6.13. SR 05-17-2004Item #
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Scott Harlicker, Senior Planne~"
May 17, 2004
V 04-02
Request by Olson General Contractors for Variance to the
Landscape Ordinance
6.13..
Request
Consider a request by Olson General Contractors for a variance to the landscape ordinance.
Location
Lot 2, Block 1, Cascade Industrial Park; Jarvis Street and 169~h Avenue alignment.
Zoninq/Land Use
I2 (Medium Industrial) / MI (Medium Industrial)
60 Day Rule
In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be
taken on this request by May 28, 2004
Attachments
· Location Map
· Landscape Plan that complies with the Landscape Ordinance
· Proposed Landscape Plan
· Site Plan
Memo to Board of Adjustments/V 04-02
April 27, 2004
Page 2
* Grading Plan
· Letter from applicant
Overview
The applicant is proposing to construct a 12,000 square foot building for a masonry
contractor with accessory outdoor storage. The proposed use is a masonry contractor. The
property is located on Jarvis Street, north of the railroad tracks, in the Cascade Industrial
Park. The property is currently undeveloped. The lot to the south is a m-storage facility;
the property to the north is undeveloped; the property to the west is a pipe yard, and single
family residences are on the east side of Jarvis Street. The surrounding properties, on the
west side of Jarvis, have a land use designation of MI (Medium Industrial).
The proposed landscape plan includes 33 trees, the landscape ordinance requires 1 tree per
40 linear feet of property line or 44 trees. Of the 44 trees required, 50% (22) will be
overstory, 25% (11) ornamental and 25% (11) evergreen. With the exception of the 22
evergreen trees, most of the trees will have a canopy that will not interfere with day to day
operations.
Analysis
In order to grant a variance from the literal interpretation of the ordinance, the following
five conditions must be met:
1. Literal enforcement of the ordinance will cause undue hardship.
Staff does not feel that literal enforcement of the ordinance would cause undue hardship.
There is sufficient space on the site to plant the required number of tress. The applicant
could reduce the number of required trees by planting larger trees and receiving credit.
The hardship is caused b~y apedal conditions and drcumstances, mhich are peculiar to the property and
the structure involved and which are not characteristic of, or applicabk to, other lands or structure in the
same area.
The property is similar in size to the other lots to the north and south. The dimensions
of this lot are not peculiar or special but are characteristic of other two adjacent lots. The
applicant could plant trees around the detention pond at the west side of the property,
within the 10' setback along the side lot line and in the front yard.
3. The literal application of the provisions of this ordinance mould deprive the petitioner of rights enj~ed by
otherproperties in the same district under the terms of this ordinance.
The literal application of this ordinance would not deprive the applicant of rights
enjoyed by other properties in this area. The lot to the south, developed as a mini-
storage facility, has an approved landscape plan that complies with the ordinance.
4. The ~pedal conditions and drcumstances are not a consequence of the petitioner's oran action or inaction.
S:\PLANNING\Case Files\2004\V 04-02 Olson General Contractors\V04-02CC5-17.doc
Memo to Board of Adjustments/V 04-02
April 27, 2004
Page 3
There are no special circumstances unique to this property
The variance mill not be injmious to or adversely affect the health, safe(y or melfare of the residents of the
d(y or the neighborhood where the properly is located and mill be in keeping with cpidt and intent of the
ordinance.
The request would not adversely impact other properties in the vicinity.
Board of Adjustment Meetin_a
At the Board of Adjustment meeting held on April 27th, the property owner to the north
spoke in favor of granting the variance. He felt that because the adjacent lots include
outdoor storage there is no need plant the required 44 trees. The applicant made the
argument that they are only using the 2/3 of the lot and should therefore only be required to
base the landscaping on 2/3 of the perimeter instead of the entire perimeter. The
Commission felt that the site was large enough to accommodate the required number of
trees, and the trees could be spread out around the site, not just clustered up front. The
Board of Adjustment unanimously denied the request for a variance to the landscape
ordinance.
Recommendation
It is recommended that the City Council deny this request for a variance to the landscape
ordinance to allow 33 trees instead of the required 44 trees based on the above findings.
S:\PLANNING\Case Files\2004\V 04-02 Olson General Contractors\V04-02CC5-17.doc
River
Case Number:
Location Map
CU 04-08 OLSON GENERAL CONTRACTORS
N
Planners · Designers · Builders
March 25, 2004
Scott Harlicker
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: Variance Request
Dear Scott:
This letter is to formally request a variance to the Elk River City Code Section 30-934:
Landscaping Requirements Subdivision 3, Minimum requirements for trees.
The literal enforcement of this ordinance is extreme due to the narrow and deep lot resulting in
a perimeter total that is disproportionate to the total able area of the property being develop.
The hardship is caused by the narrow lot. The property owner's business operations
require a yard area for truck maneuvering and storage. With the property being so
narrow, it limits the area for trees giving the effect of overcrowding.
The literal application of the provisions of the ordinance relative to the lot dimensions are
no fault of the property owner. The variance request is an attempt to utilize the building
and property to the highest and best use.
The restfict/ve nature of the perimeter calculation as it relates to this parcel is not a
circumstance or consequence of the property owner's action or inaction.
