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7.9. SR 07-17-2017Request for Action To Item Number Mayor and City Council 7.9 Agenda Section Meeting Date Prepared by Public Hearing July 17, 2017 Zack Carlton, Planning Manager Item Description Reviewed by Variance: Reduced Parking Requirements for Elk Chris Leeseberg, Senior Planner River Lodge Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, a variance for a reduction in the number of parking spaces required for an apartment building, with the following conditions: 1. The applicant will construct a 25-unit garage for use by residents of Elk River Lodge and Residential Suites. 2. The applicant will expand the parking lot to provide a total of 52 on-site parking stalls (1.44 stalls/unit). 3. The applicant will provide a proof of parking site plan, and enter into a proof of parking agreement with the city. The agreement will state that 19 additional stalls must be constructed in accordance with the proof of parking site plan when five parking concerns are identified in a six-month period. If the City Council does not believe the parking requirements can be adequately met, staff asks the Council to: Deny, by motion, the variance for a reduction in the number of parking spaces required for an apartment building based on the request not meeting the following standards for approval of a variance: 1. The general purpose and intent of the ordinance are not met. 2. The proposed use is not a reasonable use of the property. Background/Discussion Case No. V 17-02 The Board of Adjustments reviewed the variance request during their June 27, 2017, meeting. After discussion on additional on and off-site parking options, they recommended approval of the variance with the condition the applicant construct 20 additional surface parking spaces on site, and enter into a parking agreement for the Saxon Motors property. The applicant appealed the approval on July 7, 2017, and requested adjustments to the additional parking requirements conditioned by the Board of Adjustments. The property is located at 17432 Zane Street NW and is zoned FAST – The Point, where multi-family residential uses are a permitted use. The property was developed as a hotel in 1990, and operated as such until an Interim Use Permit (IUP) was approved for an extended stay hotel in the spring of 2016. The conditions for approval for the IUP state that an application for conversion of the hotel to an apartment building must be submitted to the city. The applicant has been working with the building department to address building code issues related to the conversion to an apartment building and has also been inspected as a rental facility in preparation for licensing as a multi-family apartment building. In order to meet zoning requirements for an apartment building, officially changing the designation from an extended stay hotel to multi-family residential, city code requirements related to parking must be addressed. The ordinance standard for apartment buildings is 2.5 stalls per unit – one of which must be covered, which means the 36 unit building needs 90 parking stalls. The applicant does not believe the facility will create a parking demand for 90 stalls, and has requested a variance to reduce the required number of stalls for classification as an apartment building. Analysis The 36 units within the building are a mix of efficiencies and one-bedroom apartments, but our ordinance does not calculate parking based on a unit mix, rather 2.5 stalls for a unit of any size. The site currently has 48 parking spaces and the proposed covered garage replaces 26 of the stalls with a 25 unit garage – reducing the overall number of parking spaces to 47. This proposal provides 1.3 stalls per unit, and staff cannot recommend approval without a plan for addressing potential future parking needs as the general purpose and intent of the ordinance would not be met. In speaking with the applicant since the Board of Adjustments meeting, he has agreed to construct additional surface stalls when the garage is built. He has stated that, with the changes to the parking lot and the addition of the garage, there will be a total of 52 on-site parking stalls – providing 1.44 parking spaces per unit. The applicant has also agreed to enter into a proof of parking agreement with the city, which will show where additional parking spaces can be constructed in order to provide 1.97 stalls per unit, if parking becomes an issue in the future. If the variance is approved, the proof of parking agreement will be brought to Council for approval at a later date. With the proposed changes from the applicant, staff is comfortable with the parking proposal as the unit mix of efficiency and one-bedroom apartments likely will not create a parking demand that would warrant 2.5 parking stalls per unit. Classification by the city as an apartment building and removal of the extended stay IUP will not occur until all conditions described above have been completed. If the conditions of this variance are not completed by April 4, 2019, the IUP will expire, and the property will not be permitted to continue operation. Applicable Regulation Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and Without additional parking and a proof of parking agreement, the variance will not be in harmony with the general purpose and intent of the ordinance as the required number of parking stalls for apartment buildings is to ensure adequate off-street parking for all residents and visitors. N:\\Public Bodies\\Agenda Packets\\07-17-2017\\Final\\7.9 sr ER Lodge Variance.docx 2. Is consistent with the City of Elk River comprehensive plan. The proposed use of the property as an apartment building is consistent with the comprehensive plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Without additional parking and a proof of parking agreement, the site does not provide enough parking for the facility, and is not a reasonable use of the property. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The conversion of the site from a hotel to an apartment building was requested by the applicant, but the city facilitated changes to the comprehensive plan and zoning which have reclassified the use from commercial to residential. The plight of the petitioner is due to circumstances unique to the property. 5. The variance, if granted, will not alter the essential character of the locality. The variance would not alter the essential character of the locality. 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