5.4. - 5.6. SR 11-15-2004
Item#'s 5.4.-5.6.
MEMORANDUM
FROM:
Mayor and City Council
Scott Harlicker, Senior Plann#.
November 15, 2004
TO:
DATE:
SUBJECT:
Case No. LU 04-05, ZC 04-10 and P04-23
Request by Vance Zehringer on behalf of Habitat for Humanity
for Land Use Amendment, Rezoning and Simple Plat for
Sunrise Park
Reauest
Consider a request by Habitat for Humanity for tbe following:
. Land Use Plan Amendment from Highway Business to Rural Residential
. Zone Change from Highway Commercial to R1a Single Family residential
. Simple Plat
Location
The property is on tbe east side of Yale Street, soutb of 170"' Avenue.
Zonina/Land Use
R1a (Single Family Residential) I HOB (Highway Business)
Attachments
. Location Map
. Survey of property
. Memo from tbe City Engineer
. Map showing adjacent lot sizes
. Land use map
. Zoning map
. Letter from applicant
. Resolution No. 04-_
. Ordinance No. 04-_
60 Dav Rule
In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be
taken on this request by December 20, 2004
Overview
Proposed Project
The applicant is proposing to subdivide a 3.63 acre parcel into two lots. One lot will be .79
acres (Lot 1) and the other will be 2.84 acres (Lot 2). The parcel is currendy used as a mini-
storage facility. The mini-storage facility will remain on the 2.84 acre lot. The .79 acre lot will
be used to construct a single family home.
This project includes the following multiple applications:
. Variance Request for the .79 acre parcel
. Land Use Plan Amendment for the .79 acre parcel
. Zone Change for the .79 acre parcel
. Simple Plat
The variance request was approved at the November 9th Board of Adjustment meeting.
Existing Conditions
Lot 1 will have 256 feet of frontage on Yale Street. It slopes down from a high pint of 894
feet on the west side to 878 feet on the east side. The lot is wooded and contains no
structures. Lot 2 has 376 feet of frontage on Highway 169 and contains a mini-storage
facility.
The adjacent land uses include a day care to the north and single family to the west and
south. Adjacent zoning is C3 Highway Commercial to the north and R1a Single Family
Residential to the south and west.
The adjacent single family lots were platted as Mississippi Heights in 1976. None of the lots
in this subdivision comply with the 2.5 acre minimum lot size in effect today. Two of the
lots have been combined so that the combined lot exceeds 2.5 acres. There are 11 lots on the
same side of the street as the proposed lot, seven lots are smaller, three lots are about the
same size and one lot is larger. The lots on the opposite side of Yale Street exceed one acre
in size; however, the lots abut the Mississippi River and large sections of those lots are
floodplain or bluffs. The usable area of the river lots is less than one acre.
Analvsis
Land Use Amendment
The applicant is requesting a land use amendment from Highway Business to Rural
Residential for the proposed .79 acre lot. The land use for the 2.84 acre lot will remain
Highway Business. The proposed amendment would be compatible with the adjacent single
family land uses and the adjacent Rl a zoning. Rural Residential land use is appropriate for
this site because it fronts on a local street that services single family residences and abuts
single family residences.
Zone Change
The applicant is requesting a zone change from Highway Commercial to Ria Single Family
Residential for the proposed .79 acre lot. The zoning for the 2.84 acre lot will remain
unchanged. The proposed Ria zoning is consistent with the proposed land use of Rural
Residential and is compatible with the adjacent single family residential zoning.
Prelimina1;)' Plat
The applicant is proposing a two lot plat called Sunrise Park. The plat includes an
undeveloped .79 acre lot (Lot 1) that will be developed as a single family residence and a 2.84
acre lot (Lot 2) with a min-storage facility.
A variance for lot size is needed for Lot 1. The proposed lot will have 256 feet of fronrage
on Yale Street, will be 86 feet deep at the north end and 189 feet deep at the south end. The
proposed Lot 1 complies with the dimensional requirements of the Ria district.
Lot 2, the commercial lot with the mini-storage facility, complies with all the dimensional
requirements of the of the C3 district.
Drainage and Utility issues are addressed in the City Engineer's memo. Lot 1 is outside of
the urban service area and will be served with on-site septic and well. Lot 2 is within the
urban service but currendy utilizes on-site septic and well.
The Park and Recreation Commission recommended park dedication in the form of cash for
one lot.
