5.5 PCSR 11-24-2015Request for Action
To
Item Number
Planning Commission
5.5
Agenda Section
Meeting Date
Prepared by
Planning Items
November 24, 2015
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Request by LeFebvre Companies for Interim Use
Zack Carlton, Planning Manager
Permit to extend temporary office use, Case No.
Reviewed by
CU 15-22 — Public Hearing
Action Requested
Recommend, by motion, approval of the interim use permit with the following conditions:
1. The Interim Use Permit shall expire on December 31, 2018.
2. No further Interim Use Permits for temporary structures shall be granted for the property.
Background/Discussion
The applicant is requesting an extension to their Interim Use Permit (IUP) to continue having a 12' by 44'
office trailer on the west side of the building. The trailer houses one office and 2-3 additional
workspaces.
The applicant received their original IUP in August 2006 that was set to expire August 31, 2009. In
September 2009 they received their first extension until December 31, 2012. In November 2012 they
received their second extension until December 31, 2015.
The applicant is requesting their third extension to the IUP for a temporary office structure.
To date, the applicant has had a temporary office structure on the property for 9 years and, if the current
request is approved, would have an IUP authorizing a temporary structure for a total of 12 years (2006-
2018).
The property is currently zoned Planned Unit Development (PUD) where trucking facilities with office
space are allowed.
Applicable Regulation
In determining whether to authorize an interim use, the Planning Commission and City Council shall
consider the following criteria:
The period of time for which the interim use permit is to be granted mill terminate before any adverse impacts are felt
upon adjacent properties.
No adverse impacts are anticipated with the current extension request.
2. There is adequate assurance that the property will be left in suitable condition after the use is terminated.
The property will be left in suitable condition after the use is terminated.
IF 0 1 E R E I O1
NATUIKIC
3. The use is similar to uses defined in the honing district in which the property is located.
Office space is allowed in this PUD district.
4. The date or event that will terminate the use can be identified with certainty.
The temporary structure was intended to meet the office needs of their business while they planned
an expansion to their existing building. Over the past 6 years, this expansion event has not been
identified with any certainty and there have been no assurances the use will terminate.
5. Authorising the use will not impose additional costs on the public if it is necessary for the public to take the property in
the future.
It will not impose additional costs.
6. The applicant and user agree to all conditions that the city council deems appropriate for authoritiation of the interim
use.
The applicant and user agree to all conditions.
7. The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the
interim use permit. The city council may require the applicant to deposit a cash amount with the city, or provide some
other form of security, to ensure compliance with this criterion.
There have been no assurances the use will terminate. The applicant applied for extensions in 2009
and 2012 and they are applying for another 3 year extension in 2015. If the proposed third IUP
extension is granted, the temporary structure will be in use on the subject property for 12 years.
8. Authoritiation of the interim use will not result in adverse effects on the public healtb, safety, or welfare.
There will be no adverse effects on the public health, safety, or welfare.
9. The proposed interim use is consistent with the City of Elk River Comprehensive Plan and conforms to the city's
honing regulations.
It is consistent with the City of Elk River Comprehensive Plan and conforms to the city's zoning
regulations.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30-658.
Although the standards for an IUP as outlined are not satisfied to permit the IUP, staff is comfortable
granting the IUP as requested with a condition that no further Interim Use Permits for temporary
structures shall be granted for the property.
Financial Impact
None
Attachments
■ Location Map
■ Applicants Narrative
■ Site Plans
■ Site Photos
\\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\CUP\CU 15-22 LeFebvre IUP Extend\CU 15-11 sr PC LeFebvre
11-24-15.docx
NAIII
75-457-023C
Le Fe bvre
Interim t\Se Permit
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Case No: CU 15-22 River'
October 7, 2015
City of Elk River
Chris Leeseberg, Senior Planner
13065 Orono Parkway
Elk River, Minnesota 55330
Dear City Council,
The purpose of this letter is to formally request a three year extension on our Interim Use
Permit for LeFebvre Properties LLP, from December 31, 2015' until December 31, 2018
This permit was originally approved by the City Council at their September 21, 2009
City Council meeting. The permit in question is set to expire on December 31, 2015
A soft economy has caused a major decrease in our business which is the hauling of
concrete products around the upper mid west.
This forces us to delay plans to build, remodel, or expand our existing facility located at
10895 171St Ave. NW. Elk River, MN
However, the need for this additional office space provided in the temporary trailer still
exists
The office trailer complies with all codes for wind loads, tie down, and handicapped
accessibility. It is painted to match the buildings and landscaping blends it nicely into
it's surroundings.
Respectfully submitted,
(;a 6, lv�;t
Bob Strong
Real Estate
LeFebvre Properties LLP
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Background
■ IUP extension
■ 12' x 44' temp trailer
■ 2006 original IUP
■ 2009 extended
■ 2012 extended
■ 2015 request
■ 9 years so far, 12 years if approved
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Interim Use Permit Requirements:
Criteria #4
The date or event that will terminate the use can be identified with
certainty.
The temporary structure was intended to meet the office
needs of their business while they planned an expansion to
their existing building. Over the past 6 years, this expansion
event has not been identified with any certainty and there
have been no assurances the use will terminate.
Interim Use Permit Requirements:
Criteria #7
The czpplicantprovides assurances deemed adequate by the city council
that the use will terminate as provided in the interim use permit. The
city council nay require the appliaznt to deposit cz cash amount with the
city, orprovide some other form of security, to ensure compliance with
this criterion.
There have been no assurances the use will terminate.
Interim Use Permit Requirements:
■ Although the standards for an IUP as outlined are not
satisfied to permit the IUP, staff is comfortable granting
the IUP as requested with a condition that no further
Interim Use Permits for temporary structures shall be
granted for the property.
Action Requested
Recommend, by motion, approval of the interim use permit
with the following conditions:
1. The Interim Use Permit shall expire on December 31,
2018.
2. No further Interim Use Permits for temporary
structures shall be granted for the property.