4.1. PCSR 10-22-2019Request for Action
To Item Number
Planning Commission 4.1
Agenda Section Meeting Date Prepared by
Public Hearing October 22, 2019 Zack Carlton, Planning Manager
Item Description Reviewed by
Sun Rae Apartments LLC / Pat Briggs - 17354 Chris Leeseberg, Senior Planner
Zane St. NW
Reviewed by
Interim Use Permit for indoor storage, Case
No. IU 19-03
Action Requested
Recommend, by motion, approval of the Interim Use Permit (IUP)
with the following conditions.
1. The IUP shall expire on May 31, 2020.
2. Staff shall be permitted to conduct an inspection of the
building on June 1, 2020, to verify termination of the use.
3. The applicant must submit architectural documentation
identifying the building classification and necessary
improvements to ensure it meets the designated building
classification.
4. Prior to establishment of the use, the Fire Marshal and Fire
Chief shall conduct an inspection of the building to review
potential fire code issues/concerns.
5. All concerns identified by the site visit or submittal of plans
will need to be addressed prior to establishing the use.
6. Outdoor storage shall not be allowed.
Background/Discussion
The applicant, Sun Rae Apartments LLC, has requested approval
of an IUP to operate an indoor storage facility within the existing
Saxon Motors building until May 31, 2020. The storage would
include outdoor power sports equipment (boats, ATVs, etc.) from
a dealer in Ramsey. It is anticipated that the moving in/out of the
equipment would take one week or less, and no other activity
would occur during the operation of the IUP. Nothing would be stored outside of the building or
elsewhere on the premises.
Applicable Regulations
In order to approve the IUP, the following standards from Sec. 30-658 must be satisfied:
(1) The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are
felt upon adjacent properties.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
The proposed interior use will be entirely contained within the building and the only exterior
activity will occur when the equipment is moved in and out. No other activity will be visible on
or around the site outside of those parameters.
(2) There is adequate assurance that the property will be left in suitable condition after the use is terminated.
Staff has included conditions of approval requiring a site review by the Fire Marshal and the
Fire Chief prior to establishing the use and allowing the city to ensure the building is safe for
the proposed use. Additionally, the condition requiring review of the site after the use has
terminated allows staff to verify the condition of the building and site after the use.
(3) The use is similar to uses allowed in the zoning district in which the property is located.
The zoning district allows a handful of low impact commercial uses and the proposed use is
also a minimally impactful use that will not generate significant traffic, noise, or exterior
impacts to the area.
(4) The date or event that will terminate the use can be identified with certainty.
The applicant has proposed to use the building for storage of seasonally used power sports
equipment from a nearby dealership. The business will need to remove the items in the spring
in order to sell the equipment at their shop. The applicant has provided the deadline of May 31,
2020, as the end date of the use.
(5) Authorizing the use will not impose additional costs on the public if it is necessary for the public to take the
property in the future.
The use may require some improvements to the building, but it will not impose additional costs
on the public in the future.
(6) The applicant and user agree to all conditions that the city council deems appropriate for authorization of the
interim use.
This will be discussed during the public hearings.
(7) The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in
the interim use permit. The city council may require the applicant to deposit a cash amount with the city, or
provide some other form of security, to ensure compliance with this criteria.
Staff does not see a need to impose a cash escrow to ensure compliance with the IUP.
However, the Planning Commission or City Council can discuss and impose such a condition if
they see fit.
(8) Authorization of the interim use will not result in adverse effects on the public health, safety, or welfare.
A site review by the Fire Marshal and Fire Chief, along with a code review by a licensed
architect, will provide the city with additional information regarding this standard. Staff has
also included a condition stating that all concerns identified during that review must be
addressed prior to establishing the use. Addressing these concerns will ensure the public is not
adversely impacted.
N:\\Departments\\Community Development\\Planning\\Case Files\\IUP\\IU 19-03 Sun Rae Apartments - Pat Briggs\\4-Planning Commission\\4.1 sr
Saxon IUP.docx
(9) The proposed interim use is consistent with the City of Elk River Comprehensive Plan and conforms to the
city's zoning regulations.
