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4.2. BASR 04-27-1999 r-Q —\ \;. 4 Item# 4!a . I ., ity of lk, MEMORANDUM . River TO: The Board of Adjustments FROM: Stephen Wensman, Planner = iiti P � __d DATE: April 27, 1999 SUBJECT: Request by John C. Weicht and Associates for a Variance, Public Hearing Case No. V 99-5 Request Please consider a request by the applicant for a variance from: A) The drive aisle property setback. B) The off-street loading and overhead door access requirements. Location III 17201 Ulysses Street, Lot 3, Block 1, Rail 10, Section 11, Township 32, Range 26. Zoning/Land Use I1(Light Industrial) / LI (Light Industrial) Attachments • Location/zoning map • Site plan • Building elevations • Letter from applicant • Memorandum from Howard R.Green Company Overview Furniture and Things is proposing to expand their warehouse facilities located in the Rail 10 Industrial zoning district. The proposed expansion requires a variance to allow parking stalls adjacent truck loading docks and a variance to allow a drive aisle within the 10 foot setback from the property • line. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612) 441-7420 • Fax: (612)441-7425 Memo to the Board of Adjustments/V 99-5 April 27, 1999 Page 2 • Elk River City Ordinance Section 900.24, 14B of the Elk River City Ordinance regulating parking reads as follows: B. Access - Each required off-street loading berth and overhead doors shall be so designed as to avoid interference with other vehicular, pedestrian or rail access or use of public streets, alleys, or other public transport systems. These areas should include maneuvering area that does not interfere with parking stalls and designated drive aisles. In this case, the 8 parking stalls on the true north side of the building appear to conflict with the proposed loading dock area. It is also City policy to prohibit loading docks from facing a public right-of-way, however this is not specifically written in an ordinance. Furthermore, Section 900.24, 4A of the Elk River City Ordinance regulating parking reads as follows: A. In multifamily, commercial, and industrial districts, no parking area, drive aisle or loading space shall be located within ten (10) feet of any property lines except that zero lot lined developments may have parking that abuts the zero lot lined property boundaries . Further, non-single family residential uses located in single family residential or agricultural conservation districts shall also be subject to these requirements. Fire Code requires a fire lane of 20 feet wide, and the City generally asks for 24 feet wide fire lane. The applicant has proposed at points a 12 foot paved fire lane and an additional gravel area with grass covering to extend into the setback area. This gravel area is not intended to be plowed, however it is requested by the Fire Chief to in effect achieve the 20 foot lane width. Staff believes that if this area is to be potentially used for a drive aisle for fire trucks and needs to be clear of trees and the like, then in order to uphold the intent of the ordinance, it should be subject to the setback requirements and in this case require a variance. Granting of Variance Staff refers the Board of Adjustments to Section 900.40 of the City of Elk River Code of Ordinances for the five standards to consider when reviewing a variance. A variance may be granted only if it meets the following five conditions: • \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-5.doc Memo to the Board of Adjustments/V 99-5 April 27, 1999 Page 3 • 1. Literal enforcement of the ordinance will cause undue hardship. 2. The hardship is caused by special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the City or the neighborhood where the property is located and will in keeping with spirit and intent of the ordinance. The applicant believes both variances are warranted because without it the warehouse cannot expand as proposed and this will have a negative impact on delivery to the customers. The lot shape is unusual and creates a hardship for development. In regards to the location of the loading docks, there is little vehicular movement on site during the day when deliveries by truck occur. The applicant proposes screening the loading docks from the street. The applicant sees no adverse effects to health, safety and welfare The trucks are stored off site over night. (See applicants attached letter) A) Staff recommends denial of the variance from drive aisle setback requirements, because 3 of the 5 criteria for granting a variance cannot be met. The reasons are as follows: 1. Staff believes that the literal enforcement will not cause undo (unnecessary, unavoidable, extreme) hardship. The applicant at present has a reasonable use of the said property and is able to expand, however not to the extent being proposed. 2. Staff believes that the hardship is not caused by special conditions and circumstances which are peculiar to the property or structure involved because with a smaller building a variance would not be required. