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5.5 Item # 5.5. i:ty of I1k River MEMORANDUM TO: Planning Commission FROM: Michele McPherson-,'-Director of Planning DATE: February 25, 2000 SUBJECT: Case Number: CU 00-3 Request by Tim Smith to Amend CU 94-17 by Removing Condition to Remove House; Public Hearing Request The applicant requests that an amendment to CU 94-17 be approved. The requested amendment would remove a condition of CU 94-17, which required removal of a house on the subject property within three years of the previous approval. Location • 403 Main Street Zoning/Land Use C-2, Office District/CB Central Business Attachments • Location Map • Site Plan • Letter from Applicant • August 2, 1999 Letter to Applicant • October 15, 1999 Letter to Applicant • 1994 Staff Report Overview In 1994, the applicant requested a conditional use permit to allow a zero lot line development for Lots 3-5, Block 15, Village of Elk River. The purpose of the request was to allow a parking lot to be constructed across all three lots. The parking lot would • serve a new, two-story office building that would be constructed on the east 1/2 of Lot 4 and all of Lot 5. 13065 Orono Parkway • P.O. Box 490 • Elk River,MN 55330 • TDD&Phone: (612)441-7420 • Fax: (612)441-7425 Memo to Planning Commission/CU 00-3 February 25,2000 Page 2 A house existed on the parcel straddling the lot line between Lots 3 & 4. The applicant indicated that he intended to expand the office building in the future, which would require removal of the house. The City Council approved the request with the condition that the house be removed within three years of the approval (June 20, 1997). Analysis In August of 1999, staff began working with the applicant in order to have him comply with the condition from 1994 (refer to attached letters). Under the threat of criminal and civil action, the applicant has selected the option of amending the conditional use permit to remove the condition and allow the house to remain. The City must determine the following issues: 1. What is the goal of the City for development along Main Street? If the goal is to encourage commercial/office development, would allowing the house to remain a detriment to that goal? 2. If the house is not detrimental to the development of commercial/office development along Main Street, then the condition could be removed. The house, however, would be nonconforming as dwellings are a conditional use in the C2 District. 3. The development would also be nonconforming as there are two principle structures on one lot, a condition that is only permitted in the PUD, Planned • Unit Development District. The structure appears to be in good shape, with no apparent structural defects. Recommendation The Planning Commission must determine if it is appropriate to remove the condition from CU 94-17 that required removal of the dwelling. If it is appropriate, then the applicant will be required to bring the property into conforming status. If the Planning Commission denies the request, it must determine findings for that decision. Such findings may include: 1. The condition was part of the original approval; the City found removal of the house was in the best interest of the City at that time and the City's opinion has not changed. 2. The dwelling is nonconforming. 3. Allowing the dwelling to remain is inconsistent with the redevelopment of Main Street to commercial uses. • ' • .... :_ff-i"E , �►•�!!:' ��s Rn►ted VfitS'' '„VTicT,T.1 l'4l J I�— �' 9:'�M11� i�Y z f 11013+2116 l RS I' v' • pteirivr PAR.e .2.m' ♦� t'!•� ��� ,:• 1¢©�d■ higigti rg 2 . Ili -.',.. ; i Re I.MA -',Ike -1 ...Jima . at : 7:4 ' sxrv: al ...A.'I . ii 1111 ::. 