A site review by the Fire Marshal and Fire Chief, along with a code review by a licensed
architect, will provide the city with additional information regarding this standard. The
Comprehensive Plan guides the property for High Density Residential uses, but the zoning
district allows low-impact commercial uses.
After reviewing the standards for approval of an Interim Use Permit, staff has determined that the
proposed project meets the standards, and is recommended for approval with the outlined conditions.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99, the required 60-day review period ends on November 29, 2019.
Attachments
Location Map
Applicant’s Narrative
Building Plans
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Saxon IUP.docx
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RECEIVED
SEP 3 0 2019
To whom it may concern
The interim permit would allow the property to be used for Indoor storage from approval through
May 31, 2020.. The storage would be all indoor and nothing outside. This would provide additional
security to this area.
After which the property'would look to be. renovated, for the business of a Powersports & Marine
dealership. Power Lodge -Turin Cities would relocate the business, to this facility.
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MAIMLY DETAILS
ARCHITECTURAL G[SICH Mainly Details Architectural Design, PLLC
10.18.19
Sun rae apartments, LLC
Re: Request for Temporary Occupancy to be used as "Storage" located at 17354 Zane St.
Elk River, MN 55330 in the building previously serving as a Car Dealership known as Saxon
Motors.
To whom it may concern,
My client Sun rae apartments, LLC has requested that I research the code ramifications to
change the use of an existing auto dealership to a temporary storage (non-climatized or
conditioned) facility.
My assessment and evaluation is as follows:
This is a Type IIB Construction Building.
The existing building area on the First floor is 23,125 s.f.
The existing Second Floor is 6,618 s.f.
The total area is 29,743 s.f.
(Building area as defined by the Chapter 3 of the "Building Code" Usable space as
measured from inside face of the existing perimeter walls)
The existing Building was a mixed-use mixed-use occupancy consisting of Occupancy
groups, "B", "M", and S-1" Occupancies.
My client proposes to use this temporarily as a general storage facility
MainlyDetails.com I Gregg@MainlyDetails.com
Phone: 612-382-5682 1 Suite 213 1710 North Douglas Drive, Golden Valley, MN
55422
2
Architects Evaluation Existing building
1. The building envelope and structural systems appear to be in good condition and in
my opinion this building is suitable to use as non -conditioned storage space.
Code Analysis
2015 Minnesota Conservation Code
Chapter 4 Prescriptive Compliance Method
Per chapter 4 section 407 Change of Occupancy of the 2015 Minnesota Conservation Code
the change in use from a auto dealership to a storage facility does not pose a greater Life
Safety risk hazard per table 407.1.
It is therefore my assessment contingent on City of Elk River approval that without any
changes or modification to the existing building my client should be able to move ahead with
this request.
Attachment
2015 Conservation Code Table 407.1
Note: Please contact me "Gregg S. Graton" at 612-382-5682 with questions or comments
regarding the contents of this letter.
Sincerely,
Gregg S. Graton, AIA, State of Minnesota Architect License # 40838
1
Owner/ Founder of Mainly Details.
PRESCRIPTIVE COMPLIANCE METHOD
.2. Buildings assigned to Seismic -Design Category
A, B or C whose substantial structural damage
was not caused by earthquake need not be evalu-
ated or rehabilitated for load combinations that
include earthquake effects.
[B] 404.4 Less than substantial structural damage. For
damage less than substantial structural damage, repairs shall
be allowed that restore the building to its predamage state,
based on material properties and design strengths applicable
at the time of original construction. New structural meth the
ers
and connections used for this repair shall comply
detailing provisions of the International Buhlding location. de for
new buildings of similar structure, purpose
[B] 404.5 Flood hazard areas. For buildings and structures
in flood hazard areas established in SSection constitutes the
h
International Building Code, any rep
sub-
stantial improvement of the existing structure, as defined in
Section 202, shall comply with the flood design requirements
for new construction, and all aspects of the existing structure
shall be brought into compliance with the requirements for
new construction for flood design.
