6.3, 6.4 r-Q A.(
ITEMS 6.3. & 6.4.
` MEMORANDUM
amity of .11
�lk ,, •
RiverT0: Planning Commission
FROM: Scott Harlicker, Assistant Planner
DATE: September 24, 1996
SUBJECT: Request for Variance by DJ's Total Home
Care Center, Public Hearing Case No.
V 96-9 and Request for Conditional Use
Permit, Public Hearing Case No. CU 96-12
Request
DJ's Total Home Care Center is requesting a conditional use permit for a second
principle structure to be used as a storage building and variances for the
following:
• To allow pavement within 10 feet of the north and south property lines
III
• Temporary bituminous curbing
• No curbing in the rear of the existing building
• The exterior of the proposed storage building to be painted metal
Attachments
• Report to Planning Commission dated July 23, 1996
• Site plan
• Memo from City Engineer dated 9/20/96
Background
This application was last considered by the Planning Commission on July 23,
1996. At that meeting the Commission requested following additional
information:
• Information on plans for purchasing the undeveloped parcel to the south
• Contact the adjacent property owner to the north regarding using that
driveway to access the warehouse
• A grading and drainage plan
• Increased landscaping
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission
Page 2
September 24, 1996
• To date the applicant has provided a contract for deed for the adjacent property
to the south, Lot 4, Block 1, Avon Acres 4th Addition. The contract indicates that
the applicant will own the property by October 1996. However, the applicant has
indicated that he does not plan on combining the lots.
The applicant has indicated that he has not contacted the owner of the property
to the north regarding access. The applicant does not wish to utilize the
neighboring driveway to access to rear of his lot.
The applicant has provided a grading and drainage plan. The plan covers the
rear of the site in the area surrounding the proposed warehouse. The grading
plan has been forwarded to the City Engineer for his review and comment.
The applicant has not provided a revised landscaping plan. It is staff's
understanding that the applicant would like to proceed with the landscaping
shown on the existing site plan.
In summary, the applications and site plan before the Commission are
essentially unchanged from what was proposed back in July. The only additional
information is the grading and drainage plan for the rear of the lot. Since the
• applicant does not plan on combining the 2 lots, staff is reviewing this proposal
as a final product without any future expansion.
Variance Request
With the exception of pavement within 10 feet of the property line along the
north side of the existing building, staff does not believe that the variance
requests meet the 5 standards required to grant a variance. Regarding the
variance request for pavement within 10 feet of the property line along the north
side of the existing building, the location of the building, the narrowness of the
lot and topography make access to the rear of the lot difficult at best.
Regarding the other variance requests for parking and access setbacks, curbing
and architectural requirements, there does not appear to be any physical,
topographic or vegetative constraints that would prevent the applicant from
complying with the zoning code requirements.
This property is under consideration for rezoning to light industrial. If the
rezoning is approved, curbing will not be required in the rear of the existing
building except to control drainage. In addition, the architectural requirement of
75% of the exterior of the proposed building consisting of material on the
• approved exterior material list will be reduced to 25%.
Memo to Planning Commission
Page 3
September 24, 1996.
0
Recommendation
It is recommended that the Planning Commission recommend approval of a 5
foot variance request to allow pavement within 5 feet of the property line along
the north side of the existing building based on the following findings:
1. The literal enforcement of the ordinance will cause undue hardship for the
applicant because the only reasonable access to the rear of the long narrow
lot is along the north side of the existing building. In order to provided the
necessary access, the pavement will have to be within 10 feet of the north
property line adjacent to the existing building.
2. The special conditions which are peculiar to this property is it's long
narrow dimensions and the steep slope down to the rear of the of the lot
3. Literal application of the Ordinance will deprive the applicant property
rights enjoyed by other properties in the neighborhood.
• 4. There are special circumstances or conditions that are not a consequence
of the applicant's actions in that the location of the building, shape of the
lot and topography were not a result of any actions made by the applicant.
5. The granting of this variance will not be injurious or adversely affect the
health, safety or welfare of the neighborhood provided drainage is
controlled by curbing and at least 5 feet of grass between the pavement
and the north property line.
It is recommended that the Planning Commission recommend denial of the
request for the following variances:
• To allow pavement within 10 feet of the north and south property lines
(outside the area identified above)
• Concrete curb and gutter requirement (may not apply to rear of property if
property is rezoned to light industrial)
• Architectural standards for exterior building finishes
based on the following findings:
1. The literal enforcement of the Ordinance will not cause undue hardship
for the applicant because there is no physical, topographic or vegetative
•
Memo to Planning Commission
Page 4
September 24, 1996
• reasons why the applicant could not comply with the requirements of the
zoning code.
2. There are no special conditions which are peculiar to this property that
would impact the variance requests listed above.
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 not be injurious to or adversely affect
the health, safety or welfare of the neighborhood.
Conditional Use Permit
Issues
The following is a summary of the outstanding site plan issues:
• • Parking and access
Two 24 foot wide driveways are proposed to provide access from the Highway
10 frontage road. Because of the narrowness of the lot and the size of the facility,
staff believes that 2 driveways are excessive and the site could be adequately
served by one curb cut. The applicant is providing 5 parking spaces which does
not meet the parking requirements. There is space on the site to provide
additional parking if needed. The applicant should show on the site plan were
the demonstrated parking area would be located. Because of the condition of the
existing pavement, it will have to be resurfaced as part of the site improvements.
The applicant is proposing blacktop curbing on the site. Concrete curb and
gutter is required throughout the site. The property is included in an area that
is currently under consideration for rezoning to light industrial. If the property
is rezoned, alternatives to concrete curb and gutter are available for the rear of
the property. The following alternative would be available if the rezoning is
approved:
The curb and gutter would not be required to the rear of the
building except to control runoff. Concrete curb and gutter would
still be required in the front of the existing building.
