7.5 SR 12-18-1995Issue
ITFM N0. 7.5.
ver MEMORANDUM
TO: Mayor and City Council
FROM: Steven B. Ach, City Planner,�1�—'
DATE: December 18, 1995
SUBJECT: Request for Variance by Elk River
AutoMall, LLC, Public Hearing
Case No. V 95-12
Elk River AutoMall, LLC is requesting a variance to the one acre minimum
lot size requirement in the C-3 (Highway Commercial) zoning district.
Location
North of Main Street along the west side of Carson Street
Zoning/Land Use
C3 (Highway Commercial) / HB (Highway Business)
Attachments
• Report to the Planning Commission dated 11/28/95
Overview
Elk River AutoMall is actually making two applications before the City. The
first for an administrative subdivision to divide the existing parcel into two
separate lots and a variance because one of the lots will have a lot area less
than the one acre minimum. The existing auto mall lot has an area of 3.76
acres at the present time. The proposed administrative subdivision would
divide that acreage into a 2.91 acre site and a.85 acre site. The primary
reason one of the lots will not meet the minimum acreage requirement is due
to the need to provide the required number of parking stalls on each parcel.
Given the configuration and distribution of parking on the entire auto mall
site, the southerly parcel ends up being .85 acres in size.
This variance request is similar to other requests that have been approved
such as Freeport Financial Center, Elk Park Center, and the Elk River Retail
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Elk River AutoMall Variance Request
December 18, 1995
Page 2
Center. The important issue here is that the variance and administrative
subdivision will not allow the property owner any special privileges or
further development opportunity by having the variance granted. Both
applications are being brought forward to facilitate an ownership issue with
the auto mall.
Please refer to the attached report to the Planning Commission for additional
information.
Mannino Commission Recommendation
The Planning Commission reviewed this item at their November public
hearing and recommended approval of the variance request with the findings
outlined in the staff report.
Recommendation
It is recommended the City Council approve the .15 acre variance request to
the minimum lot size of one acre in the C3 commercial zoning district for the
Elk River AutoMall based on the following findings:
1. That the special conditions and circumstances which exist are peculiar
to the auto mall development and that it is a unified development
with common parking and driveways that for all practical purposes
will function as one development.
2. The literal application of the minimum lot size requirements found in
the zoning ordinance would deprive the petitioner of rights enjoyed by
other similar commercial developments as well as multi -tenant office
developments with similar circumstances.
3. The variance would not have any adverse affect on the health, safety,
or the welfare of the residents or neighboring properties within the
area and will be in keeping with the spirit and intent of the lot size
standards found within the zoning ordinance.
4. Literal enforcement of the zoning ordinance would prevent the division
of the subject property to create a separate parcel merely for
transferring of ownership.
5. Granting the variance would not allow any further development of the
existing auto mall and would therefore not grant any special
privileges upon the applicant to deviate from the city zoning ordinance
in any other way.
s:counci1:v95-12
Request
Item 5.3.
ver MEMORANDUM
TO: Planning Commission
FROM: Steven B. Ach ..6ezel-
DATE: November 28, 1995
SUBJECT: Request for a Variance by Elk River
Auto Mall LLC Public Hearing Case No.
V95-12
Elk River Auto Mall LLC is requesting a variance to the one acre minimum
lot size requirements in the C3 (Highway Commercial) zoning district.
Location
North of Main Street along the west side of Carson Street
Zoning/Land Use
C3 (Highway Commercial)/HB (Highway Business).
Attachments
Location Map
Site Plan
Analysis
The Elk River Auto Mall consists of approximately 22,000 square feet of
building area. This building area is divided into two separate structures, one
of which has approximately 16,500 square feet and contains three of the auto
repair businesses. The southerly free standing building has approximately
6,500 square feet and contains one auto related use and a proposed medical
related business. The entire auto mall is accessed via Carson Street which is
a private street serving all of the businesses north of Main Street including
Pizza Hut, SuperAmerica, and Burger Time.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
When the auto mall was proposed before the Planning Commission and City
Council the project consisted of one parcel. Elk River Auto Mall LLC is now
requesting to divide .85 acres off the south end of the project allowing the
southerly free standing building along with its required parking to be sold
separately. A variance of .15 acres from the minimum lot size of one acre is
necessary in order to accomplish the proposed subdivision and transfer of the
southerly portion of the existing auto mall.
Minimum Lot Size
As mentioned above the minimum lot size in the C3 (Highway Commercial)
zoning district is one acre in lot area and 100 feet in width. The existing auto
mall has a lot area of 3.76 acres at the present time. The proposed
administrative subdivision would divide this acreage into a 2.91 acre site and
a .85 acre site. Given the amount of total acreage, it is obvious that two
parcels which meet the city's one acre minimum could be accomplished.
However, each parcel also has to be able to stand on its own by providing its
required parking on the given parcel. Therefore, due to the distribution of
parking on the auto mall complex, in order to subdivide off the southerly
building and allow each parcel to have enough required parking on each
parcel, the maximum size of the southerly parcel turns out to be .85 acres.
It is also worth mentioning that because Carson Street is a private road,
none of the businesses along this street meet the minimum lot width
requirements. The ordinance states that the 100 foot lot width requirement
must front onto a public street, which the auto mall does.not meet. However,
the City Council has approved a private roadway agreement for all the
businesses along Carson Street which has allowed the subdivision of these
lots to occur in the past avoiding the need to meet lot frontage requirements.
Variance
Subdivisions of this nature have occurred in other commercial and office
building developments. The common characteristic in all of those
subdivisions is that each of the lots have been a part of either a commercial
PUD or a common development such as the Freeport Financial Center. The
requested variance by the Elk River Auto Mall LLC fits within these
perimeters in that it is a unified auto mall development and the subdivision
is merely necessary to convey separate ownership of a portion of the auto
mall.
Recommendation
It is recommended the Planning Commission recommend approval of the .15
acre variance request to the minimum lot size of one acre in the commercial
C3 zoning district for the Elk River Auto Mall LLC based on the following
findings:
1. That the special conditions and circumstances which exist are peculiar
to the auto mall development and that it is a unified development
with common parking and driveways that for all practical purposes
will function as one development.
2. The literal application of the minimum lot size requirements found in
the zoning ordinance would deprive the petitioner of rights enjoyed by
other similar commercial developments as well as multi -tenant office
developments with similar circumstances.
The variance would not have any adverse affect on the health, safety,
or the welfare of the residents or neighboring properties within the
area and will be in keeping with the spirit and intent of the lot size
standards found within the zoning ordinance.
4. Literal enforcement of the zoning ordinance would prevent the division
of the subject property to create a separate parcel merely for
transferring of ownership.
5. Granting the variance would not allow any further development of the
existing auto mall and would therefore not grant any special
privileges upon the applicant to deviate from the city zoning ordinance
in any other way.
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