6.7. SR 03-20-2000'ity of
Item # 6.7.
iver
TO:
FROM:
MEMORANDUM
Mayor and City Council
Michele McPherso~,~Director of Planning
DATE:
March 2, 2000
SUBJECT:
Case Number: CU 00-3
Request by Tim Smith to Amend CU 94-17
by Removing Condition to Remove House;
Public Hearing
Request
The applicant requests that an amendment to CU 94-17 be approved. The requested
amendment would remove a condition of CU 94-17, which required removal of a house
on the subject property within three years of the previous approval.
Location
403 Main Street
Zoninq/Land Use
C-2, Office District/CB Central Business
Attachments
· Location Map
· Site Plan
· Letter from Applicant
· August 2, 1999 Letter to Applicant
· October 15, 1999 Letter to Applicant
· 1994 Staff Report
Overview
In 1994, the applicant requested a conditional use permit to allow a zero lot line
development for Lots 3-5, Block 15, Village of Elk River. The purpose of the request
was to allow a parking lot to be constructed across all three lots. The parking lot would
serve a new, two-story office building that would be constructed on the east % of Lot 4
and all of Lot 5.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor & City Council/CU 00-3
March 2, 2000
Page 2
A house existed on the parcel straddling the lot line between Lots 3 & 4. The applicant
indicated that he intended to expand the office building in the future, which would
require removal of the house. The City Council approved the request with the condition
that the house be removed within three years of the approval (June 20, 1997).
Analysis
In August of 1999, staff began working with the applicant in order to have him comply
with the condition from 1994 (refer to attached letters). Under the threat of criminal and
civil action, the applicant has selected the option of amending the conditional use
permit to remove the condition and allow the house to remain. The City must determine
the following issues:
What is the goal of the City for development along Main Street? If the goal is
to encourage commercial/office development, would allowing the house to
remain a detriment to that goal?
If the house is not detrimental to the development of commercial/office
development along Main Street, then the condition could be removed. The
house, however, would be nonconforming as dwellings are a conditional use
in the C2 District.
The development would also be nonconforming as there are two principle
structures on one lot, a condition that is only permitted in the PUD, Planned
Unit Development District.
The structure appears to be in good shape, with no apparent structural defects.
Planninq Commission Action
The Planning Commission made no recommendation regarding the request. The
motion to recommend that the condition be extended to June 20, 2003 failed due to a
tie vote. Some commissioners felt that the applicant had had enough time while others
felt that allowing the house to remain for a few more years would not be detrimental to
the City. The Commission, however, was in agreement that the house should not be
allowed to remain indefinitely.
Recommendation
The City Council must determine if it is appropriate to remove the condition from CU 94-
17 that required removal of the dwelling. If it is appropriate, then the applicant will be
required to bring the property into conforming status.
If the City Council denies the request, it must determine findings for that decision. Such
findings may include:
Memo to Mayor & City Council/CU 00-3
March 2, 2000
Page 3
The condition was part of the original approval; the City found removal of the
house was in the best interest of the City at that time and the City's opinion
has not changed.
The dwelling is nonconforming.
Allowing the dwelling to remain is inconsistent with the redevelopment of
Main Street to commercial uses.
City of
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
I. OCATION
MAP
CASE: C[..j 0'0-3
N
Main Street
~ ~ - '. ~:-,.:.
t. LI r_ ' ". '.. ,'-L~:' 'C-;: ~
ONLY
T UNLE
£ASEF
To the City. of Elk River.
Atler receivingyour letter in October, it has come to my attention that the building located at 413
Main St. is supposed to be removed from that location. I was quite supprised. I wasn't aware that this
condition even e,~stexl. Having. talked this over with Scott I-Iarlicker, he was not able to state the reason
why this would have been a condition of the permit. Scott stated that after checking deeper into it he was
still not abIe to telI me why it wouklhave been part oft_he permit~ Thinking back on the matter though, I do
remember being asked about our future plans for the building. I had replied that I would like to be able to
remove the buildingand re-build a new one there, if I could find a buyer. When asked how longthat would
take I replied that I was hoping to do this in about 3-5 years. Unfortunately, I'm not financially able to
undertake this venture at this time. I would li~e nothing, better than to sell a new building on that property
but as of yet ! haven't had any buyers. The City can rest assured that I am more than willing to construct a
new building, on that site whenever a buyer comes along As Scott and Michelle are aware I had been
working with one customer throughout the month of December, but the deal has fallen througtt The City. is
fully aware ofthe ffffficulty of tr~in~to sell commercfa[ ~rogert~, as it has owned the vacant land on the
800 block of Main Street for quite some time now.
