5.2. BASR 08-27-2019Request for Action
To Item Number
Board of Adjustments 5.2
Agenda Section Meeting Date Prepared by
Public Hearing August 27, 2019 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Auto-Rec Bodyworks Inc., 21475 US Highway 169 Zack Carlton, Planning Manager
Reviewed by
20’ Side Yard Setback, Case No. V 19-07
Action Requested
Approve by motion, the 10’ side yard setback variance for the following reasons:
1. The general purpose and intent of the ordinance are met.
2. The property has a land use of residential and the use is consistent with the Comprehensive Plan.
3. The proposed use is reasonable and is permitted in the zoning ordinance.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of
the petitioner’s own action or inaction.
5. The variance will not alter the essential character of the locality.
and
with the following condition:
1. The Conditional Use Permit (CU 19-14) shall be approved by the City Council and recorded
prior to the variance being recorded.
Background/Discussion
The property is located at 21401 US Highway 169 and is zoned C-3, Highway Commercial with setbacks
as follows:
Front: 25 feet
Side: 20 feet
Rear: 40 feet
The applicant is seeking a 10’ variance to construct an addition to their existing business located on the
subject property. The applicant is also requesting an amendment (CU 19-14) to their existing Conditional
Use Permit (CU 16-09).
The property is bound by US Highway 169 on the west with a commercial concrete business across the
highway, two properties the applicant owns to the south, and the ERX Motor Park (an off-road racing
facility) to the east and north.
The addition will be located west of the existing pole building and north of the “house” structure,
connecting all structures together. The “house” structure will be utilized as office space.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
The property south of the “house” structure rises dramatically to the south, making it difficult to site the
structure there without significant excavating.
Applicable Regulation
(The applicant’s responses are italicized with staff’s notes after.)
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria
described below. The variance is:
1. Is in harmony with the general purpose and intent of the ordinance, and
This new building will be impeding on the 20’ side yard setback on the north property line by 9.8’ leaving the
building corner 10.2’ from the property line. Currently this space is used for a Class 5 road access for the neighbor
to the north and the current residence.
The general purpose and intent of the ordinance is to provide for the orderly development of land.
Properties outside the Urban Service District (sewer and water) are larger and in turn have larger
setbacks to help maintain larger distance between structures. The parcel to the north received a
CUP for Active Use Storage in 2016, which has not been constructed and has since expired, but
the proposed variance will not affect the orderly development.
The request is in harmony with the general purpose and intent of the ordinance.
2. Is consistent with the City of Elk River Comprehensive Plan.
The property is currently zoned commercial, and we would remain in that zoning.
The Gravel Mining Area Land Use, Transportation, and Utility Plan guide the properties for
Highway Business uses where commercial uses are allowed and encouraged. The proposed use is
consistent with this plan.
The request is consistent with the Comprehensive Plan.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties means that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
Due to the grade and location of the existing house, the only buildable area on site is to the northwest of the existing
building and house. With the demand needed for the commercial business, this would make the building impede on
the 20’ property setback on the north property line.
The property south of the “house” structure rises dramatically to the south, making it difficult to
site a structure in that location without significant excavating. The applicant is proposing to build
the structure on the site where there is minimal excavating impact while maintaining a reasonable
setback from the Extreme Commercial Recreation-zoned parcel to the north.
The petitioner proposes to use the property in a reasonable manner.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of
the petitioner's own action or inaction; and
Due to the slope of the land and existing house location, this leaves the only practical location to build.
The applicant stated they need the amount of space proposed to operate on their commercial lot.
With the dramatic elevation change on the property, the proposed location appears to be the
soundest.
The plight of the petitioner is due to circumstances unique to the property and is not a
consequence of the petition's own action or inaction.
5. The variance, if granted, will not alter the essential character of the locality.
If the variance is granted, this will not alter the locality but only improve it. With the new addition, the existing
house will be refaced with versetta stone as well as many more alterations to the landscaping that will not only
improve the property but help with road side appeal off of US169.
The locale is comprised of industrial and off-road racing uses. The essential character of the locale
will not be altered if the variance is granted.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by September 6, 2019, this item will go to the
September 16, 2019, City Council meeting.
