7.4. SR 12-21-2015Template Updated 4/14
Request for Action
To
Mayor and City Council
Item Number
7.4
Agenda Section
Public Hearing
Meeting Date
December 21, 2015
Prepared by
Chris Leeseberg, Senior Planner
Item Description
Interim Use Permit to Extend Temporary Office
Use, LeFebvre Companies
Reviewed by
Zack Carlton, Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, 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
Case Number CU 15-22. The applicant requests an extension to their Interim Use Permit (IUP) to
continue having a 12’ x 44’ office trailer on the west side of the building. The trailer houses an office and
2-3 additional workspaces.
The applicant received their original IUP in August of 2006 that was set to expire August 31, 2009. In
September of 2009 they received their first extension until December 31, 2012. In November of 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.
Planning Commission
The Planning Commission agreed that the temporary building was well-kept but felt the applicant needs
to decide if they are committed to making this interim use building a permanent part of their facility. The
Planning Commission felt three years was a reasonable amount of time for the applicant to investigate
making the temporary structure a permanent part of their building.
The Planning Commission unanimously recommended approval of the request with a condition that no
further IUPs be granted.
Additional information
The Planning Commission requested staff inform the Council of any building permits pulled in the past,
such as roof inspections. A Building Move-In permit was applied for and granted. Items inspected were
footings, tie downs, framing of vestibule, and fire/exiting signage.
Financial Impact
None
Attachments
Planning Commission Memo dated November 24, 2015
tyik _ Request for Action
River
To Item Number
Planning Commission 5.5
Agenda Section Meeting Date Prepared by
Planning Items November 24, 2015 Chris Leeseberg, 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:
1. The period of time for which the interim use permit is to be granted will 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.
P~0 / ERE ® ® 1
I`A "UREE
3. The use is similar to uses defined in the zoning district in which the propery is located.
Office space is allowed in this PUD district.
4. The date or event that will terminate the use can be identified with certainy.
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. Authorizing the use will not impose additional costs on the public if it is necessary for the public to take the propery 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 authorization of the interim
use.
The applicant and user agree to all conditions.
7. The applicant provides assurances deemed adequate by the ciy council that the use will terminate as provided in the
interim use permit. The ciy council may require the applicant to deposit a cash amount with the city, or provide some
otherform of securiy, 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. Authorkation of the interim use will not result in adverse effects on the public health, 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
zoning 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
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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,
e
Bob Strong
Real Estate
LeFebvre Properties LLP
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