5.3 PCSR 05-24-1994 tc.( \J AGENDA ITEM 5.3
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River MEMORANDUM
TO: PLANNING COMMISSION
FROM: STEVEN B. ACH, CITY PLANNER,
DATE: MAY 24, 1994
SUBJECT: REQUEST FOR CONDITIONAL USE
PERMIT BY ST. ANDREWS CHURCH,
PUBLIC HEARING, CASE NO. CU 94-16
REQUEST
St. Andrew's church is requesting a conditional use permit to construct a 60 x
60 (3,600 square feet) addition to be partitioned into four (4) classrooms.
LOCATION
• 428 Irving Avenue NW, Elk River (northeast corner of Irving Avenue and 4th
Street)
ZONING/LAND USE
R1C (Single Family Residential)/ MR (Medium Density Residential)
ATTACHMENTS
Location Map, Zoning Map, Site Plan, Floor Plan
BACKGROUND
0 1988 - City Council approved a conditional use permit for temporary
classrooms to be placed on the site for a maximum of two (2) years.
0 May 9, 1990 - City Council approved a conditional use permit to expand
the school and a variance to the front yard building setback.
0 May 20, 1991 - City Council approved a conditional use permit for St.
Andrew's to construct approximately 22,000 square foot church along with
a variance to the building height requirements (new church was never
built and conditional use permit has since expired).
• 0 September 21, 1992 - City Council approved a conditional use permit to
extend the use of temporary classrooms for an additional two years.
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
St. Andrews Page 2
May 24, 1994
•
ANALYSIS
St. Andrew's church is proposing to construct a 3,600 square foot new
addition that will be utilized for four (4) classrooms. The addition will
resolve a long standing issue of concern, primarily by the Building
Department, of the temporary classrooms that are presently being used. The
temporary classrooms present several building and fire code issues that are
difficult to resolve under temporary conditions. Furthermore, when the
conditional use permit for the temporary classrooms was granted in 1988, a
maximum two (2) year period was made part of the period. Enforcement of
this conditional use permit has been a tenuous endeavor by the Planning
Department, therefore, the proposed addition will also bring to closure this
enforcement issue.
The majority of the issues associated with the addition will be related to the
building code. From a planning standpoint, additions as proposed by St.
Andrew's typically trigger a review of the entire site for compliance with city
zoning ordinance requirements. Given the size of this addition in relation to
the overall site, coupled with resolving the temporary structure issue, it is
recommended the site issues be left for St. Andrew's next expansion plans.
IIIHowever, there is one improvement that may need to be made along with this
addition. Along the north edge of the building is a twenty (20) foot
emergency driveway that needs to be maintained as an operational access.
Before this new addition encroaches into that existing driveway, the drive
will have to be improved to go around the east side of the new addition.
BUILDING ELEVATIONS
Plans illustrating the materials to be used on the new addition have not been
submitted at this time. St. Andrew's is in the process of raising money for the
addition, which will include firing an architect to prepare the plans. It is
anticipated that the new addition will compliment the building materials
used on the existing school immediately to the west.
RECOMMENDATION
It is recommended the Planning Commission recommend approval of the
conditional use permit request by St. Andrew's church to construct a 3,600
square foot addition for four classrooms with the following conditions:
1. BUILDING MATERIALS BE COMPATIBLE WITH THE
0 EXISTING SCHOOL BUILDING IMMEDIATELY TO THE
WEST.
st-and.pc
St. Andrews Page 3
May 24, 1994
•
2. A TWENTY (20) FOOT FIRE LANE ON THE NORTH SIDE OF
THE BUILDING BE MAINTAINED AND OPERATIONAL.
THEREFORE, IF THE NEW ADDITION ENCROACHES INTO
THIS FIRE LANE, THE FIRE LANE WILL HAVE TO BE
IMPROVED TO SATISFY EMERGENCY ACCESS TO THE
SITE.
3. FUTURE ADDITIONS TO ANY OF THE BUILDINGS ON THE
ST. ANDREW'S CHURCH SITE WILL INCLUDE REVIEW OF
THE SITE IN RELATION TO THE CITY'S ZONING
ORDINANCE REQUIREMENTS.
•
•
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City Council Minutes Page 3
September 21, 1992
Steve Rohlf, Building and Zoning Administrator, stated that the
Planning Commission continued this public hearing until its September
22 Planning Commission meeting.
Mayor Tralle opened the public hearing. Mayor Tralle stated that the
City Council would continue this public hearing until the Planning
Commission has heard the issue.