I have dOne my best to keep the Cit~ informed of my l~rog~ess by staying in touch with Scott
Harlicker in my attempt to resolve this issue. Removal of the building at this time would place an extreme
financ/a[ burden on me. With the ability to rent the building.until I can find a buyer, I can at least have an
income to help me with the bills. The building will bring the city $1800.00 in tax revenue this year as
o~osed to al~roximately $800-$1;000.00 as vacant land. I'm sure that y. ou are all aware of the loss of t~x
revenue on the 800 block of Main Street. I am asking the City to please remove this condition from the
germit.
~ ' of
vet
August 2, 1999
Tim Smith
T.S. Construction
403 M~in Street
Elk River MN 55330
De~ Tim:
On June 20, 1994, you were granted a conditional use permit to construct an office
building at 403 Msin Street. One of the conditions of that permit was the house on
Lot 3 be removed from the property within 3 years from the date of City Council
approval. It is now five years since the City Council approved the conditional use
permit and the house has not been removed. Please begin the process of removing
the house by August 31, 1999.
If you have any questions regarding this matter,' please contact the Planning
Department at 441-4921.
Sincerely,
Senior Planner
s:\plAunin gXletters\tscomstr .doc
13065 Orono Parkway * P.O. Box 490 * Elk l~iver, MN 55330 · TDD & Phone: (612) 441-7420 * Fax: (612) 441-7425
City of
River
October 15, 1999
T.S. Construction.
Tim Smith
403 Main Street
Elk River MN 55330
Dear Tim:
On August 2, 1999, you were sent a letter informing you that you are not in
compliance with the conditional use permit granted on June 20, 1994 for an
office building at 403 Main Street. One of the conditions of the permit was that
the existing house was to be removed within 3 years from the date of City
Council approval. To date the house has not been removed.
Since the August 2nd letter you and I have had two phone conversations
regarding this matter, once on September 9th and again on September 28th. We
discussed the non-compliance with the conditions of your conditional use permit
and the need to remove the house from the property in a timely manner.
It is now October 15, 1999 and this issue has not been resolved. You have stated
that one of the reasons you have not removed the house is that you have a tenant
living there. In order to provide you with enough time to terminate the lease, the
deadline for removing the house has been extended to January 1, 2000. If the
demolition process has not been started by this time, this matter will be referred
to the City Attorney. Any further correspondence should be directed to Peter
Beck, City Attorney at Gray, Plant Mooty & Bennett, 3400 City Center, 33 South
Sixth Street, Minneapohs, MN. 55402.
Sincerely,
Scott Harlicker
Senior Planner
cc: Peter Beck
Pat Klaers
Larry Farber
S:\PLANNING\SCOTT\TIMSLET.DOC
13065 Orono Parkway * P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
':ty of
ver
TO:
FROM:
DATE:'
MEMORANDUM
ITEM 9.10.
JUNE 20, 1994
SUBJECT:
CONDITIONAL USE PERMIT
REQUEST BY T.J. PROPERTIES,
PUBLIC HEARING, CASE NO. CU 94-17
ISSUE
Consider a request by T.J. Properties for a conditional use permit for a zero
lot line development. " ':~ '
LOCATION
Southwest corner of Main Street and Freeport Avenue
ZONING/LAND USE
C2 (Office District)/CB (Central Business District)
ATTACHMENTS
Report to the Planning CommissiOn dated May 24, 1994
OVERVIEW
T.J. Properties is proposing to construct a two story office building with a
total of 5,048 square feet. In addition, the parking and driveway area as
proposed would cross over a property line .onto the adjacent parcel. In order
to accommodate this type of parking arrangement, a conditional use permit
for a zero lot line development is required.
The proposed building and site layout is very similar to other developments
that have recently been completed in this office corridor. Directly to the east
is Dennis Chuba's building that has also been developed with a zero lot line
development. Those buildings have estabhshed a "standard" for this office
corridor by having the buildings adjacent to Main Street while the parking is
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 ° (612) 441-7420 · Fax: (612) 441-7425
T.J. Properties
,Ju~ 20, 1994 '
............
located to the rear of the buildingS.`
further development proposals along this corridor.
Page 2
This concept will be continued with
ZERO LOT LINE DEVELOPMENT.
