5.1. PCSR 01-28-2020Request for Action
To Item Number
Planning Commission 5.1
Agenda Section Meeting Date Prepared by
Public Hearings January 28, 2020 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Sogdiana LLC/Zafar Khamdamov- 732 Vernon Ave. NW
Zack Carlton, Planning Manager
Zone Change from Single Family Residential (R1-c) to
Reviewed by
Residential Townhouse/Multi-Family Use (R3), Case
No. ZC 19-04 ~ postponed from December 17-2019
Action Requested
Recommend, by motion, denial of the zone change from R1-c
(single-family residential) to R2a (two family residential) for the
following reasons:
1. Re-zoning to multiple family would not be consistent with
the surrounding area.
2. This request only benefits the property owner.
3. The subject property does not act as a transition between
single-family and multi-family districts.
Background/Discussion
The Planning Commission reviewed this item at their December 17,
2019, meeting and per the applicant’s request, postponed action
until January 28, 2020. The applicant has requested additional time
to explore alternative options that may allow the subject property to
operate as a multiple-family use.
The applicant in now requesting the property be rezoned to R2a
which allows for residential, multiple family (two units max).
The structure was built in 1976 as a single-family home in a single-
family residential district. The applicant purchased the property in February 2019. The applicant is
proposing to have two rental units within the building. 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 3.63 units/acre (two units), which falls in 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
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 reviewing a proposed amendment, consideration shall be given to existing conditions within the area
directly and indirectly affected by the proposal, the conservation of property values, the use to which the
property affected is being devoted at the time, and relevant provisions, if any, in the land use plan. The
re-zoning to multiple family would not be consistent with the existing conditions (single-family) and the
subject property does not act as a transition between single-family and multi-family districts.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99, the required 60-day review period ends on January 31, 2020. The review period
has been extended to March 31, 2020.
Council Meeting
If acted on, this item will go to February 18, 2020, City Council meeting.
Attachments
Location Map
Applicant’s Narrative
Aerial and Site Photos
60-day Extension Letters
13500 Grove Dr. | Unit 1418 | Maple Grove MN 55311 | Office: 612.703.7730
January 13, 2020
Chris,
Thank you for your assistance in the process and review of our application for a Zoning Change of a Single-family
property located at 732 Vernon Ave NW Elk River MN in a residential R1C zoning district. From the available options,
we would like to select an R2A Zoning to allow a Multi-Family use on this subject property.
Sincerely,
Zafar K. Khamdamov
Director of Operations
Sogdiana LLC
612.703.7730
tzk.corp@gmail.com