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''.PTAb JP \"! .111 ' ' 71 . \ .14 ri Ilan MallgiFir SWF :. iCIS.lit �F 1 - pup<n 1 A 4 —\1 / LOCATION AT if& kjver MAP , 13065 Orono Parkway •P.O. Box 490 CASE: CU 00-3 Elk River, MN 55330 • i • ; : .. ,'n p" . ( . Main Street "`` ,+ �u§ . r I a ' `• * ��. $ ' `+� 771aY'moA?i „,; x 'Y q ( . �;. g „ t M•fw'�-`' • µ ,rJ„Z M '' 98 11'MEAS t" 19800PLAT„,;...•••.„-t4`` as t' '' * fir- CY '' * �� • .„'43.:41,01,...: 'eh;a5�,"". ,a.'°; .ci��> _ �yi.-�t..d i`+'F;� +� ..,+ 3� 3�3.�i' /�l� l.7X�s 10.. �,D• • *,,� .: °. -.”..,„,,...v._.'•- r .,q,A-*r. i .1' . Y . 4... --4-,,:,1,;;,e,....t .3 ....�. i i,�� P• . : t, - 4, -.,,':.,.144-:!..:,v..., i,..,, '=.1s•�. ,.. .sr..;b ,9r*,,,, ,�,�(t 'xF•'' y„ +�_r 'fe .....,,Th..-..... � ' 1 � /1. 1'— I 1 z�.yr ty'`�i'I'-,,' ' ,s.� - , .;' _. ,. :kd# _,'a�; � tib; ►r- "� - Lr" '-© Tlo9 Q� p 1a — r ..4d ,.,y," ",' R.r „t ). ;.s u l"i. k m`.. :+m.,," .' 3'�¢.11.-0- i.I ® 0 , O 4 •• a .v' ti;•trA. z , O''" ,r�� , ,•�. '.� I4 Sa .,..,s -c _17.x,Twx I 1' i� "t'r u ger. 9' ''1'` i2,., • Z '`.'. .®�•: � i. -0IkTI • • - . ^'n'L F 'F{. 4 4-Y • �.. `3"j d ti.,T a ,. 'j ; O , � aq. -,,,'-:•-•-•::,-•,.-1-••• .x?';..ttt:,.fS. '�+• 14 ".x' _•gsrili �,_ ...(n --:':.:•"‘''..' y R .x-i.�,��;-+:," k t yN y , A.- tl' ..° .ic � pii, IL., 0 .i`F ��. 0 I s1," dr! •+.• " � rr...� s - -s-..... ,..,.--,,,...•:,r • ..e ` .rv. 3. �"�Du$p. x _ ''• '" ' °�t'�T �. r, , '',s�`15c S^Jt �+•• ..,.' r:•i ..�' Y ' 'y,� .: `rc' '. e rry�. V. �`'' "ez J Ie. , wr tr .< -/ ' .�M. . • • i. d t ^. t....,'*--,--,;',:-1.1-t';'. 4'-• a r x_` 3lo sS--.-t. � rets" ' 7.1210'..k.. ky.4 'may, 'e•, ✓ - t rr Yt +r • 7o.J_ .1� • (� p s t --- ti S -, i so'11 tau', :. 1,, ` -*�I•t 1 T a Z r Q s 1 , 7 uif _-7---l� W CD > r . /.;.1 to f•. ��. _ Q d y iCELLI y ,r if e'. , i s x ,..-Tr, m }I 7 .e :9 ti Ag-/-' AO?* " ,✓ig. li_CCW I— • ,_ . . ,. . ii . . , . . , , , .. .. . ' . I W e . .4 ., r' 0 4 ti 1 D .: w ��i , O.e o�e.T roA ea''�r✓6. r t-L- ii r u)1 j ` . Bi .r��iewiv.>= w..w...d..s Bis .�r��,�Cl i • f �` I ' I1 •j.l ori Ai _ .?d Jit Jr alp ` Jr 29 it afr ie - ` is k - 4 i �� • ® : C) , ° wt. ,r ,�,i v o —'�yf 1 P.eoP.�-� l `� ryfr� tir �.l' � /t• - �E�t—��/�� 14, 11� .s"ii..�cs 12B�Jr 7P ' ,� � ;�«� • 198 71 MCAS p _�{yI• i 198 00. PLAT' oNw `-t0c.ya�, 3,2-0,$,Y-,y ...0,-- ,'..... .. rx,,i,. 2 '17 -t s+,�+'$ ''''.A.A.� w; , '',ii:. Q; r. a •.:r • - UIvLE, tY'''„. , .i-w, "' ,.*tet' r � r . EASEN R , • 76 • s �e_ • Site Plan © ��YA: • • To the City of Elk River, • After receivingyouur letter in October,it has come to my attention that the building located at 413 Main St.is supposed to be removed from that location. I was quite supprised.I wasn't aware that this condition even existed.Havingtalked this over with Scott Harlicker,he was not able to state the reason why this would have been a condition of the permit. Scott stated that after checking deeper into it he was still not able to tell me why it wouldhave been part of the permit.Thinking back on the matter though,I do remember being asked about our future plans for the building.I had replied that I would like to be able to remove the building and re-build a new one there,if I could find a buyer,.When asked how longthat would take I replied that I was hoping to do this in about 3-5 years.Unfortunately,I'm not financially able to undertake this venture at this time.I would Ile nothing.better than to sell a new buildingon that property but as of yet I haven't had any buyers.The City can rest assured that I am more than willing to construct a new buildingon that site whenever a buyer comes along As Scott and Michelle are aware I had been working with one customer throughout the month of December,but the deal has fallen through_The City is fully aware of the difficulty of trying_to set commercial property,as it has owned the vacant land on the 800 block of Main Street for quite some time now. I have done my best to keep the City informed-ofmyprogress by staying in touch with Scott Harlicker in my attempt to resolve this issue. Removal of the building at this time