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district • under the terms of this ordinance because the adjacent property at \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-5.doc Memo to the Board of Adjustments/V 99-5 April 27, 1999 Page 4 present does not conform to city regulations regarding parking setbacks, curb and gutter, paving etc. 4. Staff believes that there are no special conditions and circumstances and that the need for a variance is a consequence of the petitioner's own action or inaction because a smaller addition, although not fully meeting the applicants immediate needs, can be built and comply with city ordinances. 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood because the portion of the fire lane that is proposed for the setback area will be made of gravel with grass over it. The area cannot contain trees, however it would not be plowed and would be green. B) Staff recommends denial of the request for a variance from the off-street loading and overhead door access requirements because 4 of the 5 criteria for granting variance cannot be met. The reasons are as follows: 1. Staff believes that literal enforcement of the ordinance will not cause undue hardship because the 7 parking stalls could be located near Ulysses or the city could require that the future parking be installed, requiring • hook up to sewer and water. 2. Staff believes that the hardship might be caused by special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area due to the shape of the lot and the need for additional loading docks associated with the expansion and the need for parking. 3. The literal application of the provisions of this ordinance would not deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. Although other properties do have overhead doors facing the street, there appears to be no other businesses nearby with loading docks and parking in conflict like the applicant's proposal. 4. Staff believes that there are no special conditions and circumstances and that the need for a variance is a consequence of the petitioner's own action or inaction because a smaller addition, although not fully meeting the applicants immediate needs, can be built and comply with city ordinances, or the parking stalls might be located elsewhere. 41 \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-5.doc Memo to the Board of Adjustments/V 99-5 April 27, 1999 Page 5 • 5. The variance may be injurious to or adversely affect the health, safety or welfare of the residents of the City or the neighborhood because car movements are in close proximity to the truck loading docks and trucks. Recommendation A) Staff recommends that the Board of Adjustments deny this request for a variance from the drive aisle requirements because the applicant cannot meet the following criteria: 1. STAFF BELIEVES THAT THE LITERAL ENFORCEMENT WILL NOT CAUSE UNDO (UNNECESSARY, UNAVOIDABLE,EXTREME) HARDSHIP. THE APPLICANT AT PRESENT HAS A REASONABLE USE OF THE SAID PROPERTY AND IS ABLE TO ADD ON,ALTHOUGH NOT TO THE EXTENT BEING PROPOSED. 2. STAFF BELIEVES THAT THE HARDSHIP IS NOT CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY OR STRUCTURE INVOLVED BECAUSE WITH A SMALLER BUILDING A VARIANCE WOULD NOT BE REQUIRED. 4. STAFF BELIEVES THAT THERE ARE NO SPECIAL CONDITIONS AND CIRCUMSTANCES AND THAT THE NEED FOR A VARIANCE IS A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION • BECAUSE A SMALLER ADDITION,ALTHOUGH NOT FULLY MEETING THE APPLICANTS IMMEDIATE NEEDS, CAN BE BUILT AND COMPLY WITH CITY ORDINANCES. B) Staff recommends that the Board of Adjustments deny this request for a variance from the off-street loading and overhead door access requirements because the applicant cannot meet the following criteria: 1. STAFF BELIEVES THAT LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE HARDSHIP BECAUSE THE 7 PARKING STALLS COULD BE LOCATED NEAR ULYSSES OR THE CITY COULD REQUIRE THAT THE FUTURE PARKING BE INSTALLED,REQUIRING HOOK UP TO SEWER AND WATER. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD NOT DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. ALTHOUGH OTHER PROPERTIES DO HAVE OVERHEAD DOORS FACING THE STREET,THERE APPEARS TO BE NO OTHER BUSINESSES NEARBY WITH LOADING DOCKS AND PARKING IN CONFLICT LIKE THE APPLICANT'S PROPOSAL. 4. STAFF BELIEVES THAT THERE ARE NO SPECIAL CONDITIONS AND CIRCUMSTANCES AND THAT THE NEED FOR A VARIANCE IS A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION f:\shrdoc\planning\stevewen\pcmmo\v99-5.doc Memo to the Board of Adjustments/V 99-5 April 27, 1999 Page 6 • BECAUSE A SMALLER ADDITION,ALTHOUGH NOT FULLY MEETING THE APPLICANTS IMMEDIATE NEEDS, CAN BE BUILT AND COMPLY WITH CITY ORDINANCES, OR THE PARKING STALLS MIGHT BE LOCATED ELSEWHERE. 5. THE VARIANCE MAY BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD BECAUSE CAR MOVEMENTS ARE IN CLOSE PROXIMITY TO THE TRUCK LOADING DOCKS AND TRUCKS. • • f:\shrdoc\planning\stevewen\pcmmo\v99-5.doc 7: ' - - – i,i'a '' a I-k - . ;91 , ! V. ? :—.TA! 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River V 99-5 13065 Orono Parkway •RO. Box 490 CASE: Elk River,MN 55330 w :.a 11=i1=11 1 11.11 1.