Attachments
Location Map
Applicant’s Narrative
Letter of Support from ERX
Site Plans
Auto Rec Body Works Zoning Narrative:
This application is for Auto Rec Body Works, who will be adding a 48’ x 16 x 108’ extension to the
existing building on site. Due to the amount of demand that Auto Rec Body Works is looking to expand
their business in the community by adding additional Shop space as well as Renovating the existing
Single-Family Home into Offices and Client Waiting Room. The new building plan is to be extend off the
existing building face to the West 108’. With the Grade of the property and Single-Family Home that was
existing on the property, the only usable location for this building extension is towards the North West.
1. This new building will be impeding on the 20’ side yard setback on the North Property line by
9.8’ leaving the building corner 10.2’ from the Property line. Currently this space is used for a
Class 5 Road Access for the Neighbor to the North and the Current Residence.
2. The Property is currently Zoned Commercial, and we would remain in that Zoning.
3. Due to the Grade and location of the existing house, the only buildable area on site is to the
Northwest of the existing building and house. With the demand needed for the Commercial
business, this would make the building impede on the 20’ Property Setback on the North
Property line.
4. Due to the Slope of the land and existing house location, this leaves the only practical location to
build.
5. If the Variance is granted, this will not alter the locality but only Improve it. With the new
addition, the existing house will be refaced with Versetta Stone as well as many more
alterations to the landscaping that will not only improve the property but help with Road side
appeal off of US 169.
16'8'SCALE:4'2'1'18"MB30"M30"M30"M30"M30"M30"M30"M30"M30"M30"M18"M18"M18"M18"M18"M18"M18"M30"M30"M30"M30"M30"M30"M30"M30"M30"M18"MB18"MB18"MB18"MB18"MB18"MBCOLUMN PLAN7'-10 1/2"0'-0"8'-0"7'-10 1/2"8'-0"15'-10 1/2"1'-6 3/4"23'-10 1/2"8'-0"31'-10 1/2"8'-0"39'-10 1/2"1'-1 1/4"47'-10 1/2"10'-0"51'-10 1/2"2'-0"61'-10 1/2"8'-0"63'-10 1/2"7'-10 1/2"71'-10 1/2"
79'-9"
7'-10 1/2"0'-0"4'-0"7'-10 1/2"12'-0"11'-10 1/2"8'-0"23'-10 1/2"3'-11 1/4"31'-10 1/2"7'-10 1/2"39'-10 1/2"47'-9"7'-10 1/2"79'-9"8'-0"7'-10 1/2"8'-0"15'-10 1/2"8'-0"23'-10 1/2"8'-0"31'-10 1/2"8'-0"39'-10 1/2"8'-0"47'-10 1/2"8'-0"55'-10 1/2"8'-0"63'-10 1/2"7'-10 1/2"71'-10 1/2"
0'-0"
4'-10 1/2"47'-9"16'-0"42'-10 1/2"3'-0"26'-10 1/2"3'-6"23'-10 1/2"14'-0"20'-4 1/2"6'-4 1/2"6'-4 1/2"0'-0"11111111111111234AS5BS5CS5CS5KS8FS630"M30"M30"M30"M2'-3 3/4"23'-7 1/2"2'-3 3/4"2'-2 1/4"25'-11 1/4"
28'-1 1/2"3'-10 1/2"28'-0"8'-0"24'-1 1/2"8'-0"16'-1 1/2"8'-1 1/2"8'-1 1/2"11DS618"M18"M7'-10 1/2"0'-0"8'-0"20'-0"8'-0"12'-0"4'-0"4'-0"
27'-10 1/2"