Plannina Commission Meetina
At the Planning Commission meeting held on November 9th no one spoke at the public
hearing. The Planning Commission the Commission considered the land use amendment
and the zone change; they did not consider the simple plat. The Commission voted 7:0 to
recommend approval of the land use amendment and the zone change.
Recommendation
The Planning Commission and staff recommend that the City Council approve the proposed
land use amendment based on the following findings:
1. The proposed amendment would be compatible with the adjacent single family land
uses.
2. The proposed amendment is appropriate for this site because it fronts on a local
street that services single family residences.
3. The proposed amendment abuts single family residences.
The Planning Commission and staff recommend that the City Council approve the proposed
zone change based on the following findings:
1. The proposed Rla zoning is consistent with the proposed land use of Rural
Residential.
2. The proposed Rla zoning is compatible with the adjacent single family residential
zorung.
Staff recommends that the City Council approved the simple plat for Sunrise Park with the
following conditions:
1. All comments of the City Engineer shall be addressed.
2. Park dedication fees for one lot shall be paid prior to releasing the subdivision for
recording.
3. Surface water management fees for one lot shall be paid prior to releasing the
subdivision for recording.
4. The applicant shall provide information showing that there is a suitable location for a
septic system and a well on Lot 1.
-3
"TRAILS LEGEND
EXISTING SIDEWALK _ . . . . . . .
FUTURE SIDEWALK DDDODDOODODDoooaoo
EXISllNG PAVED TRAIL _ _ _ _ _
FUTURE PAVED TRAIL 000000000cooooo
FUTURE "TRAIL ................
FUTURE WIDENED SHOULDER J>,. ""I"V'MU'_ r
Location Map
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PLANT
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ease Number: V 04-08; LU 04-05; ze 04.10
HABITAT FOR HUMANITY
13065 Orono Parkway
Elk River, MN 55330
November 2, 2004
File #824570}-0240
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: SUNRISE PARKADDmON
Dear Mr. Harlicker:
As requested, we have reviewed the proposed plat of Sunrise Park Addition. Based on our
review and C9mments received at the staff review meeting, we would offer the following
comments:
1. The plat of Sunrise Park proposes to create two lots out of one existing lot. The existing
lot is zoned C3 and contains the mini storage facility located along East Trunk Highway
10. The lot that would be created would be on Yale Street and is proposed to be
rezoned to Rla, a residential zoning. Rla is a Rural Residential zoning with a minimum
lot size of 2 1h acres. The proposed lot to be created is only 0.79 acres, much less than
the minimum lot size. Therefore, it will require a variance for lot size. The proposed lot
is adjacent to lots within the Mississippi Heights Addition, which is a rural residential
subdivision platted in 1976. The four lots located immediately south of the proposed
new lot are actually only 0.55 acres in size. Therefore, the proposed substandard lot be
created is actually consistent in size with lots in the immediate area.
2. The proposed residential lot be created is relatively long and narrow with 256 feet of
frontage on Yale Street and a north lot line of only 86 feet in depth, and a south line with
a depth of 190 feet. The lot is wooded and has fairly severe topography, sloping from
Yale Street down towards the mini storage buildings located to the east.
Since this is a rural residential lot, there will need to be a well and septic system located
on the property. The septic system will need to identify a primaty area and a secondaty
area, should the primaty area fail. The site plan sketch shows the primaty and secondaty
septic systems to be located parallel to a steep slope of approximately 15-20%. I would
Phone: 763.635.1000
Fax: 763.635.1090
www.ci.elk-river.mn.us
Sunrise Park/P 04-23
November 2, 2004
Page 2
recommend that if this variance and plat is approved, that it be conditioned upon a
septic system design including percolation tests by a certified designer proving that an
adequate on-site sewage disposal system can be built on this lot. The site plan should
also show the well location, given the small area of the total lot, to ensure that a site can
be identified and meet all of the required setbacks.
If you have any questions regarding these comments, please call.
Sincerely,
Terry J. aurer, P.E.
City Engineer
S:\PLANNlNG\Case Files\2004\P 04-23 Sunrise Park\Engineer's memo.doc
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Sherburne County Habitat For Humanity
Buildi"R Our .."mmUIIII,
""ef!f)1'$('oJ/,"II'",r
Serving All Of Sherburne County
October 22, 2004
Elk River Planning Department
13065 Orono Parkway
Elk River, MN 55330
Subject: Lot Rezoning, Split, and Variance Request For Habitat For Humanity House
Habitat For Humanity is an ecumenical housing ministry dedicated to eliminating substandard housing
and homelessness. To date, we have built over 175,000 houses worldwide. We rely to a great extent,
on donations of land, building materials, and labor to provide safe, decent, housing to families who
otherwise could not afford one. The Sherburne County Chapter Habitat For Humanity was founded
in 2002 intent on building affordable housing in Sherburne County, one house at a time. To date, we
have only built one house. It is located in Livonia Township and was completed in 2003.