would place an extreme financial burden on me.With the ability to rent the building.until I can find a buyer,I can at least have an income to help me with the bills.The building will bru g the city$1800.00 in tax revenue this year as opposed to approximately$800-$1,000.00 as vacant land.I'm sure that you are all aware of the loss of tax revenue on the 800 block of Main Street.I am asking the City to please remove this condition from the permit. • Thank You i f Timothy A. mith rk./ tpiok\,. '0 River August 2, 1999 Tim Smith T.S. Construction 403 Main Street Elk River MN 55330 Dear Tim: On June 20, 1994, you were granted a conditional use permit to construct an office building at 403 Main Street. One of the conditions of that permit was the house on Lot 3 be removed from the property within 3 years from the date of City Council approval. It is now five years since the City Council approved the conditional use permit and the house has not been removed. Please begin the process of removing the house by August 31, 1999. If you have any questions regarding this matter;please contact the Planning Department at 441-4921. Sincerely, Scott Harhcker Senior Planner • s:\planning\letters\tsconstr.doc 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425 ,-Q A( ity of �� Capv .ilk" lk . River • October 15, 1999 T.S. Construction Tim Smith 403 Main Street Elk River MN 55330 Dear Tim: On August 2, 1999, you were sent a letter informing you that you are not in compliance with the conditional use permit granted on June 20, 1994 for an office building at 403 Main Street. One of the conditions of the permit was that the existing house was to be removed within 3 years from the date of City Council approval. To date the house has not been removed. Since the August 2nd letter you and I have had two phone conversations • regarding this matter, once on September 9th and again on September 28th. We discussed the non-compliance with the conditions of your conditional use permit and the need to remove the house from the property in a timely manner. It is now October 15, 1999 and this issue has not been resolved. You have stated that one of the reasons you have not removed the house is that you have a tenant living there. In order to provide you with enough time to terminate the lease, the deadline for removing the house has been extended to January 1, 2000. If the demolition process has not been started by this time, this matter will be referred to the City Attorney. Any further correspondence should be directed to Peter Beck, City Attorney at Gray, Plant Mooty & Bennett, 3400 City Center, 33 South Sixth Street, Minneapolis , MN. 55402. Sincerely, • Scott Harlicker Senior Planner cc: Peter Beck Pat Klaers • Larry Farber S:\PLANNING\SCOTT\TIMSLET.DOC 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612)441-7420 • Fax: (612)441-7425 ITRM 9 . 10 . Co pO Ality JJ r1RRiver MEMORANDUM �v TO: MAYOR AND CITY COUNCIL FROM: STEVEN B. ACH, CITY PLANNER DATE: JUNE 20, 1994 SUBJECT: CONDITIONAL USE PERMIT REQUEST BY T.J. PROPERTIES, PUBLIC HEARING, CASE NO. CU 94-17 ISSUE Consider a request by T.J. Properties for a conditional use permit for a zero lot line development. LOCATION Southwest corner of Main Street and Freeport Avenue • ZONING/LAND USE C2 (Office District)/ CB (Central Business District) ATTACHMENTS Report to the Planning Commission dated May 24, 1994 OVERVIEW T.J. Properties is proposing to construct a two story office building with a total of 5,048 square feet. In addition, the parking and driveway area as proposed would cross over a property line onto the adjacent parcel. In order to accommodate this type of parking arrangement, a conditional use permit for a zero lot line development is required. The proposed building and site layout is very similar to other developments that have recently been completed in this office corridor. Directly to the east is