5.2, 5.3 -Q '\1 ITEM 5.2. & 5.3.
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y of , RiverttIlk 1' TO: MEMORANDUM
Planning Commission
FROM: Scott Harlicker, Assistant Planner
DATE: July 23, 1996,,*
SUBJECT: DJ's Total Home Care Center Request
for Variance and Conditional Use
Permit, Public Hearing Nos. V 96-9
and CU 96-12
Request
DJ's Total Home Care Center is requesting a conditional use permit to construct
a second principle structure to be used as a storage building and variances for
the following:
• To allow pavement within 10 feet of the east and west property lines
• Temporary bituminous curbing
• • No curbing in the rear of the existing building
• The exterior of the proposed storage building to be painted metal.
Location
The property is located at 9940 Highway 10; Lot 3, Block 1, Avon Acres 4th
Addition
Zoning/Land Use
C3 (Highway Commercial) / HB (Highway Business)
Attachments
• Location map
• Zoning map
• Site plan
• Memo from City Engineer
• Sketch indicating possible phasing option for improvements
IP
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
0 Background
This lot is part of Avon Acres 4th Addition which was approved in 1974. The
applicant also owns the adjacent lot to the east, Lot 4, Block 1, Avon Acres 4th
Addition. The applicant has indicated that he has plans for future expansion on
these two lots and that this proposed building will be incorporated into those
expansion plans.
Existing Conditions
The property is bordered by residentially zoned property (Ria) to the south and
commercially zoned property (C3) on the east and west. To the north is Highway
10/169 and the frontage road. The property to the immediate east is vacant and
owned by the applicant; to the east of that is a mini storage facility. The
property to the west contains a storage building that is also used for vehicle
maintenance. The property to the south is vacant.
The site is approximately 1 3/4 acres in size and is long and narrow. It contains
a concrete block building, situated at the front of the lot, which is currently
utilized by the applicant as a showroom for fireplaces and air-conditioning units.
There is a semi-trailer parked on site, adjacent to the northwest corner of the
IIbuilding, that is used for storage.
The front of the site is paved up to the frontage road, to the east and west
property lines and around to the rear of the building. There is no landscaping,
no curb or gutters on the site and the rear of the property is vacant. The
blacktop is cracked with vegetation growing through it.
The front of the site is level to the front of the building. The lot drops off sharply
to the rear, approximately ten feet. The only access to the rear of the lot is over
approximately 20 feet of paved area between the west property line and the
building.
Variance Requests
The applicant is requesting variances to allow the following:
• To allow pavement within 10 feet of the east and west property lines
• Temporary bituminous curbing in the front of the site
• No curbing in the rear of the existing building
• The exterior of the proposed storage building to be painted metal.
There does not appear to be any physical, topographic or vegetative constraints
that would prohibit the applicant from complying with the pavement setback
III
requirement and curbing requirements. The applicant has indicated that the
variances are needed because the proposed curbing and paving is temporary
• pending future expansion of the facility. The future expansion would include
combining this parcel with the adjacent one to the east and providing access to
the rear of the site on from the east side of the newly combined lots. The
proximity of the existing building, approximately 20 feet to the west property
line, limits the possibility of accessing the rear of the lot along the west side of
the existing store.
If the applicant were to combine the two lots and incorporate some of the plans
for future access to the rear of the site now, the applicant could come up with a
design that would not require variances.
The Planning Commission does have some latitude regarding exterior building
finishes. The Commission can approve an architectural metal siding for the
exterior of the proposed building. The applicant will have to provide elevations
of the proposed building and show how the exterior is architecturally treated
(not a standing seam panel).
Since the applicant is planning on fully developing the two parcels in the future,
it is not clear what hardship will be faced by incorporating some of plans for
future access to the rear of the lot with this proposed plan.
• Staff refers the Planning Commission to section 900.40 of the Elk River Code of
Ordinances for the standards to consider when reviewing a variance.
Recommendation
It is staff's opinion that this request does not meet the five standards required
to grant a variance based on the following findings:
1. The literal enforcement of the Ordinance will not cause undue hardship
for the applicant because the applicant has expansion plans for the site
and this proposed development could utilize some of those plans to avoid
the need for variances.
2. There are no special conditions which are peculiar to this property.
3. Literal application of the Ordinance will not deprive the applicant of
property rights enjoyed by other properties in the neighborhood.
