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7.1. SR 11-19-2012 REQUEST FOR ACTION (Elk -4--- River TO ITEM NUMBER City Council 7.1 AGENDA SECTION MEETING DATE PREPARED BY Public Hearings November 19,2012 Jeremy Barnhart,Planning Manager ITEM DESCRIPTION REVIEWED By Interim Use Permit: LeFebvre Properties LLC to Extend Temporary Office Use (10895 171st Avenue NW), Case No. REVIEWED BY CU 12-23 ACTION REQUESTED Staff and the Planning Commission recommend approval of the Interim Use Permit extension to December 31,2015. BACKGROUND/DISCUSSION LeFebvre Properties LLC was issued an interim use permit to install a temporary office structure near their office building at 10895 - 171'Avenue NW in 2006. This extension will allow their market to stabilize,allowing them time to seek a long-term solution that best suits their needs. At the conclusion of this extension in 2015,the office structure will be located on the property for nine years. FINANCIAL IMPACT None ATTACHMENTS • Planning Commission packet dated November 13,2012 Action Motion by Second by Vote Follow Up POWERED BY N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-23 LeFebvre IUP Extend\CU 12-23 NATURE LeFebvre IUP to CC 11-19.docx 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 � � PC 11-13-12.docx „. • k 1 t,atix'• 01 AZ - ,-4 A r-1- .•it Miry �'K S 1 y - ii. -- �� ®fie i 1”'�Ei�+ ., m 41 M.w.:d^"' *gy m. I/ N r., ' OP I' 4 , , - R i..y __ 1 1 - §` , 1,.44.' r 1 )■p `� --_ ` SES `T .. illiellINNIO , O I r` �i. 1. r ' H o .� t n I f, * • '7:5%'I le .44, = AtItistor444�it. -,F^_l'� " ' • j 3 ail #k '� °�10 ....... 70 iii 'w - f nit. m Y s+'�'. ry w m AV s � / --r. . . , AL • i ' 1 - : ' I. ' .b iiiiiii Pr..... „ ' / or. .. ..„., 4 z m S:\PLANNING\Case Files\CUP\CU 09-21 LeFebvre IUP\Location Map.dwg,9/1/2009 2:20:03 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. �, ice.` d .. �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