• • Landscaping
Memo to Planning Commission
Page 5
September 24, 1996
• The applicant is proposing an area of deciduous shrubs and 2 ash trees along
the frontage road. The zoning code requires 15 trees based on the formula of
dividing the perimeter of the property by 40. The applicant should revise the
landscaping so that it complies with what is required by the zoning code.
• Grading and drainage
A grading and drainage plan has been submitted to the City Engineer for his
review and comment.
• Architectural features
The applicant is proposing a painted metal warehouse. The zoning code
requires that 75% of the exterior of the building consist of materials on the list of
approved exterior building finishes. Painted metal is not on that list. The
applicant should provide elevations of the building showing that it complies with
the requirements of the zoning code. However, should the property be rezoned to
light industrial as proposed, the percent of the exterior finish that consists of
material on the approved list is reduced to 25%.
• Existing signage and storage
• The existing signage exceeds what zoning allows. The signage on the site
should be made to comply with the sign ordinance. 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 the
request for a conditional use permit to construct a second principle building on
the site to be used as a warehouse with the following conditions:
1. The proposed 2 driveways which provided access to the site from the
frontage road be reduced to one.
2. The demonstrated parking area has to be shown on the site plan.
3. The existing paving shall be patched and resealed.
4. There shall be no pavement within 10 feet of any property line with the
exception of the area to the north of the existing building where pavement
will be allowed within 5 feet of the property line.
•
Memo to Planning Commission
Page 6
September 24, 1996
• 5. Concrete curb and gutter be installed around the perimeter of the front
paved area.
6. The applicant comply with the landscaping requirements found in the
zoning code.
7. Signage shall be made to comply with the sign ordinance.
8. The semi-trailer currently parked on site and used as storage shall be
removed prior to the issuance of a building permit.
9. No outdoor storage will be allowed.
10. The exterior of the proposed warehouse shall comply with the
architectural requirements as stated in the zoning code.
11. If the property is rezoned to light industrial, site improvements and
exterior building finishes shall comply with those effective in the light
industrial district.
12. Revised site plan incorporating all the conditions of approval be provided
• for staff review and approval prior to the issuance of a building permit.
S
SEP-20-1996 10 24 P.02iO3
• 11
MINING ENGINEERS
1326 Energy Pork Driye September 20. 1996
St.Poul,MN 55108 File: 230-332-11
612.644-4389
1-800-888-2923 Mr. Steve Ach
Fax:612-W-9446 City PIanner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: D-J's HOME CENTER SITE PLAN REVIEW
Dear Mr. Ach:
•
CIVIL ENGINEERING, As requested, we have reviewed the Grading and Drainage Plan for D-J's Home Center.
ENVIRONMENTAL The Site Plan was prepared by John Oliver & Associates, andwas dated and had a
MUNICIPAL revision date of August 22, 1996. Based on our review, we would offer the following
•PIANNING comments:
SOLID WASTE
STRUCTURAL 1. This property is a relatively long and narrow parcel. It appears from the existing
SURVEYING contours that natural flow of drainage was from west to east across the parcel.
TRAFFIC There is not enough information provided to ensure that the natural drainage from
TRANSPORTATION the property to the west will be allowed to continue to flow. The existing 874
contour just ends on the property to the west. It is unclear whether or not a large
ELECTRICAL/MECHANICAL flat area will be created by the proposed grading on D-J's parcel. More
ENGINEERING; information should be provided.
HVAC
POWER DISTRIBUTION 2. Around the proposed building, there is an 873 contour that is shown and it is
xADA labeled as a 1% grade. Actually, to create a 1% grade, that contour will have to
SYSTEM CONTROLS
be cut back and ended further south on both the east and west side of the building.
3. There is a piece of pipe labeled as 12" PVC that just runs from the south end of
the building to the south end of the property, where a detention pond is to be
located. There is no indication of how water will flow into this pipe, and no
storm drainage calculations have been provided to indicate whether the pond will
discharge or not. If the pond is intended to discharge, it is not clear how this will
occur. Calculations should he provided to indicate how the pond was sized and
OFFICES IN: what the intent is as to whether it will discharge or not, and also how much of the
INNEAPOLlS existing flow from the west was sized into this pond.
PRIOR LAKE
ST.PAUL
WASECA
An Equal Opportunity Employer
SEP-20-1996 10:24 P.03iO3
Mr. Steve Ach
• September 20, 1996
Page Two
4. At the Planning Commission public hearing, there was some discussion as to how
access would be gained from the frontage road to the new building. The Grading
Plan does not indicate where the drive isle is intended to be located. It just shows
an edge of bituminous and then two lines coming from the proposed building,
which I assume are new edges of bituminous surfacing.
In conclusion, I feel that the Grading and Drainage Plan is somewhat incomplete.
Additional information should be shown on the plan and drainage calculations to indicate
how the pond was sized provided with the plan. If you have any questions regarding
these comments, please call.
Sincerely,
MSA, CONSULTING ENGINEERS
) 40VAI
Terry J. aurer, P.E.
• TJM:tw
332-2001.sep
•
TOTAL P.03
ITEM 5 .2. & 5 .3.
City of MEMORANDUM COPY'r
AkRiver TO: Planning Commission
FROM: Scott Harlicker, Assistant Planner
DATE: July 23, 1996 �lk
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
Zonina/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
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Background
• This lot isart of Avon Acres 4th Addition which was approved p pp ed 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
building, 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
. 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.
IP
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
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
• blacktop 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
411, 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.
• 10. No outdoor storage will be allowed.
•
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