4.1. BASR 11-23-1999 Item# 4.1.
Oity of � MEMORANDUM
Elk •
River TO: The Board of Adjustments
FROM: Stephen Wensman, Planner,
DATE: November 23, 1999
SUBJECT: Request by Gary and Shelle Perleberg
for a Variance, Public Hearing
Case No. V 99-15
Request
Please consider a request by the applicant for a 7 foot (700 SF) variance from
the 10 foot minimum Parking/Driveway Setback from the property line.
Location
817 Main Street NW. (Legal Description: Village, Lot 3, Block 6, Elk River).
• Zoning/Land Use
C1 (Central Commercial) / CB (Central Business)
Attachments
• Location map
• Site plan
• Letter from the applicant
Overview
The applicant is requesting a 7 foot variance from the 10 foot minimum
parking/driveway setback from the property line to construct a driveway to
access an existing garage and to create off-street parking.
The property is the home of the Nook, a gift shop, and Natural Expressions, a
flower shop, and a residential apartment. Presently, there is no parking on
the property for the business delivery van or the resident's cars. Main Street
is posted with a 3 hour limit and no overnight parking. The applicant has
• approached nearby businesses with larger parking lots for permission to rent
or use their parking lots, but has been turned down.
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 99-10
August 24, 1999
Page 2
•
The use of the delivery van is central to the flower shop's business and
parking is essential. The driveway would provide access to the applicants
existing garage and provide parking for the residents, employees, the
delivery van and free up on-street parking.
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:
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.
When considering the variance request, staff concurs with the a pp licant that
there is significant hardship and that a variance is warranted for the
following five reasons. (See the attached letter from the applicant).
1. Staff believes that the Literal enforcement will cause undo (unnecessary,
unavoidable, extreme) hardship because the applicant has no off-street
parking for their residents, employees and commercial delivery van.
2. Staff believes that the hardship is caused by special conditions and
circumstances, which are peculiar to the property or structure involved
• because the property presently has no parking and an existing garage
with no access to it.
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-15.doc
Memo to the Board of Adjustments/V 99-10
August 24, 1999
Page 3
•
3. The literal application of the provisions of this ordinance would deprive
the applicant of rights enjoyed by other properties in the same district
under the terms of this ordinance because this building is the only
commercial building in the Central Business District without off-street
parking.
4. The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction because the applicant has tried all
other alternatives, the business has grown, and the on-street parking has
become increasingly unworkable.
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
property originally had a driveway to the rear of the building, all other
commercial buildings have off-street parking, and the parking will be for
employees and residents only.
Recommendation
Staff recommends that the Board of Adjustments approve this request for a 7
• foot variance from the 10 foot minimum parking/driveway setback from the
property line based on 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 IN
KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE.
•
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• To The Board of Adjustments of Elk River:
For the past three and one half years,we, Gary and Shelle Perleberg have
owned and operated-out of the commercial property at 817 Main Street in Elk
River. Currently we and our employees are parking in front or near the
building and most employees work a-four to-sip-hour shift. Because of the
three-hour parking rule issued by the City of Elk River in the downtown area,
we have to move our vehicles throughout the day.- Also, during the winter
months due to snow removal,we have had to move our vehicles. We are open
10-to 12 hours daily Monday through Saturday.- This process of moving
vehicles throughout the day does cut into our productivity time,ultimately
affecting our profits and our employees have received a few parking tickets
because they have not moved there vehicles in a timely manner.
We have talked with adjacent neighbors who have parking lots, possibly to rent
parking spaces. Everyone has told us no. We would also like to add that
because of the additional parking needed during times of funeral visitations
from the funeral home next door, we have been unable to find any parking for
our delivery vehicle so we might reload and continue with our floral deliveries.
We have contacted the City of Elk River for parking permits in front of our
building so we might be exempt from the parking rule and to leave our
delivery vehicle in front of the premises at night. We were issued two parking
permits located by the Elk River Utilities parking lot because we had tennants
living above our building on a full time basis. They only used these spaces at
night and on weekends, leaving the spaces free during the day for Elk River
Utility employees to park. These spaces would not currently help us as we
would need three to four spaces directly in front of our building during the day
to efficiently conduct our business.
We are currently the only commerical building downtown that does not have
off street parking. Our only alternative would be to put in a driveway on the
east side of the building and a small parking lot on the south side of the
building. There is enough space to put the driveway and parking lot in, give us
access to our garage that is located on the southeast side of the property and
enough space for our employees and delivery vehicle to park. This would also
free up parking spaces in front for our customers. The site plan indicates the
dimensions and it would flow with the current spirit and intent of other
driveways and parking lots in the downtown area.
• Also, because there has been an increase of customer traffic due to-the merger
of a downtown business with us, it would be appropriate to have all our
deliveries made from the rear entrance, creating an excellent flow in and out
the front entrance for our customers.
To summerize, we are the only building downtown that does not-have off street
parking or access to off street parking. We have exhausted all other
alternatives to this problem. We hope you will consider this variance to be the
best solution to our parking problem and therefore granting us this variance to
put our driveway and parking lot in.
Sincerely,
Gary and Shelle Perleberg
Natural Expressions Florist and The Nook Gifts
Enclosures
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