Dennis Chuba's building that has also been developed with a zero lot line development. Those buildings have established a "standard" for this office corridor by having the buildings adjacent to Main Street while the parking is P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 T.J. Properties Page 2 Va\ une 20, 1994 )• located to the rear of the buildings. This concept will be continued with further development proposals along this corridor. ZERO LOT LINE DEVELOPMENT The main issues associated with a zero lot development for a common parking and driveway area are: • Make sure the parking area has a mutual benefit for each of the properties. • Proper cross access and cross parking agreements are prepared and executed. • The shared parking concept does not circumvent the setback requirement. All three of these issues are satisfied with T.J. Properties' request for the shared parking arrangement. SITE PLAN REVIEW • The proposed development is a permitted use in the C2 Office District, therefore, a specific site plan review of the development plans are being done by the Concept Review Committee. Staff has met with the developers and -� presented issues relative to the development plans which need to be addressed prior to issuance of a building permit. These issues will all be incorporated into a final set of plans that will be approved and made part of the.building permit. Please refer to the attached report to the Planning Commission dated May 24, 1994, for additional information. STORM DRAINAGE / FREEPORT AVENUE One issue that has come up during the review of this development is the _ • condition of Freeport Avenue from the southern limits of the subject property towards Main Street. First of all, Freeport Avenue is a narrow street without curb and gutter and experiences some erosion along the road edge. The _ _ proposed development will contribute to this existing condition. Staff has recommended the developer install a catch basin within their proposed parking lot and extend a pipe to Freeport Avenue right of way. Therefore, at the time Freeport Avenue is improved, the applicant's private tjprop.council T.J. Properties Page 3 June 20, 1994 • storm sewer system can be easily connected with the public improvements in Freeport Avenue. It is anticipated that the issue of upgrading Freeport Avenue will be brought before the City Council in the near future. This improvement can either be initiated by the City or those benefiting property owners. Negotiations with property owners on both sides of Freeport Avenue will continue, hopefully resulting in those benefiting property owners petitioning for the improvements. PLANNING COMMISSION RECOMMENDATION The Planning Commission unanimously recommended approval of the conditional use permit for T.J. Properties' zero lot line development. RECOMMENDATION It is recommended the City Council approve the request by T.J. Properties for a conditional use permit. allowing a shared parking and driveway, with the following conditions: • 1. CROSS ACCESS/ CROSS PARKING AGREEMENTS BE PREPARED AND EXECUTED AND RECORDED WITH SHERBURNE COUNTY. 2. ALL PARKING AREAS BE IMPROVED WITH A BITUMINOUS SURFACE AND B612 CONCRETE CURB AND GUTTER. 3. A LANDSCAPE BUFFER CONSISTING OF DECIDUOUS SHRUBS AND EVERGREEN TREES BE PROVIDED ALONG THE SOUTH PROPERTY LINE BETWEEN THE PROPOSED PARKING AREA AND RESIDENTIAL DISTRICT. 4. THE HOUSE ON LOT 3 BE REMOVED FROM THE PROPERTY WITHIN THREE (3) YEARS FROM THE DATE OF CITY COUNCIL ACTION. 5. PAYMENT OF A STORM DRAINAGE FEE IN THE AMOUNT OF $600 PER ACRE BE MADE PRIOR TO • ISSUANCE OF A BUILDING PERMIT. tjprop.council T.J. Properties Page 4 June 20, 1994 i 6. A TEN (10) FOOT DRAINAGE AND UTILITY EASEMENT BE PROVIDED AROUND THE PERIMETER OF THE PROPERTY. 7. ALL ISSUES OUTLINED IN TERRY MAURER'S MEMO DATED MAY 13, 1994, BE INCLUDED AND MADE PART OF THIS RECOMMENDATION. . tjprop.council