For buildings and structures in flood hazard areas estab-
lished in Section 1612.3 of the International Building Code,
any repairs that do not constitute substantial improvement or
repair of substantial damage of the existing structure, as
defined in Section 202, are not required to comply with the
flood design requirements for new construction.
SECTION 405
FIRE ESCAPES
[131405.1 Where permitted. Fire escapes shall be permitted
only as provided for in Sections 405.1.1 through 405.1.4.
[B] 405.1.1 New buildings. fire escapes shall not consti-
tute any part of the required means of egress in new build-
ings.
[B] 405.1.2 EAsting fire escapes. Existing fire escapes
shall continue to be accepted as a component in the means
of egress in existing buildings only.
[B] 405.1.3 New fire escapes. New fire escapes for exist-
ing buildings shall be permitted only where exterior stairs
cannot be utilized due to lot lines limiting stair size or due
to the sidewalks, alleys or roads at grade level. New fire
escapes shall not incorporate ladders or access by win-
dows.
[B] 405.1.4 Limitations. Fire escapes shall comply with
this section and shall not constitute more than 50 percent
of the required number of exits nor more than 50 percent
of the required exit capacity.
[B] 405.2 Location. Where located on the front of the build
ing and where projecting beyond the building line, the lowes
landing shall not be less than 7 feet (2134 mm) or more that
12 feet (3658 mm) above grade, and shall be equipped with
counterbalanced stairway to the street. In alleyways and thot
oughfares less an
feet
144 mm) wide, the clearanc
under he lowestllanding shall )
not be less than 12 feet (365
mm).
[B] 405.3 Construction. The fire escape shall be designed to
support a live load of 100 pounds per square foot (4788 Pa)
and shall be constructed of steel or other approved noncom-
bustible materials. Fire escapes constructed of wood not less
than nominal 2 inches (51 mm) thick are permitted on build-
ings of Type V construction.'Walkways and railings located
over or supported by combustible roofs in buildings of Type
III and IV construction are permitted to be of wood not less
than nominal 2 inches (51 mm) thick.
405.4 Dimensions. Existing and replacement fire escape
stairs shall meet the minimum width, capacity, riser height,
and tread depth as specified in Table 405.4.
TABLE 405.4
DIMENSIONS FOR EXISTING AND
REPLACEMENT FIRE ESCAPE STAIRS
SERVING MORE SERVING 1D
FEATURE THAN 10 OR FEWER
OCCUPANTS OCCUPANTS
22 inches 18 inches
Minimum Width
12 inches
Maximum Riser Height 9 inches
9 inches 6 inches
Minimum Tread Depth
For SI: 1 inch = 25.4 mm.
[B] 405.5 Opening protectives. Doors and windows along the
fire escape shall be protected with'/4 hour opening protectives.
M
N
M
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M
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M
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M
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M
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M
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M
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SECTION 406
GLASS REPLACEMENT
[B] 406.1 Conformance. The installation or replacement of
,,i:,cc shall be as required for new installations.
SECTION 407
CHANGE OF OCCUPANCY
407.1 Conformance. Changes in the use or occupancy of any
building that would place the building in a different division
of the same group of occupancy or in a different group of
occupancies shall be permitted if such building is made to
comply with the requirements of the International Building
Code for such division or group of occupancy. Subject to the
approval of the building official, the use or occupancy of
existing buildings shall be permitted to be changed and the
building is allowed to be occupied for purposes in other
groups without conforming to all of the requirements of this
code for those groups, provided the new or proposed use is
equally or less hazardous, based on life and fire risk, than the
existing use based on Table 407.1.
TABLE 407.1
LIFE SAFETY AND FIRE RISK
IELATIVE HAZARD OCCUPANCY CLASSIFICATION
1 H, I-2,1-3
(Highest Hazard)
2 I-4, A-1
3 E, I-1, R-1, R-2, A-2, A-3, A-4
4 B, F-1, R-3, R-4, S-1, M, A-5
5 (Lowest Hazard) F-2, S-2, U
2015 MINNESOTA CONSERVATION CODE FOR
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