4.4. BASR 09-28-1999 ( ITEM II 4.4.
MEMORANDUM
fifty of
Elk River TO: Planning Commission as the Board of
Adjustments
FROM: Michele McPherso irector of Planning
DATE: September 22, 1999
SUBJECT: Case Number: V 99-14
Request by the City of Elk River for a Lot
Area Variance, Public Hearing
Request
The City of Elk River requests approval of a lot area variance to reduce the lot area of
an industrial lot from one acre to approximately .85 acres.
Location
Part of 18513 Twin Lakes Road
• Zoning/Land Use
11 (Light Industrial)/LI (Light Industrial)
Attachments
• Location Map
• Site Plan
• Deschene Property Exhibit
Overview
The City of Elk River is building a new north-south road (Tyler Street) in the easterly
part of the City. In order to accomplish this, the City has acquired through negotiation
or condemnation, right of way. The City condemned all of 18513 Twin Lakes Road.
The subject parcel is the remnant created as a result of the condemnation of 18513
Twin Lakes Road and the Tyler Street alignment.
The property owner, George Deschene, conducts a business out of his home located
on the condemned property. He wants to relocate his business on the .85-acre
remnant that will be created as a result of the road design located west of the existing
411 house (refer to property exhibit). If the variance were approved, the City would sell this
parcel to Mr. Deschene for construction of an industrial building.
13065 Orono Parkway • P.O. Box 490 • Elk River,MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425
Memo to Board of AdjustmentsN 99-14
September 28, 1999
Page 2
• Analysis
Staff refers the Board of Adjustments to Section 900.40 of the Zoning Code for the five
standards to consider when reviewing a variance. A variance may be granted only if it
meets the following five conditions:
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 be in keeping with spirit and intent of the ordinance.
Literal Enforcement
Literal enforcement of the code requirement would render the lot unbuildable. The
Light Industrial district requires a minimum lot area of one acre. The subject parcel is
approximately .85 acres.
Special Conditions
The parcel has been created as a result of the City's condemnation and road design.
The adjacent property is developed, so there is no opportunity to add additional land to
the parcel to meet the minimum lot area.
Deprivation of Rights
As stated earlier, literal application of the code would render the property unbuildable.
The City gains taxable property if the request is approved and construction is permitted.
There are likely other properties within the Light Industrial district that do not meet the
minimum lot area in other areas of the City that have not created adverse impacts to
other properties.
•
Memo to Board of AdjustmentsN 99-14
September 28, 1999
Page 3
• Petitioner's Action or Inaction
The City was responsible for the design of the road, and could have anticipated the use
of the lot for an industrial use. However, other considerations affected the road design,
including the radius of the road as it leaves Twin Lakes Road and turns south, avoiding
wetlands east of the road to the greatest extent possible, and at the time, the possibility
of the subject parcel being used for development was not considered. It was thought
that the parcel would remain as open space.
Adverse Impacts
Granting the variance would not create adverse impacts to adjacent properties or uses.
The use of the site for industrial purposes is consistent with the adjacent property. The
site plan has been designed to meet all other code requirements for the Light Industrial
district.
Recommendation
Staff recommends that the Board of Adjustments approve this request to reduce the
minimum lot area from one acre to .85 acres as the applicant meets the following five
conditions for granting a variance:
• 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 BE IN
KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE.
•
DESCHENES PROPERTY 4
REQUIRED PARKING
• • 4500 SF MANUFACTURING-15 PARKING STALLS ''
• 500 SF OFFICE-2 PARKING STALLS
• 18 PARKING STALLS PROVIDED(ONE HANDICAP) Alo
REQUIRED LANDSCAPING
14 DECIDUOUS TREES TREES / T
5 ORNAMENTAL TREES
8 CONIFER TREES
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LOCATION N
City of MAP
E1k River
13065 Orono Parkway •P.O. Box 490 CASE: V qii 14
Elk River,MN 55330
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