The main issues associated with a zero lot development for
parking and driveway area are:: ' '
a common
· Make sure the parkings'area has a mutual benefit for' each
properties.' ' '
of the
· Proper cross access and cross parking agreements are prepared and
executed.
· The shared ~hrking concept does not circumvent the setback requirement.
All three of these issues are satisfied with T.J. Properties' request for the
shared parking arrangement.
SITE PLAN REVIEW
The proposed development is a permitted use in the C2 Office District,
therefore, a specific site plan review of the development plans are being done
by the Concept Review Committee. Staff has met with the' developers and
presented issues relative to the development plans which need to be
addressed prior to issuance of a building permit. These issues will all be
incorporated into a final set of plans that will be approved and made part of
the.building permit.
Please refer to the attached report to the Planning Commission dated May
24, 1994, for additional information.
STORM DRAINAGE / FREEPORT AVENUE
One issue that has come up during the review of this development is the
condition of Freeport Avenue from the southern hmits of the subject property
towards Main Street. First of all, Freeport Avenue is a narrow street without
curb and gutter and experiences some erosion along the road edge. The
proposed development will contribute to this existing condition.
Staff has recommended the developer install a catch basin within their
proposed parking lot and extend a pipe to FreePort Avenue right .of way.
Therefore, at the time Freeport Avenue is improved, the applicant's private
tjprop.councfl
T.J. Properties
June 20, 1994
Page 3
storm sewer system can be easily connected with the pubhc improvements in
Freeport Avenue.
It is anticipated that the issue of upgrading Freeport Avenue will be brought
before the City Council in the near future. This improvement can either be
initiated by the City or those benefiting property owners. Negotiations with
property owners on both sides of Freeport Avenue will continue, hopefully
resulting in those benefiting property owners petitioning for the
improvements.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission unanimously recommended approval of the
conditional use permit for T.J. Properties' zero lot hne development.
RECOMMENDATION
It is recommended the City Council approve the request by T.J. Properties for
a conditional use permit, allowing a shared parking and driveway, with the
following conditions:
CROSS ACCESS/ CROSS PARKING AGREEMENTS BE
PREPARED ANDEXECUTEDANDRECORDEDWITH
SHERBURNECOUNTY.
ALL PARKING AREAS BE IMPROVED WITH A
BITUMINOUS SURFACE AND B612 CONCRETE CURB
AND GUTTER.
A LANDSCAPE BUFFER CONSISTING OF DECIDUOUS
SHRUBS AND EVERGREEN TREES BE PROVIDED
ALONG THE SOUTH PROPERTY LINE BETWEEN THE
PROPOSED PARKING AREA AND RESIDENTIAL
DISTRICT.
e
THE HOUSE ON LOT 3 BE REMOVED FROM THE
PROPERTY WITHIN THREE (3) YEARS FROM THE
DATE OF CITY COUNCIL ACTION.
PAYMENT OF A STORM DRAINAGE FEE IN THE
AMOUNT OF $600 PER ACRE BE MADE PRIOR TO
ISSUANCE OF A BUILDING PERMIT.
tjprop.council
T.J. Properties
June 20, 1994
Page 4
e
A TEN (10) FOOT DRAINAGE AND UTILITY EASEMENT
BE PROVIDED AROUND THE PERIMETER OF THE
PROPERTY.
ALL ISSUES OUTLINED IN TERRY MAURER'S MEMO
DATED MAY 13, 1994, BE INCLUDED ~ND MADE PART
OF THIS RECOMMENDATION.
~jprop.council
E[ R,ver
TO:
).GENDA ITEM 5.6
MEMORANDUM
PLANNING COMMISSION
FROM:
STEVEN B. ACH, CITY PLA_NN~R
DATE:
M_AY 24, 1994
SUBJECT: REQUEST FOR CONDITIONAL USE
PERMIT BY T.J. PROPERTIES, PUBLIC
HEARING, CASE NO. CU 94-17
REQUEST
T.J. Properties is requesting a conditional use permit for a zero lot line
development allowing a shared parking and driveway. ,.
LOCATION
Southwest corner of M~n Street and Freeport Avenue
ZONING/LA~rD USE
C-2 (Office District)/CB (Central Business)
ATTACHMENTS
Location Map, Zoning Map, Proposed Site Plan, Building Elevations, Letter
from Terry Maurer
OVERVIEW
T.J. Properties is proposing to construct a two story office building with a
total of 5,048 square feet. In addition, the parking and driveway areas as
proposed would cross over a property line on to the adjacent parcel. In order
to accommodate this type of parking arrangement, a conditional use permit
for a zero lot line development is required.
