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4.1. PCSR 12-17-2019Request for Action To Item Number Planning Commission 4.1 Agenda Section Meeting Date Prepared by Public Hearings December 17, 2019 Chris Leeseberg, Senior Planner Item Description Reviewed by Sogdiana LLC/Zafar Khamdamov – 732 Vernon Ave. Zack Carlton, Planning Manager  Zone Change from Single Family Residential (R1-c) Reviewed by to Residential Townhouse/Multi-Family Use (R3), Case No. ZC 19-04 Action Requested Recommend, by motion, denial of the zone change from R1-c (single-family residential) to R3 (townhouse/multi-family residential) for the following reasons: 1. Re-zoning the parcel would not be consistent with the surrounding area. 2. The subject property does not act as a transition between single-family and multi-family districts. 3. The site cannot provide the required parking for an R3 zoning classification. 4. The existing structure has only one attached garage. Three would be required. 5. The existing structure does not comply with design standards of the R3 district. Background/Discussion The applicant was notified by city staff the use of the subject property as a multi-family residence is not in compliance with the city codes. The applicant is applying for a zone change to bring the property into zoning compliance and maintain the multi-family use. The structure was built in 1976 as a single-family home and the applicant purchased the property in February 2019. The applicant is proposing to have three units. The structure looks like a single-family home in a single-family district and the property has not received any building permits to convert the home to a multi-family building, nor does the city does have any documentation indicating the property previously received approval to operate as a multi-family use. The city denied a similar request to rezone the parcel to R3 in 2004. The purpose of the Comprehensive Plan is to establish a framework and expectations as to the future use of land. The subject property is .55-acres and would have 5.45 units/acre (three units), which is about the plan guidance of 3 to 4 units/acre. The subject parcel is also located within an older established single-family residential neighborhood where a multi-family building would be out of place. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Applicable Regulations Multiple family uses within an R3 zoning district must comply with the following standards. Parking Resident parking shall be provided at one space per bedroom and guest parking shall be ½ parking spaces per unit and shall be provided in an off-street parking lot or private drive. The applicant stated Unit #1 has three bedrooms, Unit #2 has one bedroom, and Unit #3 has three bedrooms. The required amount of parking for this proposed multi-family residence would be 9.5 (10) stalls. The subject property, in its existing state, appears to be able to park four vehicles (2 in the garage and 2 on the driveway). Garages Each dwelling unit shall include an attached garage that is a minimum of 22-feet wide. The existing single-family residence has only one attached garage. Building Design and Construction Standards The existing single-family residence does not appear to meet the requirements of the R3 design standards. The R3 district is intended to function as a transition between the less intense single-family district and the more intense multi-family districts. The subject property does not accomplish this. If this property were to be re-zoned, it would only be a .55-acre parcel of land zoned R3 surrounded by a large area of properties zoned R1-c. Spot zoning is always a consideration when looking at a small rezoning application. Standards define spot zoning as “the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of such property and to the detriment of other owners.” This request is different from the surrounding area and only benefits the property owner. In the review of the standards for a Zone Change as outlined, it appears that the request is not consistent with the standards. This structure, as well as the site, does not support a multiple family zoning use. Financial Impact None Statutory Review Period Per State Statute §15.99, the required 60-day review period ends on January 31, 2020. Council Meeting If acted on, this item will go to January 21, 2020, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Aerial and Site Photos 40 04 1p P, i r rr dam ° a u N 0 z w U) "M7 tk '.. LO 1 At ACEI VED SOMANA LLC Real Escare Company 13500 Grove Dr. I Unit 1418 1 Maple Grove MN 55311 1 Office: 612.703.7730 December 2, 2019 This is the request for Zoning Change of a Single-family property located at 732 Vernon Ave NW Elk River MN in a residential RIC zoning district, to an R3 Multi -Family use. We are seeking approval for a Multi -Family Use of this building. Without any further structural modifications, the property currently offers approximately 4000 square feet of livable spaces that meet the building codes with three divided separate Units. Each unit in the property currently offers necessary amenities such as Bathroom, kitchen, onsite laundry, and variable bedrooms. Change of Zoning will allow us to use this building in its Current State with no further modification as a multi -family property. Reason: Our property will offer functional and affordable units for small families, particularly in today's high-cost housing markets and the shortage of affordable leaving and for more efficient use of land and the building. Property Description: The property sits on a 0.75 -acre parcel and offers approximately 4,500 combined square feet of livable space that meets the building codes with divided three separate Units. The current modification of the property is very similar to the Townhouse category with separate entrances. Unit -1 offers 3 bedrooms, Living room, 1 bathroom, kitchen, and in -unit laundry Unit -2 offers: 1 bedroom, Living room, Dining room, 1 bathroom, kitchen and in -unit laundry Unit -3 offers: 3 bedrooms, Living room, Dining room, 1 bathroom, Kitchen and in -unit laundry The Large backyard offers shared an outdoor common area for tenants' use. Concrete Driveway is capable of accommodating parking for up to six vehicles Benefits to the City: The property has already been taxed and classified as a Multi Family Dwelling Since the ownership of the property as of February 2019, we have put significant effort and invested funds to restore the property to its current great condition and more appealing and attractive appearance; the restoration work included interior and exterior cosmetic updates; ❑ New Siding was installed throughout the entire property. ❑ Broken Garage door has been replaced with New. ❑ Three large dumpsters of trash have been removed to cleanout the back yard form all kinds of debris, appliances, and furniture. ❑ Two unauthorized distressed Shed storage buildings have been removed ❑ Landscaping and grass have been restored. Since then the property has been well maintained and to avoid the distractive visual appearance and to preserve overall neighborhood value We strictly regulate Lease provisions and currently have well-behaved Tenants that care and show an effort to help us maintain the property form inside and out. We conduct frequent property inspections to make sure all ground rules of the Lease are followed, and to keep the physical -mechanical ads and there are no suspicious activities are taking place at the property. Sincerely, I Zafar K. Khamdamov Director of Operations Sogdiana LLC 612.703.7730 tzk.corp@gmail.com f arrmy - AL w qc:*, C) C11%j - _ M r W. R 4L! MW oif 4 w qc:*, C) C11%j - _ M 5r� _ qk tib* r L ED CD CD � S� of Via.