=11=11- ,0 :1 c-i 1 ; i Ohl& i 1 , i ;;, Ct 1--1,tr,, 4 1 tA i 0, ) 1 r 1 1 °I as ii ;1 i ZZZ 11=1 '• II okp 1=11=11= 11=11=i N -��I II=11 1S Ci '.i T ii= 11 g !i- 11 II:I P p Ai - - , 11, 4 a4 9bIi ill. Igin 2 , = z FVF g -gm= Ln, q 4 -...7, _ P E • G X mv -o---U t4 8 INS v,IS ( 011A Nii C 'yt L 1 1111 ii I 't 9 -1 11 !CA ( Li °v rw3 8:�.... ' L, 1 ii F3 I N N�J IN IF 31 1 IF J . I r JOHN C. EICIIT AND SSOCIATES r(,IJft1 g 1HIN65 sire PAUL MEYER 111.114 n 9..1""""r`r" °e ZI" 7uw. r...1M•.. nwm y.wr..r 9r Y>. �11 PAWN CfelglRS IA JAREHO 5 v ARCHITECTS. INC. 1 em.y lyrr•we w r.e..r /- I�((A YY/KL�IVLIJb/Y/V �S NOTED 9905 Lm1 AVE NO/119 5.rrrr. 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NOTED 1M ma r le,� ��t 8906 IS01 AVE NO/110 131 19201 IF-1"55`J(.PAN 8 tiC1°' PLYMOUTH.NN.55.142 INAM X0000 Ell AVER.)/Mj09 0010 �� (612)557-9061 90 8103 ara, FM 557-6x33 h..9. 21818 — M I. 04/05/1999 12:08 6124415176 J WEICHT AND ASSOC PAGE 02 JOHN C. 1 EICHT AND A SSOCIATES LLP J►. A GENERAL CONTRACTORS BUILDINGS P.O. Box 368, Elk River, Minnesota 55330-0368 Telephone: (612) 441-4112 • Fax: (612)441-5176 April 5, 1999 Planning Department City of Elk River 13065 Orono Parkway Elk River, MN 55330 Attention: Mr. Steve Wensman Dear Steve, RE: Furniture and Things Warehouse Expansion We would like to request a variance as we are planning an addition to the existing building. The Furniture and Things business has grown to the extent that if the warehouse is not expanded, it will have a negative impact on delivery to the customers. There is little car traffic on this site, as the customers shop at the retail part of the business. Deliveries are loaded at the warehouse during the day. Delivery trucks are stored off site at night. This lot was plotted in the past by someone else and is unique in shape. Making a good use of it will be difficult. A better shaped lot would allow for this addition. It will have loading docks facing the street. Plans include extra screening to minimize visual impact. I see no adverse effects to adjoining property by granting this variance. Thank you. Sincerely, John C. Weicht Managing Partner • � � • H Howard R. Green Company L CONSULTING ENGINEERS April 15, 1999 File: 806950J-0240 Mr. Steve Wensman City of Elk River P.O. Box 490 13065 Orono Parkway Elk River, MN 55330 RE: FURNITURE AND THINGS WAREHOUSE EXPANSION Dear Ms. Wensman: As you requested, we have reviewed the submittal for the Furniture and Things Warehouse expansion located in the Rail 10 development on Ulysses Street. The review package consisted of a site plan prepared by John Weicht & Associates and a grading drainage and erosion control plan prepared by John Oliver&Associates. Based upon our review, we have two comments: 1. Both plans show a fire lane to be constructed around the north and east side of the building. The site plan shows the fire lane to be 24 feet wide, except at the northeast and northwest corners of the proposed expansion where the fire lane is narrowed to 12 feet because of the close proximity of the property line. The grading drainage and erosion control plan shows a 15 foot wide fire lane to be built of aggregate with topsoil and seeding placed on top of it. I have discussed this issue with the Fire Chief, I believe he requires a 20 foot wide bituminous fire lane. He has indicated, however, where the fire lane encroaches close to the property line around the northeast and northwest corners of the building, he would agree to a 12 foot wide bituminous fire lane with an additional 8 foot aggregate fire lane covered by topsoil and seeding. This raises the issue of the need for variance because of the setback requirement of 10 feet to the fire lane. Obviously, the portion built of aggregate base with seeding on top will be much closer than 10 feet to the property line. We believe this portion of the fire lane should be considered to need a 10 foot separation from the property line and therefore, would require a variance. • 1326 Energy Park Drive • St. Paul, MN 55108 • 651/644-4389 fax 651/644-9446 toll free 888/368-4389 Mr. Steve Wensman • April 15, 1999 Page Two 2. It is not shown on the plans where the existing septic system and well are located. However, with the expansion of the building and necessary expansion of the driving and parking area and also a future parking area shown out near the street, it does not leave any room for the on site sewer system and well. This area is scheduled to receive City sanitary sewer and water as part of the East Elk River Improvement. However, those utilities may not be available for hook-up until late next year. This raises two questions. One, are the existing on-site facilities being disrupted and/or removed due to this expansion and, two, should this expansion require the property owner to connect to sanitary sewer and water when it becomes available. If you have any questions regarding these issues, please call. Sincerely, HOWARD R. GREEN COMPANY Terry J. faurer, P.E. TJM:vtw • Howard R. Green Company CONSULTING ENGINEERS