ANALYSIS
The main issues associated with a zero lot line development for a common
parking area are:
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
T.J. Properties
May 24,~ 1994
Page 2
Make sure the parking area has a mutual benefit for each of the
properties.
· Proper cross-access and cross-park!ug .agreements are prepared and
executed. ' -'
· The shared p.arking concept, does not circumvent the setback
requirements. ·
Similar requests, and certainly there will be others, along the Main Street
office corridor have been presented to the Planning Commission. Dennis
Chuba has a similar arrangement and James Rossman has plans that will
inclUde"a common driveway. These types of parking areas provide an
efficient use of the relatively small lots within this 'corridor, improve
vehicular circulation, and reduce access points onto Main Street.
FUTURE EXPANSION OF PROPOSED BUILDING ~.
At some later date, T.J. Properties 'Will remove the 'existing home from the
parcel immediately to the west and make room for a builc]~ug expansion.
That expansion will require additional par -]ring spaces and will comp]~ment
the shared park~ug design as proposed.
The long range plans for this area include extending the park~ug and
driveway further west, which will eventually connect with Sherburne County
Abstract & Title buila~g. This will continue development of the Main Street
office corridor by emphasizing buildings along Main Street and parking to the
rear.
SITE' PLAN REVIEW
Since this development is'a permitted use, a specific review of the
development plans are being done by the Concept Review Committee.
However, the following is an overview of issues associated. With 'this
development.
Pedestrian Circulation
Sidewalks will need to be provided from the parking area to the
building and connecting with the sidewalks along the south side of
Main Street.
tjprop.pc
T.J. Properties
May 24, 1994
Page 3
Landscaping
Directly to the south of the parking area, is a residential district,
therefore, additional landscaping will need to be provided estabhshing
a buffer to the residential homes. This buffer shall consist of a
combination of deciduous shrubs and evergreen trees providing year
round screening. In addition, there are a couple existing tress on site
which should be identified and incorporated into the site plan.
Parking Area
The parking area should be constructed with a bituminous surface and
bounded with B612 concrete curb and gutter. The entrance drive off of
Freeport Avenue should align with the entrance to Freeport' Financial
Center directly to the east. This alignment will provide for safe traffic
movements in the event someone is crossing Freeport Avenue from one
office building to another.
Removal of House
The home on Lot 3 is proposed to remain in place. With the paz-king
lot improvements occurring on the same parcel, there is now
improvements being made to a legal non-comforming use (house in a
commercial zone). Therefore, it is recommended a sunset date of thxee
(3) years from the time of approval for removal of the house be
established.
~ECOMMENDATION
It is recommended the Planning Commission recommend approval of the
request by T.J. Properties for a conditional use permit allowing a shared
par-king and'driveway with the following conditions:
1. CROSS ACCESS/ CROSS PARKING AGREEMENTS BE
PREPARED AND EXECUTED AND RECORDED WITH
SHERBURNE COUNTY.
ALL PARI(ING AREAS BE IMPROVED WITH A
BITUMINOUS SURFACE AND B612 CONCRETE CURB Ab,rD
GUTTER.
tjprop.pc
T.J. Properties
May 24, 1994
Page 4
o
o
A LANDSCAPE BUFFER CONSISTING OF DECIDUOUS
SHRUBS AND EVERGREEN TREES BE PROVIDED ALONG
THE SOUTH PROPERTY LINE BETWEEN THE PROPOSED
PA,RICING AREA AlXrD RESIDENTIAL DISTRICT.
THE HOUSE ON' LOT 3 BE REMOVED FROM THE
PROPERTY WITHIN THREE (S) YEARS FROM THE DATE
OF CITY COUNCIL ACTION.
PAYMENT OF A STORM DRAINAGE FEE IN THE AMOUNT
OF $600 PER ACRE BE MADE PRIOR TO ISSUANCE OF A
BUILDING PERMIT.
A TEN (10) FOOT DRAINAGE AND UTILITY EASEMENT BE
PROVIDED AROUND THE PERIMETER OF THE
PROPERTY.
ALL ISSUES OUTLINED IN TERRY MAURER'S MEMO
DATED MAY 13, 1994, BE INCLUDED AND MADE PART OF
THIS RECOMMENDATION.
tjprop.pc