7'-7 1/2"15'-0"7'-4 1/2"7'-7 1/2"0'-0"18"M16"M16"M1'-0" VENTED SIDEWALLOVERHANGS2'-0" NON-VENTED ENDWALLOVERHANGS2'-0" VENTED SIDEWALLOVERHANGS30"MJS84'-0 3/4"35'-9 3/4"2'-10 3/4"48'-11 3/4"6'-5 1/4"25'-5 1/4"30"M30"M-GUTTER COVERS-ROOF LAP RIB SEALANT TAPE-ALL STEEL FASTENED WITH STAINLESS STEEL SCREWS-(3) 30x30 ATTIC ACCESS PANEL (VERIFY LOCATION)-16'-2"x14'-1" OVERHEAD DOOR-414'-2"x14'-1" OVERHEAD DOOR-312'-2"x14'-1" OVERHEAD DOOR-210'-2"x6'-1" OVERHEAD DOOR-1(11) 4429 MB SLIDING WINDOWS-1-1HEADERED TRUSS LOCATION-3-2x8 LAMINATED COLUMN LOCATION-3-2x6 LAMINATED COLUMN LOCATION-COLUMN PLAN LEGEND(5) 3068 MB910 9-LITE GLASS WITH CROSSBUCK WALKDOORS, INSWING, LEFT HINGE WITH LOCKSET-36"M-30"M-18"M16"M36" DIAMETER FOOTING WITH 4' TO BOTTOM OF 21" THICK CONCRETE PAD (2500PSI MINIMUM). 20" BELOW BOTTOM OF PRECAST CONCRETE COLUMN AROUNDEXPOSED REBAR CAGE AND 3/4"x14" THREADED ROD WITH AN ADDITIONALMINIMUM 1" ABOVE BOTTOM OF PRECAST CONCRETE COLUMN. PLACECONCRETE BELOW AND ABOVE BOTTOM OF LOWER COLUMN IN ONEOPERATION.30" DIAMETER FOOTING WITH 4' TO BOTTOM OF 21" THICK CONCRETE PAD (2500PSI MINIMUM). 20" BELOW BOTTOM OF PRECAST CONCRETE COLUMN AROUNDEXPOSED REBAR CAGE AND 3/4"x14" THREADED ROD WITH AN ADDITIONALMINIMUM 1" ABOVE BOTTOM OF PRECAST CONCRETE COLUMN. PLACECONCRETE BELOW AND ABOVE BOTTOM OF LOWER COLUMN IN ONEOPERATION.18" DIAMETER FOOTING WITH 4' TO BOTTOM OF 21" THICK CONCRETE PAD (2500PSI MINIMUM). 20" BELOW BOTTOM OF PRECAST CONCRETE COLUMN AROUNDEXPOSED REBAR CAGE AND 3/4"x14" THREADED ROD WITH AN ADDITIONALMINIMUM 1" ABOVE BOTTOM OF PRECAST CONCRETE COLUMN. PLACECONCRETE BELOW AND ABOVE BOTTOM OF LOWER COLUMN IN ONEOPERATION.16" DIAMETER FOOTING WITH 4' TO BOTTOM OF 21" THICK CONCRETE PAD (2500PSI MINIMUM). 20" BELOW BOTTOM OF PRECAST CONCRETE COLUMN AROUNDEXPOSED REBAR CAGE AND 3/4"x14" THREADED ROD WITH AN ADDITIONALMINIMUM 1" ABOVE BOTTOM OF PRECAST CONCRETE COLUMN. PLACECONCRETE BELOW AND ABOVE BOTTOM OF LOWER COLUMN IN ONEOPERATION.EXISTING COLUMN LOCATION--24"M24" DIAMETER FOOTING WITH 4' TO BOTTOM OF 21" THICK CONCRETE PAD (2500PSI MINIMUM). 20" BELOW BOTTOM OF PRECAST CONCRETE COLUMN AROUNDEXPOSED REBAR CAGE AND 3/4"x14" THREADED ROD WITH AN ADDITIONALMINIMUM 1" ABOVE BOTTOM OF PRECAST CONCRETE COLUMN. PLACECONCRETE BELOW AND ABOVE BOTTOM OF LOWER COLUMN IN ONEOPERATION.ROUGH OPENING SCHEDULEUNIT SYMBOLFROM LEGENDWIDTHHEIGHT37 3/4"81"52 1/4"33 5/8"11I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORTWAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDERTHE LAWS OF THE STATE OF MINNESOTA. _____________________________________________CORY MICHAEL BYRDDATE:________________ LICENSE NUMBER: 55608EXISTING15'x10'x50'BUILDINGEXISTING36'x14'x50'BUILDINGEXISTING23'x16'x52'BUILDINGEXISTING14'x9'x25'BUILDINGES6GS6HS7IS71CONNECTION WALL COLUMN
LOCATION DIMENSIONSSIDEWALL COLUMNLOCATION DIMENSIONSSIDEWALL COLUMNLOCATION DIMENSIONSSIDEWALL COLUMNLOCATION DIMENSIONSENDWALL COLUMNLOCATION DIMENSIONS ENDWALL COLUMNLOCATION DIMENSIONS
