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4.10 SR 08-05-2013 City of EW REQUEST FOR ACTION River TO ITEM NUMBER City Council 4.10 AGENDA SECTION MEETING DATE PREPARED BY Consent August 5, 2013 Jeremy Barnhart,Deputy Director, CODD ITEM DESCRIPTION REVIEWED By Extension of Conditional Use Permit for Thai Buddhist Center Cal Portner, City Administrator REVIEWED BY ACTION REQUESTED Approve by motion to extend Conditional Use Permit, Case No. CU 11-08 to December 31, 2015. BACKGROUND/DISCUSSION A Conditional Use Permit was issued to the Thai Buddhist Center on July 18, 2011, for the use of their property for an institutional use, and for certain improvements to accommodate the growth of that use. Improvements included expansion of the septic system, onsite parking, and the conversion and expansion of an existing detached structure for a kitchen and workshop space. To date, the septic system has been upgraded;however, the parking lot and building expansion have not been completed. The owners are in the process of fundraising,which has gone slower than expected. A Conditional Use Permit,if not substantially completed within 2 years, expires. The property owner seeks an extension to accommodate the remaining fundraising, and the ability to complete the work outlined in the permit. The property has been used as an institutional use since the approval in 2011. Staff supports the extension as work has been completed based on the project approval, and delays were unavoidable and unexpected. FINANCIAL IMPACT None ATTACHMENTS • Letter of request dated July 25, 2013 • City Council staff report dated July 18, 2011 POWERED By N:APublic Bodies\Agenda Packets\08-05-2013\Done\x4.10 sr Thai buddist center ext£docx INAMIRE1 Thai Buddhist Center of Minnesota 10863 208th Avenue NW, Ells River, MN 55330 July 25, 2013 To: City of Elk River, Thai Buddhist Center of Minnesota would like to request the extension of its Conditional Use Permit or CUP. The temple was granted the CUP in July 2011 and is now expired. Our community is still committed to build the addition but the shortage of fund, due to general slow down in economy in the past two years, has affected the temple's ability to carry out the construction. However, as slow as it is, we are expected to reach the financial goal by the end of 2013. In the mean time, the temple has upgraded its septic tank system to handle heavy use during monthly celebration. Also, our resident monks and members have prepared the site up to the point that is ready for future installation of road and parking lot. As ones can see, our community is moving forward with this plan and would like to request an extension of CUP for another two years. We are confident that with this extension we will be able to build and finish the addition. Sincerely, Wadsa Schneider, (952) 239-5714 Treasurer City of EW REQUEST FOR ACTION River TO ITEM NUMBER City Council AGENDA SECTION MEETING DATE PREPARED BY July 18, 2011 Jeremy Barnhart, Planning Manager ITEM DESCRIPTION REVIEWED By Request by Devin Peterson (Peterson Construction) on behalf of Thai Buddhist Center of Minnesota for a Conditional Use REVIEWED BY Permit for Institutional Use in R1a Zoning District, 10863 2081h Ave, Public Hearing— Case No. CU 11-08 ACTION REQUESTED Staff and the Planning Commission recommends approval of the Conditional use Permit for Institutional Use for the Wat Thai meditation center, as shown on the attached drawings with the following conditions: 1. As a Conditional Use Permit is not a Building Permit, the applicant shall receive all required permits. 2. The standards for issuance of the Conditional Use Permit shall be satisfied in perpetuity. 3. The development shall meet all applicable fire codes. 4. Parking lot improvements shall provide for ADA compliance parking spaces, a 24-foot wide drive aisle, and concrete curbing and shall be approved by staff prior to any construction. 5. An address number must be displayed at the entrance to the property. 6. No more than three freestanding accessory structures may be provided (e.g. shed, gazebo, and institutional space). BACKGROUND/DISCUSSION Thai Buddhist Center of Minnesota has requested Conditional Use Permit approval to expand an existing two stall garage with a kitchen and toilets. Internal improvements will include the conversion of the open garage area into a meditation room. The garage addition will match the existing structure. While use of one's home for bible study (regardless of frequency) is permitted,modification to a home to support such a study requires a conditional use permit. The expansion of the garage and conversion of a kitchen is an example. The attached Planning Commission staff packet is provided for more information. Planning Commission Comments This item was originally reviewed by the Planning Commission at their meeting on June 20, 2011. At the meeting, the Planning Commissioners were uncomfortable with approving the CUP without the final parking lot plan, or at least a better understanding of the impact these improvements would have on the neighborhood. The Planning Commission tabled the item to July, allowing the applicant to prepare materials to illustrate those impacts. N:APublic Bodies\Agenda Packets\08-05-2013\Done\x4.10 ot2 Thai Buddist center£docx Prior to the July 18th meeting, many of the Planning Commissioners had visited the site,noting that the applicant had taped off the boundaries of the parking lot addition. Commissioners commented that adjacent houses were not visible, and that not that many trees would be removed for the improvements. Public Comments Prior to the Planning Commission, a letter in opposition to the request was received, and is attached. During the June 14, 2011 meeting, residents provided the following comments: Concern about the number of people during events Concern with the "hundreds of cars" Signage Frequency of events Impact to property values Septic system damage due to cars Tree removal as part of parking lot expansion will change the neighborhood. No public was present during the July 12, 2011 Planning Commission meeting FINANCIAL IMPACT None ATTACHMENTS • June 14, 2011 Planning Commission packet • Letter of opposition • July 12, 2011 Planning Commission packet • Addition layout received July 12, 2011. Action Motion by Second by Vote Follow Up N:APublic Bodies\Agenda Packets\08-05-2013\Done\x4.10 ot2 Thai Buddist center£docx