7.2. SR 04-17-2017 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public Hearin s Aril 17, 2017 Chris Leeseber , Senior Planner
Item Description Reviewed by
Zone Change from R-1c to R-2b,Dale and Anne Zack Carlton,Planning Manager
Beaudry— 617 Xenia Avenue Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt,by motion, an ordinance to rezone certain property from R-1c (single-family residential) to R-2b
(two-family residential) with the following conditions:
1. A rental license for the existing multi-family building be applied for and approved by May 31,
2017.
2. Prior to issuance of a rental license, the trash containers must be screened and relocated to a point
at least 10 feet from the property line.
3. All vehicles must be parked on an approved surface meeting required setbacks.
Background/Discussion
Case Number ZC 17-02
The applicant received a letter from the city dated September 12, 2016,indicating the use at the subject
property as a multi-family residence is not in accordance with the city codes. The applicant is applying
for a zone change to bring the property into zoning compliance and maintain the duplex use.
The home appears to have been constructed in the 1940's. The Building Official will inspect the building
and identify code requirements specific to a multi-family building.
The site meets the parking standard of 2.5 stalls per unit for multi-family dwellings but the paving
surfaces are not clearly identifiable. One of the required parking stalls must be a covered parking stall.
Five off-street parking stalls are available,with one covered stall in a detached accessory structure.
The trash containers are located in the detached structure and tucked up behind the house. Commercial
and multi-family facilites require screening for dumpsters. Single-family homes are also required to store
trash containers out of view from the public right-of-way.
Applicable Regulation
In revien)ing a proposed amendment, consideration shall be given to existing conditions P)ithin the area directjand indirectly
affected by the proposal, the conservation of propeqy values, the use to P)hich the properly affected is being devoted at the time,
and relevantprovisions, if any, in the land use plan.
POWERED 6T
AR
The purpose of the Comprehensive Plan is to establish a framework and expectations as to the future use
of land. The Comprehensive Plan guides the subject property for urban residential uses, and the
maximum density allowed by the R-2b zoning will not exceed the recommended density.
Properties within a half mile of the subject property are guided (Comp Plan) for residential uses and are
zoned residential. The home has been used as a duplex for many years, and the zone change brings the
parcel into compliance.
Spot zoning is always a consideration when looking at a small rezoning application. Standards define spot
zoning as "the process of singling out a small parcel of land for a use classification totally different from
that of the surrounding area for the benefit of the owner of such property and to the detriment of other
owners." The comprehensive plan notes that densities up to eight dwelling units per acre are encouraged
in the urban residential zones. The plan also identifies R-2b as an existing district appropriate for the
zone, and calls out townhomes and multi-family uses.
In the review of the standards for a Zone Change as outlined,it appears that the request is consistent
with all of these standards.
Planning Commission Meeting
The Planning Commission had no questions, comments, or concerns. No one spoke for or against the
request and staff has not received any comments since the Planning Commission meeting.
The applicant has no issues with the recommended conditions.
The Planning Commission unanimously recommended approval of the request.
Financial Impact
None
Statutory Review Period
Per State Statute 15.99 the required 60-day review period ends on April 28, 2017.
Attachments
■ Location Map
■ Applicant's Narrative
■ Site Plan
■ Area Zoning
■ Proposed Zoning
■ Ordinance
N:APublic Bodies\Agenda Packets\04-17-2017\Final\7.2 sr.docx
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7777
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: Zone Change Request for 617 Xenia Avenue NW, Elk River, MN 55330 (75-402-0190)
To Whom It May Concern,
We are respectfully submitting this request for a zone change for 617 Xenia Avenue NW, Elk
River, MN 55330, from Single Family Residential to Two Family Residential. We purchased the
property in 1991 as a duplex and all indications are that it had been a duplex for a long time
before we purchased it. We were notified by the City of Elk River with a letter dated September
12, 2016 that the use of our property as a multi -family building is not in accordance with city
codes and must cease operation as a multi -family facility. We would like it to remain a duplex as
it always has been.
o There is a triplex at 611 Xenia Avenue NW, Elk River, MN (75-426-0110) that
borders our property that was recently approved as a multi -family facility.
o Our property is a house with separate entries, two separate driveways (one in
front, one in back) with ample parking space in each. We also have a single car
garage.
o The duplex provides affordable housing for residents of the city of Elk River.
Thank you for your consideration on this matter.
Sincerely,
Dale and Anne Beaudry
612-282-8360
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Agricultural Re arch
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Single Famil Residential
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Single F ily Residential
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Singl amity Residential
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Si gle Family Residential
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Two Family Residential
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Planned Unit Developement
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Downtown District
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Mixed Use - Elk River Plaza
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Commercial Reserve Transition
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Central Business District
C2
Office District
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Ordinance 17 -
An Ordinance Amending the City of Elk River Zoning Map to Rezone Certain
Property from R-I c to R-2b.
Case No. ZC 17-02
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to
rezone the property described on attached Exhibit A to R-2b Two-Family Residential
SECTION 2.That the rezoning approved by this Ordinance is based on the following findings:
1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as
part of the City of Elk River Comprehensive Plan.
SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 17th day of April, 2017.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
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