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3.1. PCSR 03-10-2020Request for Action To Item Number Planning Commission 3.1 Agenda Section Meeting Date Prepared by Public Hearings March 10, 2020 Chris Leeseberg, Senior Planner Item Description Reviewed by Sogdiana LLC / Zafar Khamdamov - 732 Vernon Zack Carlton, Planning Manager Ave. NW - Interim Use Permit to allow multi- Reviewed by family residential use in a single-family zoning district, Case No IU 20-01 Action Requested Recommend, by motion, denial of the Interim Use Permit as the standards set forth in Section 30-658 have not been satisfied. Alternatively, if the Planning Commission concludes the standards have been satisfied, staff recommends the following conditions: 1. The Interim Use shall terminate after 3 years (36 months) or when the property changes ownership, whichever occurs first. 2. The Interim Use Permit will be recorded against the property to put any future buyers on notice that the Interim Use Permit will not run with property. 3. The structure shall be returned to a single-family home prior to sale or when the Interim Use Permit terminates. 4. The applicant shall submit a deposit in the amount of $5,000 to ensure compliance with the Interim Use Permit conditions. Background/Discussion The property is zoned R1-c single-family residential. Multiple family residential structures are not an allowed use in this district. The applicant is requesting an Interim Use Permit (IUP) to utilize the single-family home as a three-unit multiple family building. The request is for a period of 5 years (60 months) or until he no longer owns the property, whichever occurs first. The structure was built in 1976 as a single-family home in a single-family residential district but has apparently been converted a three-unit multi-family unit for some time. The applicant purchased the property in February 2019 and is proposing to keep three rental units within the building for an additional five years. The structure looks like a single-family home in a single-family district and the property has The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity not received any building permits to convert the home to a multi-family building, nor does the city have any documentation indicating the property previously received approval to operate as a multi-family use. 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 above 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. Applicable Regulations Before the city council may authorize an interim use, it must make the following findings: 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 proposal is in a fully developed neighborhood of single-family homes. Although the city is not aware of any adverse impacts so far, impacts can occur at any time regardless of the desired or approved timeframe. Increased density may create adverse impacts or establish a precedence for similar uses in the future. 2. There is adequate assurance that the property will be left in suitable condition after the use is terminated. The use will not be left in a condition suitable for a single-family home. The applicant purchased the property in its current state believing it could function as a multi-family home. If approved, when the IUP terminates the city would be back to having the property in its current condition unless the city requires the conversion to a single-family structure and secures an appropriate deposit to ensure compliance with the conditions. 3. The use is similar to uses allowed in the zoning district in which the property is located. Single-family residential uses are allowed in the single-family zoning district. There are no similar uses (multi-family) in the neighborhood. 4. The date or event that will terminate the use can be identified with certainty. The applicant is requesting the IUP terminate at 60 months, or until he no longer owns the property, whichever occurs first. This does not preclude the applicant from asking for an extension in the future or another owner requesting a new IUP. In this situation, the IUP approach is deflecting the non-conforming use onto someone else in the future. There is no certainty the use will terminate. If the city requires the conversion to a single-family structure and secures an appropriate deposit to ensure compliance with the conditions, the termination of use may be identified with certainty. 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. Additional costs could be incurred returning the structure back to a condition where it would not be mistaken as a multi-family structure. 6. The applicant and user agree to all conditions that the city council deems appropriate for authorization of the interim use. There currently are no proposed conditions with staff’s recommendation of denial. If approved, staff has drafted four conditions for consideration. 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. Again, the applicant indicates the IUP will terminate after 5 years (60 months) or until he no longer owns the property, whichever occurs first. With possible extensions or new owners, there is no certainty the use will be terminated. If the city requires the conversion to a single-family structure and secures an appropriate deposit to ensure compliance with the conditions the use can be terminated as provided in the interim use permit. 8. Authorization of the interim use will not result in adverse effects on the public health, safety, or welfare. While there has not been any record of adverse effects with the property, there are no assurances that adverse effects could arise in the future with three families living on one city lot. The density exceeds what the Comprehensive Plan guides it for. The proposed use could result in adverse effects on the public health, safety, or welfare. 9. The proposed interim use is consistent with the City of Elk River Comprehensive Plan and conforms to the city's zoning regulations. The use is not consistent with the Comprehensive Plan and multi-family uses are not allowed in the zoning district. Financial Impact None Statutory Review Period Per State Statute §15.99, the required 60-day review period ends on April 12, 2020. Council Meeting If acted on, this item will go to the March 16, 2020, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Site Photos 13500 Grove Dr. | Unit 1418 | Maple Grove MN 55311 | Office: 612.703.7730 February 12, 2020 Please accept this letter as my request to withdraw the initial application that was submitted in December of 2019 for the Zoning Change of a Single-family property located at 732 Vernon Ave NW Elk River MN in a residential R1C zoning district, to an R3 Multi-Family Instead, I am seeking for an approval of Interim Use Permit (IUP) for this property, for the period of up to 60 month or during my ownership of the property, whichever comes due first. Please let me know if this requested can be accommodated. Sincerely, Zafar K. Khamdamov Director of Operations Sogdiana LLC 612.703.7730 tzk.corp@gmail.com