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8.1. SR 02-19-2013 Eli: REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 8.1 AGENDA SECTION MEETING DATE PREPARED BY Public Hearings February 19, 2013 Jeremy Barnhart,Planning Manager ITEM DESCRIPTION REVIEWED By Conditional Use Permit:The Bank of Elk River to Allow Single- Suzanne Fischer, Community Family Use of Property Zoned C2 Office District, Case No. CU Operations and Development 13-02 Director REVIEWED BY Calvin Portner,City Administrator ACTION REQUESTED Approve by motion a Conditional Use Permit for 230 Evans Avenue,allowing conversion from commercial to residential,with three 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. BACKGROUND/DISCUSSION The property at 230 Evans Avenue was originally constructed for a single-family home,and was converted to facilitate commercial activities. The property owner now seeks permits to convert the building back to residential. Residential uses are permitted with a Conditional Use Permit in the C-2 (Office) District. Planning Commission Comment Planning Commissioners reviewed the application at their meeting on February 12. Commissioners did not feel the use would impede the office growth in the area,as the lot would likely need to be combined with adjacent parcels to accommodate parking and other requirements. Commissioners recommended approval unanimously. Public Comment No comments for or against the request have been received. FINANCIAL IMPACT None. ATTACHMENTS • Planning Commission packet dated February 12,2013. POWERED BY N:\Public Bodies\City Council\Council RCA\Agenda Packet\02-19-2013\CU 13-02 SR to CC 2-19-13.docx I!4ATIJPEI City of FILE COPY Ells -�= 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. 1111FEREI 1 NAME Case File:CU 13-02 Bank of Elk River Page 2 230 Evans C 1ERCAIL IRE Lim ismAL r fit"" Qg t(6 S."�.! ""'` '- .reau�as'e }� k fir_ ._ �. 1 F r —RZIDWZ ND S7 1 v r 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 p reserve 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 in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. 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 adequate/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\1'lanning\Case Files\CUP\CU 13-02 Bank of Elk River\C U 13-02 SR to PC 2-12-13.docx 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:\llepartments\Community Development\Planning\Case Files\CLIP\CU 13-02 Bank of Elk River\CL113-02 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 PID: 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.