7.3 SR 02-22-2022Request for Action
To Item Number
Mayor and City Council 7.3
Agenda Section Meeting Date Prepared by
Public Hearings February 22, 2022 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Amendment to Conditional Use Permit: 10752 Zack Carlton, Planning Manager
168th Circle, Royal Oak Acquisitions, LLC
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Conditional Use Permit amendment
removing Condition #1 from CU 21-02 as the previously required
easement is no longer required for access to the adjacent parcel.
Background/Discussion
In 2021, the property received a CUP (CU 21-02) to construct a 90,000
square foot addition to the existing 105,000 light manufacturing
facility. A condition of approval required that the applicant prepare and
record an ingress/egress easement providing access for PID 75-011-
3400.
Staff have since identified an alternate location for an ingress/egress
easement on the adjacent city parcel. The option to use the city parcel
means the easement condition on the approved CUP is no longer
required and the applicant has requested the condition be removed.
Planning Commission
During the public hearing, no one spoke for or against the request and
staff has not received any comments since the commission meeting.
The Planning Commission had no questions or concerns about the
request and unanimously recommended approval.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs – Agile
Work with citizens to achieve goals
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
Attachments
Location Map
Applicant’s Narrative
Easement Exhibit
CU 21-02 Recorded Document
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Royd Oak Acquisitions LLC
C o nclitio n,al Use Perillit
Case No: No:CU 22-05
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34Y.82
Office of the County Recorder
Sherburne County, MN
Doc. No. 930690
Certified, filed, and or recorded on
October 26, 2021 11:00 AM
Michelle Ashe, County Recorder
By SD Deputy
Fees: $46.00
II IIII IIIIII IIIIIIII III
930690
CITY OF ELK RIVER
SHERBURNE COUNTY
CONDITIONAL USE PERMIT
Case No. CU 21-02
Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a Conditional
Use Permit ("Permit', requested by RJ Ryan Construction, Inc., and Meritex Elk River LLC for the following
use:
Conditional Use Permit for Building Expansion for Light Industrial Use at 10752168th Circle NW
Property. The Permit is for the following described property ("Subject Property") in the City of Elk River,
Sherburne County, Minnesota:
Lot 1 and Lot 2, Block 2, NATURES EDGE BUSINESS CENTER SECOND ADDITION,
Sherburne County, MN
Owner. Owner of the Subject Property at time of the approval of the Permit:
Meritex Elk River LLC, owner
Conditions. The Permit is issued subject to the following conditions to satisfy the standards set forth in
Section 30-654:
1. The applicant records an ingress/egress easement providing access for PID 75-011-
3400.
Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for the
herein are complied with. The City may revoke the Permit following a public hearing for violation of the
terms and/or conditions set forth in the Permit.
Lapse. If within two (2) years of the issuance of the Permit the proposed work described in a conditional use
permit has not been substantially completed, the permit shall expire and become void, except that the council
may, following recommendation of the planning commission, extend the permit for an additional period
determined by the council on the receipt of a request for a permit extension prior to its expiration. A conditional
use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use
ceases for more than six (6) months.
Criminal Penalty. Both the owner and any occupant of the Subject Property are responsible for compliance
with the permit. Violation of the terms of the Permit is a criminal misdemeanor.
Recording. The Permit shall be recorded against the title to Subject Property.
Dated: March 15, 2021
CITY OF ELK RIVER
By: �-
r
By:
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this lb day of 2021, by
John J. Dietz and Tina Allard, respectively, the Mayor and City Clerk of the City of Elk River, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City
Council.
c'
DRAFTED BY: N tary Public
City of Elk Rivera---'i I JENNIFER OLA GREEN
13065 Orono Parkway NOTARY PUBLIC - MINNESOTA
Elk River, MN 55330
763-635-1032 MY Commission ExpiresJan. 31, 2025