1S31S51S31S3LS818" DIAMETER FOOTING WITH 20" THICK MINIMUM CONCRETE (2500 PSI MINIMUM)BELOW BOTTOM OF PRECAST CONCRETE COLUMN AROUND EXPOSED REBARCAGE AND 3/4"x14" THREADED ROD WITH ADDITIONAL READY-MIX BACKFILLEDTO 12" BELOW GRADE. PLACE CONCRETE BELOW AND ABOVE BOTTOM OFLOWER COLUMN IN ONE OPERATION.-18"MB2S61S3JOB NO.OFFICE:DRAWN BY:DATE:DATE:SCALE:SHEET NO.OFCHECKED BY:REVISED DATE:REVISED DATE:REVISED DATE:REVISED DATE:AS NOTEDMONTICELLO, MN059-089336RIC HAUGLAND
ELK RIVER, MN
RKS7/2/2019--------S1----------------NOTCHECK
EDTARGET DATE:S9
16'8'SCALE:4'2'1' TRUSS/BRACING PLAN LEGEND 17128782888888881- 48’ 3090 R.C. TRUSS- 48' END RAFTER ASSEMBLY- 36' 4090 S.C. TRUSS- 1 1/2"x16" LVL RAFTER (2800 Fb)- 2x10 RAFTER (NO.1 SYP)- 10' GABLE PORCH FRAME- 2x4 TRUSS TIES- 2x6 DIAGONAL END BRACES (TO EXTEND TO FIRST TRUSS IN FROM ENDWALL)- 2x6 FLAT TRUSS TIE CENTERED IN BUILDING92789569911111113333444TRUSS/BRACING PLAN40'-0"8'-0"12'-0"8'-0"4'-0"4'-0"27'-10 1/2"98888885555557'-10 1/2"7'-10 1/2"8'-0"15'-10 1/2"8'-0"23'-10 1/2"8'-0"31'-10 1/2"8'-0"39'-10 1/2"8'-0"47'-10 1/2"8'-0"55'-10 1/2"8'-0"63'-10 1/2"8'-0"71'-10 1/2"7'-10 1/2"79'-9"
0'-0"8'-1 1/2"8'-1 1/2"8'-0"16'-1 1/2"8'-0"24'-1 1/2"3'-10 1/2"28'-0"7'-10 1/2"20'-0"
4'-10 1/2"I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORTWAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDERTHE LAWS OF THE STATE OF MINNESOTA. _____________________________________________CORY MICHAEL BYRDDATE:________________ LICENSE NUMBER: 55608EXISTING15'x10'x50'BUILDINGEXISTING36'x14'x50'BUILDINGEXISTING23'x16'x52'BUILDINGEXISTING14'x9'x25'BUILDING2S6JOB NO.OFFICE:DRAWN BY:DATE:DATE:SCALE:SHEET NO.OFCHECKED BY:REVISED DATE:REVISED DATE:REVISED DATE:REVISED DATE:AS NOTEDMONTICELLO, MN059-089336RIC HAUGLAND
ELK RIVER, MN
RKS7/2/2019--------S2----------------NOTCHECK
EDTARGET DATE:S9
16'8'SCALE:4'2'1'DESIGN AND EXPLANATORY NOTES1.) EXTERIOR DOOR AND WINDOW LOCATIONS ARE TAKEN FROM THE EXTERIOR FACEOF THE NAILERS AND ARE TO THE CENTER OF THE DOOR AND WINDOW UNITS.VERIFY ALL DOOR AND WINDOW LOCATIONS WITH THE OWNER.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORTWAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDERTHE LAWS OF THE STATE OF MINNESOTA. _____________________________________________CORY MICHAEL BYRDDATE:________________ LICENSE NUMBER: 55608124T#16 GABLE TRIMHI-RIB STEEL WAINSCOTT#167 TRANSITION TRIM18'-0"0'-0"
18'-0"25'-0"43'-0"43'-0"5'-0"48'-0"EAST ELEVATION124T#167 TRANSITION TRIMT#21 CORNER TRIMHI-RIB STEEL SIDINGT#170 BASE TRIMT#16 GABLE TRIM13'-0"0'-0"13'-0"21'-6"34'-6"10'-0"44'-6"44'-6"3'-6"48'-0"WEST ELEVATIONHI-RIB STEEL WAINSCOTT#167 TRANSITION TRIMT#21 CORNER TRIMHI-RIB STEEL SIDINGT#167 BASE TRIMVENT-A-RIDGE5" O.G. GUTTERS WITH GUTTER COVER5'-6"0'-0"5'-6"5'-6"8'-0"13'-6"13'-6"32'-6"46'-0"46'-0"11'-0"57'-0"10'-6"67'-6"67'-6"8'-0"75'-6"75'-6"4'-6"80'-0"SOUTH ELEVATION13'-0"0'-0"
