THREE-
YEAR EXTENSION TO THE INTERIM USE PERMIT AS OUTLINED IN
THE STAFF REPORT.MOTION CARRIED 5-0.
5.5. Request by City of Elk River for Ordinance Amendment relating to Wind Turbines.Case
NO. OA 09-04— Public Hearing