COUNCILMEMBER SCHULDT MOVED TO CONTINUE THE PUBLIC HEARING ON THE
PRELIMINARY PLAT REQUEST FOR LAKE POINT SHORE AND THE VARIANCE REQUEST
BY MIKE LEARY AND MARILYN VANPATTEN UNTIL THE ISSUE HAS BEEN HEARD BY
THE PLANNING COMMISSION. COUNCILMEMBER DIETZ SECONDED THE MOTION
CARRIED 5-0.
5.5. Custom Motor's Action Plan
Steve Rohlf indicated that Custom Motors has presented the Planning
Commission with an action plan regarding the cleaning up of the
junkyard. He stated that the Planning Commission needed more time to
review the plan and, therefore, continued the item until another
meeting.
COUNCILMEMBER HOLMGREN MOVED TO CONTINUE ANY DECISION ON CUSTOM MOTORS'
ACTION PLAN UNTIL THE PLANNING COMMISSION CAN REVIEW THE ISSUE.
• COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
5.6. Conditional Use Permit Renewal Temporary Classrooms for St. Andrew's
Church/Public Hearing
Janelle Szklarski stated that St. Andrew's Church is requesting an
extension to their conditional use permit which allows temporary
classrooms to be used in conjunction with their regular school.
Janelle Szklarski stated that in 1988, the City Council approved a
variance and conditional use permit for St. Andrew's Church allowing
the temporary classrooms to be located on the site. She stated that
the temporary classrooms consists of a trailer structure. Janelle
Szklarski stated that allowing the trailer to continue as a classroom
removes the temporary status situation. She indicated that if staff
treats the trailers as permanent structures, then there are a number of
improvements required to meet the State Building Code. She stated that
the current situation does not meet the State Building Code or the
American Disabilities Act.
Mayor Tralle opened the public hearing.
Larry Toth, 813 Fawn Drive stated that he is a St. Andrew's Trustee.
He informed the Council that St. Andrews never intended for the
buildings to become permanent. He stated that the church still has
hopes of building a new facility and at that time, the structures would
be removed. He further indicated that the preliminary cost figures to
• make the temporary structures permanent far exceeds St. Andrew' s
budget. He indicated that it is not feasible to expect the church to
spend this amount of money for a temporary structure.
I
City Council Minutes Page 4
September 21, 1992
111411 Joanne Bednarski, Principal of St. Andrew's School, also stated that it
was never intended to make the structures permanent. She stated that a
major concern seems to be the American Disabilities Act and meeting the
handicapped accessibility codes. She suggested that if the classroom
receives a handicapped student, that the entire classroom be moved to
the permanent structure of St. Andrew's School. She further stated she
did not feel St. Andrews could afford to make the temporary structures
permanent and indicated that the Church would rather save the money to
put toward the building fund for a new facility.
Jeff Gongoll questioned what was necessary to make the structure
permanent. Cliff Skogstad, Building Official, explained that the State
of Minnesota does not clarify temporary buildings for educational
purposes. Cliff Skogstad explained what was necessary to bring the
temporary buildings up to code.
Larry Ebert, of 182nd Avenue, indicated that he felt the trailers were
temporary structures and questioned staff's recommendation of making
them permanent. He indicated that residents in the area would rather
that the trailers remain temporary so that they would eventually be
eliminated. Steve Rohlf, Building and Zoning Administrator, indicated
that the conditional use permit could have a time stipulation as a
condition.
• City Attorney Peter Beck, indicated that the two major issues were the
zoning code and the building code. He indicated that in accordance
with the zoning code, the Council must decide how long the trailers
should be allowed to be used for classrooms. The building code issue
revolved around the question of what needs to be done to the trailers
to bring them into compliance with the SBC. He further stated that on
top of the State Code regulations, the ADA has added federal
regulations that must be met.
Rita Johnson, Planning Commission representative, indicated that the
Planning Commission recommended approval of the conditional use permit
for two years with the stipulation that the buildings be brought into
compliance with the building code.
There being no further comments, Mayor Tralle closed the public hearing.
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT
FOR AN EXTENSION OF TWO YEARS FOR THE TEMPORARY CLASSROOM WITH THE
STIPULATION THAT THE TEMPORARY CLASSROOMS BE BROUGHT INTO COMPLIANCE
WITH THE BUILDING CODE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
5.7. Zoning Interpretation/Elk River Machine
Steve Rohlf indicated that Elk River Machine is proposing to add a
• 26,000 square foot addition to an existing building. Elk River Machine
is requesting an interpretation of the zoning ordinance as to whether
or not an addition of this size would require an amendment to the
original conditional use permit. The original conditional use permit
was required because the building was considered a second principal
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LOCATION MAP
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P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 53330 • (613) 441-7420
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