This variance will not adversely affect the health, safety, or welfare of the residents or
neighboring properties. In keeping with the spirit and intent of the ordinance, our goal is
to provide a landscaping plan that focuses on the front of the building. The reduction in
trees along the side lot lines would not have a negative impact on neighboring lots of
similar zoning.
Thap2<s for your consideration in this matter.
OLSON GENERAL CONTRACTORS, NC,
9201 52nd Avenue North, Suite 1, New Hope, MN 55428
Phone: 763/535-1481 · Fax:763/535-1484 · olsongc,com
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FILE CSPY
Rosa
Architectural
Group
/nc.
1084 Sterling Street
Si'. Paul, M/nnesota 55119
tel: 651-739-7988
fax: 651-739-3165
MAJESTIC MASONRY
ELK RIVER, MN
9201 52nd AVE. N.
NEW HOPE, MN 55428
763-535-1481
PROJECT NUMBER: 20404
DATE: MAR. 24, 2004
DRAWN BY: K. FACTOR
CHECKED BY: R. ROSA
REVISIONS:
LANDSCAPE PLAN
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LANDSCAPE PLAN
l. %,.,.-' %,,,.-
XNATdRAL
~FENCE LINE
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PROPOSED 2 - ~ ',
Rosa
Architectural
Group
Inc.
7084 Sterling Street
St. Paul, Minnesota 55179
~eJ: 657-759-7988
fox: 657-759-3755
MAJESTIC MASONRY
ELK RIVER, MN
TO RRST BRA~C~
G~AOE ~ PLANT TO E(~JAL
MULCH IN
PLANT SCHEDULE-LANDSCAPE PLAN
CODE QUANTITY
AP 9
SA 8
AS 8
SSC 4-
JTL 4
iD 8
TY 8
~ 14
LATIN NAME COMMON NAME
PINUS NIC-RA AUSTRIAN PINE
ACER SACCHARUM 'GREEN MT.' SUMMIT ~
ACER RdBRUM AUTUMN SPIRE RED MAPLE
MALUS, SP. SPRING SNOW SPRING ~ CRAB
SYRING RETICULATA JAPANESE TREE LiAC
CORNUS STOLONIF~ ISANTI DOGWOOD
TAXUS X MEDIA 'TAUNTONII' TAUNTON YEW
dU~¢~' C-'~'~NENSIS 'SEA~
SIZE
6'
2.5"
2_5"
1.5"
1.5"
.5 GAL.
$ GAL,
$ GAL
ROOT
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B&B
POT
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9201 52nd AVE. N.
NEW HOPE, MN 55428
763-535-1481
3" TO ¢' MULCH
SHRV~
TYPICAL PLAN?IiV~ DETAILS
(~NR~D0[O C~DAR
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PROJECT NUMBER: 20404
DATE: APRIL 22, 2004
DRAWN BY: K. FACTOR
CHECKED BY: R. ROSA
REVISIONS:
LANDSCAPE PLAN
L-1
Rosa
Architectural
Group
Inc.
i
~UlLDIN~,
, i
i
/
N
1084 Sterling Street
St. Paul, Minnesota 55119
tel: 651-739-7988
tax: 651-739-3165
MAJESTIC MASONRY
ELK RIVER, MN
9201 52nd AVE. N.
NEW HOPE, MN 55428
763-535-1481
PROJECT NUMBER: 20404
DATE: MAR. 24, 2004
DRAWN BY: K. FACTOR
CHECKED BY: R. ROSA
REViS;ONS:
SITE PLAN
A-I
882. J? Il
REGIONAL POND
HWL = 87?. 78
NWL = 874.00
572 ' '
574 ~'~ : - -.,
$76
878 ....
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DRAINFIELD:
NO FILL OR GRADtNG
IN THIS AREA
702. J1'
Ex BIT
88x 7
1250 GAL PUMP TANK ' /
/
1500 GAL DStCOMPARTMENT
SER77C TANK
HOLOING TANK
NON-DOMES77C WASTE
STORM SEWER SCHEDULE
(FO ON) (%) ~t.=--r ~
~ Ex EIFM
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-Building:
Front JO'
Rear 20'
Side 25'
SCALE ,IN FEET
t INCH = 30 FEET (22' X J,~' SHEET)
1 INCH = 60 FEET (11' x 17' SHEET.)
CORE DRILL CONNECT TO
EXIS77NG #8* STORM
MANHOLE AT 879.10
LOOA TION MAP.
I PARKING LOT SECT/ON
·
CRA VEL CONSTRUCTION ENTRANCE
W77"WB6RMAND$1LTF6NC~ JL
NOT TO SCALE
TYPICAL INSTALLATION FOR SILT FENCE
-Parking and
Drlvewoys
Front/Corner 25'
Side/Rear 20'
FRO~ ~
ROSA ARCHITECTURAL GROUP
1084 STERLING STREET
ST PAUL, MINNESOTA 55119
PHONE: (SSh) 7,3£-7988
PASSE ENGINEERINC, INC,
/611 HIGHWAY 10 N.E.
SPRINC LAKE PARK. MINNESOTA