4. There are no special circumstances or conditions that are not a
consequence of the applicant's action.
• 5. The granting of this variance will be injurious to or adversely affect the
health, safety or welfare of the neighborhood.
III Site Plan
Parking and Access
Access to the site will be via two 24 foot wide driveways from the frontage road.
One access will be near the west property line the other will be near the east
property line. Since the future plans have an access on the adjacent lot to the
east, consideration should be given to moving the east access further to the east
and connecting to the existing parking area with a temporary driveway. Thereby
having the two access points in their permanent locations.
The applicant is proposing to access the proposed storage building along the
west side of the site. Because of the proximity of the existing store to the
property line and the slope going from the building to the property line, access to
the rear of the lot in this area will be difficult and will require paving up to the
property line. Since the applicant in the future development plans is showing an
access to the rear of the site on the adjacent lot to the east, consideration should
be given to providing access to the proposed building in the location where the
permanent access will be, thereby avoiding the need for a variance. Another
option would be to allow the area on the west side of the existing building to be
used to access the proposed building temporarily until the future addition is
III completed.
The parking requirements for this site are eight spaces for the store and three
spaces for the storage building. Five parking spaces are shown in front of the
store with one of them a handicapped space. This does not meet the parking
requirements set forth in the zoning code but there is room on the site to provide
additional parking if needed.
The applicant is proposing temporary blacktop curb around the front parking
area and no curbing around the blacktop area in the rear of the existing
building. Staff believes that the temporary curbing would be appropriate along
the east side of the paved area where the pavement will be expanded as part of
the future addition. Blacktop curb would also be acceptable along the pavement
from the west side of the store down to the proposed storage building if this area
is used as temporary access to the proposed storage building. However, on the
remainder of the site that will not be changed as part of the future expansion to
the east, concrete curb and gutter would be appropriate.
Phasing
Phasing the improvements is an option the Commission may wish to consider.
Concrete curb and gutter could be used in the front of the existing store and
IIIblacktop curbing could be used on the east side of the existing parking area and
from the front building line the west side of the pavement leading back to the
• proposed storage building. Part of the future addition would be to eliminate the
driveway on the west side of the building and replace the blacktop with grass
and install concrete curb from the store to the west property line and tie in with
the concrete curb installed as part of this approval.
Combining the two parcels needs to be included in any plans for development of
this site because the vacant parcel could be sold negating any future plans for
expansion.
Landscaping
The applicant is proposing an area of deciduous shrubs along the frontage of the
service road and two ash trees, one along the service road in the northwest
corner and another near the northeast corner. Moving the proposed access from
the east side of the existing site to it permanent location on the east side of the
adjacent lot would allow for additional landscaping in front. The applicant
should submit a landscaping plan that complies with the landscaping
requirements.
Grading and Drainage
• A grading and drainage plan has not been submitted; the City Engineer will be
reviewing the drainage and grading plan when it is submitted. This will need to
be reviewed and approved prior to issuance of a building permit.
Signage and Existing Storage Facilities
The existing signage on the building exceeds what the zoning allows. The
signage on the site should be made to comply with what is allowed. The semi-
trailer that is currently parked on site and used for storage should be removed
prior to the issuance of a building permit.
Recommendation
It is recommended that the Planning Commission recommend approval of DJ's
Home Care Center's request for a conditional use permit to construct a second
principle building on the site to be used as a storage building with the following
conditions:
1. Lots 3 and 4, Block 1 Avon Acres 4th Addition be combined.
2. The access proposed for the eastern side of Lot 3 be moved to its
permanent location on Lot 4 and a temporary access be provided to the
• existing store.
• 3. The existing paving within 10 feet of the west property line of lot 3 be
removed.
4. Concrete curb and gutter be installed around the perimeter of the paved
area with the exception of allowing blacktop curb where the parking lot
will be expanded as part of the future addition and along the pavement on
the west side of the existing building, from the front line of the building
back to the proposed storage building.
5. The existing pavement be patched and resealed.
6. All comments of the City Engineer's report be incorporated into revised
plans.
7. Signage on site shall be made to comply with what the zoning code allows.
8. The semi-trailer currently parked on site and used as storage shall be
removed prior to the issuance of a building permit.
9. The applicant comply with the landscaping requirements found in the
zoning code.
III10. No outdoor storage will be allowed.
•
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