13'-0"13'-0"8'-6"21'-6"21'-6"13'-6"35'-0"35'-0"16'-0"51'-0"51'-0"16'-0"67'-0"67'-0"10'-0"77'-0"77'-0"3'-0"80'-0"NORTH ELEVATION6'-6"21'-6"16'-0"5'-6"5'-6"28'-0"50'-0"78'-0"122.5 0'-0"6'-6"21'-6"16'-0"5'-6"5'-6"28'-0"50'-0"78'-0"
12'-3 5/8"VERSETTA STONE WAINSCOTJOB NO.OFFICE:DRAWN BY:DATE:DATE:SCALE:SHEET NO.OFCHECKED BY:REVISED DATE:REVISED DATE:REVISED DATE:REVISED DATE:AS NOTEDMONTICELLO, MN059-089336RIC HAUGLAND
ELK RIVER, MN
RKS7/2/2019--------S4----------------NOTCHECK
EDTARGET DATE:S9
SIGNATURE:BUILDING DESIGN PHOTOSCALE: NOT TO SCALE1A2Page 2 0f 80.511.5MORTONBUILDINGSINC.113 THOMASPARK DRIVEMONTICELLO, MN55362this plan shallremain the propertyof morton buildings.any reproduction ofthis plan withoutwritten permissionfrom mortonbuildingis strictlyprohibited.unauthorized useshall entitle mortonbuildings to alldamages caused bysuch user includingpreparation charges,lost profits, damageto reputation, andany attorney fees.CONSTRUCTIONDRAWINGSdrawn by: John Rischmillerdate: 06 - 25 - 2019PROJECT #: B0592019223REVISIONS:21475 US - 169
ELK RIVER, MN 55303
AUTO REC
BODY WORKS
SIGNATURE:BUILDING DESIGN PHOTOSCALE: NOT TO SCALE1A3Page 3 0f 80.511.5MORTONBUILDINGSINC.113 THOMASPARK DRIVEMONTICELLO, MN55362this plan shallremain the propertyof morton buildings.any reproduction ofthis plan withoutwritten permissionfrom mortonbuildingis strictlyprohibited.unauthorized useshall entitle mortonbuildings to alldamages caused bysuch user includingpreparation charges,lost profits, damageto reputation, andany attorney fees.CONSTRUCTIONDRAWINGSdrawn by: John Rischmillerdate: 06 - 25 - 2019PROJECT #: B0592019223REVISIONS:21475 US - 169
ELK RIVER, MN 55303
AUTO REC
BODY WORKS
SIGNATURE:BUILDING DESIGN PHOTOSCALE: NOT TO SCALE1A5Page 5 0f 80.511.5MORTONBUILDINGSINC.113 THOMASPARK DRIVEMONTICELLO, MN55362this plan shallremain the propertyof morton buildings.any reproduction ofthis plan withoutwritten permissionfrom mortonbuildingis strictlyprohibited.unauthorized useshall entitle mortonbuildings to alldamages caused bysuch user includingpreparation charges,lost profits, damageto reputation, andany attorney fees.CONSTRUCTIONDRAWINGSdrawn by: John Rischmillerdate: 06 - 25 - 2019PROJECT #: B0592019223REVISIONS:21475 US - 169
ELK RIVER, MN 55303
AUTO REC
BODY WORKS
SIGNATURE:BUILDING DESIGN PHOTOSCALE: NOT TO SCALE1A6Page 6 0f 80.511.5MORTONBUILDINGSINC.113 THOMASPARK DRIVEMONTICELLO, MN55362this plan shallremain the propertyof morton buildings.any reproduction ofthis plan withoutwritten permissionfrom mortonbuildingis strictlyprohibited.unauthorized useshall entitle mortonbuildings to alldamages caused bysuch user includingpreparation charges,lost profits, damageto reputation, andany attorney fees.CONSTRUCTIONDRAWINGSdrawn by: John Rischmillerdate: 06 - 25 - 2019PROJECT #: B0592019223REVISIONS:21475 US - 169
ELK RIVER, MN 55303
AUTO REC
BODY WORKS