7.1. SR 11-18-2019 ��i
Eof
lk — - Request for Action
River
To Item Number
Mayor and City Council 7.1
Agenda Section Meeting Date Prepared by
Public Hearin November 18, 2019 Zack Carlton,Planning Manager
Item Description Reviewed by
Interim Use Permit: Indoor Storage for Sun Rae Chris Leeseber , Senior Planner
Apartments LLC, 17354 Zane Street Reviewed by
Cal Portner, City Administrator
Action Requested
Approve,by motion,the Interim Use Permit (IUP) with the following conditions.
1. The IUP shall expire on May 31, 2020. r
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. U
CR 33
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. z
5. All concerns identified by the site visit or submittal of plans RR
will need to be addressed prior to establishing the use.
6. Outdoor storage shall not be allowed. Hwy 10
7. The applicant must submit a copy of a lease agreement for a - - CR iz
single-use tenant to end on May 31, 2020.
Background/Discussion
The applicant, Sun Rae Apartments LLC,has requested approval % R�
of an IUP to operate an indoor storage facility within the existing y
Saxon Motors building until May 31, 2020. The storage would 'Q,6
9
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 Figure I
would occur during the operation of the IUP. Nothing would be stored outside of the building or
elsewhere on the premises.
Planning Commission
The Commission held a public hearing for this item on October 22, 2019. Two residents spoke and
expressed concerns for vandalism on the site,which they worry would increase if the building is allowed
to be used for temporary storage. They also had concerns in allowing interior storage in a building that
The Elk River Vision
A avelcoming community with revolutionary and spirited resourcefulness, exceptional p D W E H E D D Y
service, and community engagement that encourages and inspires prosperity /` UR
does not meet current building/fire codes. The applicant's representative noted that there are two security
cameras on the property which monitor the site 24/7.
The Commission asked the applicant's representative if there are any plans to add additional security
system upgrades. He was not aware of any plans and noted that question would best be answered by the
applicant. The Commission discussed the building and fire code requirements,noting that compliance is a
state requirement. They also discussed assurances that the use would end at the termination of the IUP
and concerns with more than one tenant being allowed to use the space. Staff noted that ordinance allows
the city to require an escrow to ensure the use would end on the date specified, and also stated that the
applicant can request an extension at the termination of the current IUP.
The Commission continued discussion regarding compliance with state building and fire codes and felt
that satisfaction of requirements/comments from the fire marshal and building inspector are sufficient
and spelled out in the conditions of approval.
The Commission unanimously recommended approval with an additional condition limiting the use to
one tenant and requiring submittal of a lease agreement.
Financial Impact
None
Statutory Review Period
Per State Statute 15.99, the required 60-day review period ends on November 29, 2019.
Attachments
■ Planning Commission Packet dated October 22, 2019
■ Architect's Letter dated October 18, 2019
■ City Response dated October 22, 2019
N:\Public Bodies\Agenda Packets\11-18-2019\Final\7.1 sr Saxon IUP.docx
Elk Request for Action
River
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 Leeseber , 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 " CR 33
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 RR
potential fire code issues/concerns.
5. All concerns identified by the site visit or submittal of plans riWy io
will need to be addressed prior to establishing the use. - \, CR iz
6. Outdoor storage shall not be allowed.
Background/Discussion
The applicant, Sun Rae Apartments LLC,has requested approval 99
of an IUP to operate an indoor storage facility within the existing y
Saxon Motors building until May 31, 2020. The storage would '%
6y
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 Figure i
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 nrhich the interim use permit is to be granted twill terminate before any adverse impacts are
felt upon adjacent properties.
The Elk River Vision
A n.,elcoming community nvith revolutionary and spirited resourcefulness, exceptional p o w E R E o e r
service, and community engagement that encourages and inspires prosperity11"N'ATURE]
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 mill terminate the use can be identified nrith 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) Authorising the use mill 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 authorisation 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 mill 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) Authori.Zation of the interim use mill not result in adverse effects on the public health, safety, or n�,elfare.
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:\Depnrtineiits\CommuiiityDevelopmelit\PI21uiing\C2se Files\IUP\IU 19-03 Siui Rae Apartments -Pat Briggs\4-Plaiuiing Commission\4.1 sr
Saxon IUP.docx
(9) The proposed interim use is consistent nith the City of Elk River Comprehensive Plan and conforms to the
city's honing 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
N:\Depnrtineiits\CommuiiityDevelopmelit\PI21uiing\C2se Files\IUP\IU 19-03 Siui Rae Apartments -Pat Briggs\4-Plaiuung Commission\4.1 sr
Saxon IUP.docx
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RECEIVED
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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RECEIVED
SEP 3 0 2019
Mainly Details Architectural Design, PLLC
MainlyDetails.com | Gregg@MainlyDetails.com
Phone: 612-382-5682 | Suite 213 1710 North Douglas Drive, Golden Valley, MN
55422
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
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
Owner/ Founder of Mainly Details.
From:Dickinson, Mark
To:Carlton, Zachary
Subject:Fwd: [EXTERNAL] Storage facility -Temporary Occupancy Request
Date:Tuesday, October 29, 2019 11:03:42 AM
From: Dickinson, Mark <mdickinson@elkrivermn.gov>
Sent: Tuesday, October 22, 2019 11:56:52 AM
To: 'Pat Briggs' <pat@thebriggscompanies.com>
Subject: RE: [EXTERNAL] Storage facility -Temporary Occupancy Request
Hello Mr. Briggs,
Thank you for getting us the information from the Architect and for the quick response. After
conferring with the Interim Fire Marshal and the Buildings department for the city, we agree with
the analysis of the building being classified as S1 for this type of use, however we need a little
more information from the Architect regarding safety features;
1.How many square feet of space will be used? We are looking for an outline of all the areas
that will be used for storage. First floor is listed as 23,125 square feet, and second floor is
6,618 square feet. This is important information to determine a sprinkler system.
2.Outline all the items that will be stored and in what areas? It was communicated that boats
will be stored, will that be the only items stored? Type of boats and quantity of fuel if any.
3.questions regarding adequate exits out of each space, including exit signs and emergency
lighting.
Thank you and let me know if you have any questions.
Respectfully,
Mark Dickinson
Elk River Fire Department – Fire Chief & Director of Emergency Management
13073 Orono Parkway, Elk River, MN 55330
763.635.1105 ElkRiverMN.gov
From: Pat Briggs [mailto:pat@thebriggscompanies.com]
Sent: Friday, October 18, 2019 2:53 PM
To: Dickinson, Mark
Subject: [EXTERNAL] Storage facility -Temporary Occupancy Request
Mark,
Please see the attached letter regarding the Saxon Building storage facility.
Please review and let me know Monday if you need anything else from us to satisfy The
building and fire department.
Thank you for your consideration