Since our founding, we have been looking for an affordable lot in Elk River. It seemed a hopeless task
as few leads always ended in land costs that placed it way beyond our reach! In September of this
year, our luck changed. Thiry and Jerry Minor of Elk River, offered to donate a very nice lot in Elk
River. It is in an area of modest homes, and it looks like a perfect fit for a Habitat house.
There are three changes that will be required before we can build a single family house on this lot.
The first is that it must be rezoned /Tom C-3, highway commercial to Rl-A, low density residential.
The lot in question is located behind Highway 10 commercial property with residential houses
abutting to the south and across Yale A venue to the west. This lot is too small and definitely not
suitable for commercial development.
The lot is part of a 3.63 acre commercial parcel which has no buildable land left other than the eight-
tenths acre that has been donated to Habitat For Humanity. Splitting the eight-tenths acre lot from the
3.63 acre commercial parcel and rezoning it for residential use is the best use for adjoining property
owners and for the City of Elk River.
We are also requesting that a variance be granted to allow HFH to build on this eight-tenths acre lot
where two and one-half acre lots are now required. When the abutting residential lots were developed,
one-half acre lots were considered acceptable for a private well and septic system. Indeed, existing
wells and septic systems of the houses in the immediate vicinity of this lot have functioned
satisfactorily without injuring or adversely affecting the health, safety or welfare of the residents of the
City or the neighborhood. It is our firm belief and that of our septic system consulting firm that soil
conditions, lot size, and gentle slope will support a healthy water supply and highly functional septic
system for many years. We are asking for the same consideration regarding lot size as adjoining
property owners were granted when they built their houses. We do not believe this is an unreasonable
or precedent setting request, because we are a charitable nonprofit organization asking for special
consideration, and this is the last buildable lot in the area that does not have access to City water and
sewer. We really need your support in this request to get our start toward affordable housing in Elk
River. Thanks in advance for supporting us in this endeavor.
S?~ ~~ >
Vance Ze{;;jn i
Sherburn~~ Ch er Habitat For Humanity
554 Third Street, Suite 200, Elk River, MN 55330 Phone 763/241-9536 Fax 763/241-8454
CITY OF ELK RIVER
RESOLUTION NO. 04 -
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN
TO CHANGE THE LAND USE FROM HB (HIGHWAY BUSINESS) TO RR (RURAL
RESIDENTIAL)
Case No. LU 04-05
WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure
for amending the Comprehensive Plan, and
WHEREAS, the Planning Commission held a public hearing on Tuesday, November 9,
2004 and recommended approval regarding the Comprehensive Plan amendment request for the
property generally described as:
Lot 1, Block 1, Sunrise Park,
Sherburne County, Minnesota
and,
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request
and finds the following:
1. The proposed amendment would be compatible with the adjacent single family land uses.
2. The proposed amendment is appropriate for this site because it &onts on a local street that
services single family residences.
3. The proposed amendment abuts single family residences.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River
that the Land Use Plan be amended to change the property as described above from HB (highway
Business) to RR (Rural Residential).
PASSED by the City Council of the City of Elk River this 15th day of November, 2004.
Stephanie Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk
S:\PLANNING\Case Files\2004\P 04-23 Sunrise Park\Resolution.doc
ORDINANCE 04 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY
FROM C3 HIGHWAY COMMERCIAL TO R1a SINGLE FAMILY
RESIDENTIAL
CASE NO. ZC 04- 10
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is hereby
amended to rezone the properties described as:
Lot 1, Block 1, Sunrise Park
Section 2.
The rezoning is being approved based on the following findings:
1. The proposed R1a zoning is consistent with the proposed land use of Rural
Residential.
2. The proposed R1a zoning is compatible with the adjacent single family
residential zoning.
Section 3. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this 15'b day of November, 2004, by the City Council of the City
of Elk River.
Stephanie A. Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk
S:\PLANNING\Case Files\2004\P 04-23 Sunrise Park\Ordinance.doc
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