6.5. SR 04-19-1999
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Item # 6.5.
MEMORANDUM
The Mayor and City Council
FROM: Stephen Wensman, Planner;; W
DATE:
April 19, 1999
SUBJECT:
Request by Gopher State Mini
Storage for a Parking Setback
Variance, Public Hearing
Case No. V 99-2
Request
Please consider a request by the applicant for a variance from the parking
setback.
Location
Lot 5, Block 1, McChesney Industrial Park
. ZoninlZ/Land Use
II (Light Industrial) / LI (Light Industrial)
Attachments
. Location/zoning map
. Site plan
. Parking setback variance
. Applicant's letter
. Memo from Howard R. Green
Overview
The applicant is applying for a variance and a conditional use permit to
construct additional mini-storage buildings and drive lane in the McChesney
Industrial Park in the II zoning district. At the March 23 public hearing, the
Board of Adjustments denied the applicant's variance due to concerns of the
Fire Chief and City Engineer. An issue raised by Commissioner Kuester was
whether the proposal exceeded the 40% allowable lot coverage in the II zone.
Since the public hearirig, the applicant has worked with staff and has
. addressed these issues and has eliminated the need for a building setback
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
Memo to the City CouncilN 99-2
April 19, 1999
Page 2
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variance. Furthermore, the building coverage is less than the 40% allowable
in the Industrial zoning district.
Setbacks Reauirements
The parking setback is 10 feet from property lines.
Variance Request
To accommodate necessary vehicular access around the proposed building,
the applicant is requesting a variance of 9 feet, or roughly 2,304 square feet
of variance from the parking setback along the railroad right-of-way.
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.
Staff and the applicant believe that the variance from the parking setback is
justified and that literal enforcement of the ordinance will cause the
applicant undo hardship because:
.
\ \elkriver\sys\shrdoe\p 1 anning\stevewen \eemmo \ v99- 2ee. doc
Memo to the City CounciUV 99.2
April 19, 1999
Page 3
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1. Literal enforcement will cause undo hardship such that it would prohibit
access to the back side of the mini-storage building or limit the type of
storage building that could be constructed
2. The hardship is caused by special conditions and circumstances which are
peculiar to the property and structure involved. The two sided mini-
storage structure matches those already existing on site and fills a market
demand for a variety of stall sizes. The two sided mini-storage structure
requires access on two sides for emergency and customer vehicles.
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. Other properties have been developed
to the maximum potential, disallowing the variance would limit the
development potential of this site.
4. The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction. The location of the existing storage
buildings and the design requirements of the mini-storage use allow for
little flexibility in the design or layout. It is the nature of mini-storage to
have access on both sides.
. 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
variance occurs adjacent the railroad property which in effect provides an
adequate buffer from the use of the property.
Recommendation
Staff and the Board of Adjustments recommends that the City Council the
request for a variance from the parking setback based on the following
findings:
1. LITERAL ENFORCEMENT WILL CAUSE UNDO HARDSHIP SUCH THAT IT
WOULD PROHIBIT ACCESS TO THE BACK SIDE OF THE MINI-STORAGE
BUILDING OR LIMIT THE TYPE OF STORAGE BUILDING THAT COULD BE
CONSTRUCTED.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND
CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND
STRUCTURE INVOLVED. THE TWO SIDED MINI-STORAGE STRUCTURE
MATCHES THOSE ALREADY EXISTING ON SITE AND FILLS A MARKET
DEMAND FOR A VARIETY OF STALL SIZES. THE TWO SIDED MINI-
STORAGE STRUCTURE REQUIRES ACCESS ON TWO SIDES FOR
EMERGENCY AND CUSTOMER VEHICLES.
.
\ \el kriver\sys\shrdoe \planning\stevewen \eemmo \ v99- 2ee. doc
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Memo to the City CouncilN 99-2
April 19, 1999
Page 4
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. OTHER PROPERTIES HAVE BEEN DEVELOPED TO THE
MAXIMUM POTENTIAL, DISALLOWING THE VARIANCE WOULD LIMIT THE
DEVELOPMENT POTENTIAL OF THIS SITE.
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A
CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE
LOCATION OF THE EXISTING STORAGE BUILDINGS AND THE DESIGN
REQUIREMENTS OF THE MINI-STORAGE USE ALLOW FOR LITTLE
FLEXIBILITY IN THE DESIGN OR LAYOUT. IT IS THE NATURE OF MINI-
STORAGE TO HAVE ACCESS ON BOTH SIDES.
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 VARIANCE OCCURS ADJACENT THE
RAILROAD PROPERTY WHICH IN EFFECT PROVIDES AN ADEQUATE
BUFFER FROM THE USE OF THE PROPERTY.
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ZONING
MAP
CASE NO. V 99-2, CU 99-10
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February 22, 1999
Planning and Zoning
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Dear Sir:
The purpose of this letter is to request a variance for my new mini storage building to be located
15' from the Railroad property line, rather than the 20' normal setback. We would also like to
request a variance to locate the drive lane I' from the railroad property line value rather than the
10' normal set back.
In so doing, this would provide a wider and safer driveway between the new and existing
buildings (24' rather than 19'), both for the customers to access their storage spaces better and
also for any emergency vehicles (i.e., fire trucks) in case they needed to get into that area.
Since the property line is adjacent to the Railroad tracks and there is no potential for future
development in that area, I don't feel this would create any problems to allow this variance.
We will, of course, comply with any and all other conditions as required to be granted both our
Conditional Use Permit and the variance as requested.
Thank you very much for your consideration.
Sincerely,
O~ /flo.vl
Arnie Mach
Gopher State Mini Storage