5.2 BASR 01-14-2014 .✓
`Elk Request for Action
River
To Item Number
Board of Adjustments 5.2
Agenda Section Meeting Date Prepared by
Planning Items January 14, 2014 Chris Leeseberg,Park Planner-Planner
Item Description Reviewed by
Consider Request by BWB Holdings,LLC for Jeremy Barnhart, Deputy Director, CODD
Variance to reduce the minimum lot size Reviewed by
Case No. V 13-10—Public Hearing
Action Requested
By motion, approve, approve with conditions, or deny the proposed variance that would allow the
platting of two lots that do not meet the minimum lot size or lot frontange requirements of the CRT
zoning district. If the variance is denied, specific reasons shall be stated.
Background/Discussion
The applicant is seeking a lot size variance as well as a lot frontage variance in order to proceed with a
proposed plat (P 13-04).
A variance for both the size and frontage requirements will be required for both outlots B and C. These
parcels are zoned Commercial Reserve Transition (CRT) and must have at least 300 feet of frontage and
be a minimum of 20 acres in size.
Lot Size
The proposed lot sizes are:
Outlot B: approx. 3 acres with 277' of frontage (17 acres undersized and 23'too narrow)
Outlot C: approx. 2 acres with 120' of frontage (18 acres undersitied and 180'too narrow)
Comprehensive Plan/Land Use
This land use identifies areas held in reserve for future commercial development. These locations are
well suited to development for highway business uses. Municipal utilities are not available to support
immediate development in this area. Also, the Comprehensive Plan seeks to guide development in
vacant land already served by utilities before opening new areas for growth. The reserve status allows
planning to facilitate the desired form of development in the future.
Applicants Proposal
The property owner is in the process of preparing the property for sale, and reviewing the access options
is necessary. MnDOT has directed intense uses (Mining) to employ an access at 215th (outlot C). As part
of that, some land swapping with impacted property owners is proposed.
The applicant believes that variances for Outlots B & C will not impede future development as they are
currently non-conforming lots due to size. They believe granting variances for these two outlots are an
important first step for the future planning for the area. Outlot C also provides the needed connection
P O W E R ED 1Y
NATURE
to the existing north/south 100'wide easement and to Highway 169, as desired by the Minnesota
Department of Transportation (MnDOT).
The use of outlots in the proposed plat highlights the need for future planning of the area, as outlots may
not be developed until they are platted. A property owner may mine an outlot.
Variance Criteria
When reveiwing the written and submitted information and any public comment, the Board of
Adjustments may only grant a variance if it finds that:
1. The variance is in harmony with the general purpose and intent of the ordinance.
The intent of the lot size is to protect against the parceling out of larger lots into much smaller
parcels,which may impede development. The number of lots will not change in the area.
2. The variance is consistent with the of Elk River comprehensive plan.
The comprehensive plan recognizes the evolving land uses in the area, and the need for further
planning. The variance does not impede this vision.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties means that:
1. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;
The CRT zoning district was developed to maximize the effect a long term plan has on the
development of this area. Though the plan has not been completed,the variances do not negate
the effect of this plan. The smallest lot proposed, Outlot C,is likely to be a temporary
intersection with Highway 169, and could be easily absorbed if a better location is identified
through planning.
2. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own
action or inaction;and
The proposed solution has been heavily negotiated between the property owners and MnDOT,
and its intended to address preexisting conditions and requirements of MnDOT and the City.
3. The variance, if granted, will not alter the essential character of the locality.
The proposed variance does not change the character of the locality.
Financial Impact
None
Attachments
• Location Map
• Applicants Narrative
N:\Departments\Community Development\Planning\Case Files\V\V 13-10 BWB Holdings-ERX Properties\V 13-10 sr Agg Comm 1-14-14.docx
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To : The City of Elk River—City Council Members & Planning Commission
Attn: Jeremy Barnhart Jan. 3, 2014
RE: Aggregate Commercial 2nd Add. Plat , ,,;,,;,, ,...,,,,64...__ y
Over the past 3 years BWB, ERX, MnDOT, &the City have been -discussing solutions for the collection of parcels on the east side of
Hwy. 169 near the existing 217th Avenue. We are pleased to present
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the plat before you and believe it represents an opportunity to solve a
number of ongoing challenges which ultimately lay the basis for good ... °2-' "- - s
long-term planning of the area
,
Existing Conditions&The Plat:
"1' # 7 `'.
The parcels are zoned commercial reserve/transition and are within
the aggregate mining overlay district. t
The plat includes 4 existing parcels which are proposed to be replatted r".• .% '"' v 17
into 1 lot &3 outlots. Two of the outlots (Outlot B & C) relate to the
preferred MnDOT connection at the future 215th Ave.
Parcel 3
Existing Access to Hwy. 169:
Parcel?
The properties currently access Hwy. 169 via 2 unimproved points— Outlot
A
217th (gravel right-in/right-out) and a pre-existing driveway at 215th. Parcel i j
■
MnDOT Improvements&Access:
Much of the driving force behind this plat relates to MnDOT's
preferred access location for the area (the future 215th Ave. as shown
as Outlot C on the plat). In the past, MnDOT has allowed R
limited/restricted use of 217th, but has not supported commercial use �"ropew b (orison
1,eoewa1e Book Property 1.1 Fourth P.,ty
at this location due to sight-lines & elevations. In 2012 based on AGGREGATE COMMERCIAL 2ND ADDITION
discussions with the applicants &the City, MnDOT installed partial •
improvements to the intersection at the future 215th Ave. in
anticipation this connection point would be utilized as a primary ....
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access point for parcels in the area. 1 COMM.
Outlot C would connect to an existing North-South easement. ;■r -_ a
Necessity& Benefits of the Variances: i= 'I.; ,
The variances being requested are for Outlot C and Outlot B. The -� k
existing parcel is approx. 5.5 acres. Outlot C is the proposed access *0
point &future right of way area at new 215th Ave. Outlot B is approx.
3 acres. The area of the existing parcel north of outlot C would be — -"-"-...
incorporated into Lot 1.
Based on discussions with MnDOT&the City,we believe approval of this plat is an opportunity to solve a number of
ongoing challenges which ultimately lay the basis for good long-term planning of the area:
1. The necessity of Hwy. 169 access at the future 215th Ave.was determined by MnDOT as preferred location.
They've installed improvements in support of this future connection. Concurrently,they modified the existing
217th Ave.to a right-in/right-out access.
2. The existing underlying parcel related to Outlots B&C is currently a non-conforming lot due to size. While
outlot B&C do not meet existing size/frontage zoning,they do not impede future development. The variances
related to these outlots are an important 1st step in laying the foundation for future access planning of the area.
Additionally,Outlot C provides a connection to the existing 100'wide North-South easement.
3. The plat contains 4 existing parcels. The number of parcels proposed by the plat remains the same at 4 parcels
(1 Lot&3 Outlots).
We are pleased to present the plat before you and appreciate your support.
Brent Hislop
Synergy Land Company
(612)590-0811
brent.hislop@SynergyLandCompany.com
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