4.1 PCSR 02-12-2013 tik REQUEST FOR ACTION
River
To ITEM NUMBER
Planning Commission 4.1
AGENDA SECTION MEETING DATE PREPARED BY
Planning February 12, 2013 Jeremy Barnhart,Planning Manager
ITEM DESCRIPTION REVIEWED By
Request by The Bank of Elk River for a Conditional Use Permit Suzanne Fischer, Community
to allow Single Family Use of property zoned C2 Office District, Operations and Development
located at 230 Evans Avenue, Case No. CU 13-02, Public Director
Hearing REVIEWED BY
ACTION REQUESTED
Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit
request,permitting the conversion of the property to single family residential,with the following
conditions:
1. As a Conditional Use Permit is not a Building Permit,the applicant shall apply for all required
permits.
2. The development shall meet all applicable fire codes.
3. No access onto Main Street is permitted.
Applicant Corey Wemple for the Bank of Elk River
Location/Address 230 Evans Avenue
60 Day Rule The City must take action by March 3, 2013
OVERVIEW
The applicant desires to convert the property to solely residential. The property is zoned C-2 (Office
district) which allows single family dwellings as a conditional use.
The structure was originally constructed as a residence, then portions of the structure were converted to
commercial uses. The applicant seeks approval to complete improvements that would convert the
structure back to residential,including replacing the garage doors and adding egress windows in the
basement level.
ANALYSIS
The subject parcel,while addressed off of Evans Street, has frontage on Main Street. It is surrounded by
commercial to the north and west, and residential to the east and south. The area map below outlines the
adjacent land uses.
P® ■ E I E I I T
NATURE
Case File:CU 13-02 Bank of Elk River
Page 2 230 Evans
(—!COMMERCAIL RESIDENTIAL
, jMQ
0
4
r 1 l -
i •
SE)C5YL �
Comprehensive Plan: The comprehensive plan for the parcel guides it as `old town',which the plan notes
is a way to reflect"the need and opportunity for preservation,revitalization,renovation, and
redevelopment." While residential uses in the old town district are permitted and in many areas
appropriate, staff believes the intent of the Old Town designation with the C-2 zoning district is to evolve
the area from residential to commercial uses,as driven by the market.
Access: Access to the property is via Evans. To preserve the flow of traffic on Main, staff proposes a
condition that no access onto Main Street be permitted.
Conditional Use Permit: As with all Conditional Use Permit reviews, the Planning Commission and the
City Council should determine if the residential use of the property satisfies the standards for a
conditional use permit,in particular#3: Will not impede the normal and orderly development and
improvement of surrounding vacant property.
Singularly, the property is not of adequate size to accommodate commercial office development, due to
market demands for office space,in addition to parking, and stormwater. Staff does not feel that
converting the use to residential will impede the orderly development of the area.
APPLICABLE REGULATIONS
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other proper y in the immediate vicini
or the public health, safey, morals, comfort, convenience or general welfare of the neighborhood or the ci y.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
4. Will be served adequately by and will not adversely affect essential public facilities and services including streets,
police and fire protection, drainage, refuse disposal, water and sewer systems,parks and schools;and will not, in
particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.
N:\Departments\Community Development\Planning\Case Files\CUP\CU 13-02 Bank of Elk River\CU 13-02 SR to PC 2-12-13.docc
Case File:CU 13-02 Bank of Elk River
Page 3 230 Evans
5. Will not involve uses, activities,processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive traffic, noise, smoke,fumes,glare, odors, dust or
vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards
for the issuance of a license or permit to establish and operate the proposed use in the city.
If denial of such a permit should occur,it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30-654.
In the review of the standards for CUP as outlined,it appears that the request is consistent with all of
these standards.
ATTACHMENTS
• Applicant's Narrative
Action Motion by Second by Vote
Follow Up
N:\Departments\Community Development\Planning\Case Files\CUP\CU 13-02 Bank of Elk River\CU 13-02 SR to PC 2-12-13.docx
Ban
ADDRESS: 230 Evans Ave
Elk River, MN
OWNER: The Bank of Elk River
OREO Department
ATTN Corey Wemple 763-274-6890
PI D: 75-404-0124
LEGAL: N 165 ft of W 86 ft of Lot 12,Auditors Subdivision No.4
The Bank of Elk River is requesting a conditional use permit in order to be able to sell this property as a
residential property.
The Bank took possession of the property February 29, 2012 via foreclosure sale. The redemption
period expired August 29, 2012 with no redemption action taken.
It is the preference of the Bank to sell the property as a residential property as that is considered the
best use of the property as it currently stands. The current zoning of the property is commercial
preferred.
The property is currently 2 BR/1 BA. The property was previously a mixed use in-home business/
residence. The garage was sealed off by the previous owner. The Bank will be installing a garage door
and opening that back up and replacing the roof on this property if this CUP request is approved.
Currently,the Bank does have a signed purchase agreement subject to the approval of this CUP request.