5.1. BASR 03-22-2022 Request for Action
Cir•ci
Elk -
River=
To Item Number
Board of Adjustments 5.1
Agenda Section Meeting Date Prepared by
Public Hearings March 22, 2022 Zack Carlton,Planning Manager
Item Description Reviewed by
Steve Hickman—9875 US Highway 10 Chris Leeseber , Senior Planner
■ Outdoor Display Area Variance, Reviewed by
Case No.V 22-02
Action Requested
Approve,by motion,the outdoor display area variance as the following
standards have been satisfied:
1. The general purpose and intent of the ordinance are met.
2. The property has a land use of residential and the use is
consistent with the comprehensive plan. �!'�
3. The proposed use is reasonable and is permitted in the zoning L) CR33
ordinance.
4. The plight of the petitioner is due to circumstances unique to
3
the property not a consequence of the petitioner's own action
or inaction. RR
5. The variance will not alter the essential character of the locality.
Hwy 10
and; - -- CR 12
with the following condition:
1. The outdoor display area limit shall not exceed 40% of the
parcel area. �P
�o
ap
Figure I - _--
Background/Discussion
The applicant has submitted an application package to support the proposed re-location of Plants and Things
from their current location in Ramsey to a new location immediately adjacent to Furniture and Things. The
applications include a zone change (ZC 22-02),plat (P 22-03),variance (V 22-02), and site plan (SP 22-03) review.
All applications must be approved prior to issuance of a building permit.
The requested variance increases the area permitted for use as outdoor display of products. Two sections of the
ordinance limit the maximum area well below what has been requested as part of the proposed site plan. The
Highway Commercial zoning district,the proposed zoning district,limits outdoor display areas to one percent of
the lot area, and Sec. 30-939 limits outdoor display areas to ten percent of the floor area of the principal use.
The Elk River Vision P I I E R E I I Y
A welcoming community avith revolutionary and spirited resourcefulness, exceptional [NAWR
service, and community engagement that encourages and inspires prosperity. Updated.August 2020
The proposed use includes retail sales where the primary product is outdoor sheds and garden furniture. The use
requires large outdoor display areas and the submitted site plans show approximately 40 percent of the parcel area
designated for outdoor display.
Applicable Regulation
(The applicant's responses are italicized with staffs notes after.)
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described
below. The variance is:
1. Is in harmony with the general purpose and intent of the ordinance,and
The two standards that appyto outside storage in the Zoning ordinance are in Section 30-939 and 30-1024. They restrict
the outdoor display area to I%of the lot area and 10% of the floor area of the principal structure. This mould allow 4,265
square feet using the lot area and 1,200 square feet using the principal structure area. ilhile these standards seem reasonable
for a gas station with outdoor display or a grocery store with outdoor display, we do not believe the intent of the ordinance was
to limit a unique business like Plants and Things to the same standard. Therefore, we believe the variance to be in harmony
with the ordinance.
The outdoor display standards are targeted at accessory uses, as noted in list of uses in the C-3 zoning
district, rather than the primary use of the property.An example may be bags of salt or firewood outside of
a gas station. The general purpose of the ordinance was not intended to limit this type of retail use.
The request is in harmony with the general purpose and intent of the ordinance.
2. Is consistent with the City of Elk River Comprehensive Plan.
The comprehensive plan guides the property for highway commercial uses which include auto oriented
retail uses with a regional impact.
The request is consistent with the adopted Comprehensive Plan.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the
zoning ordinance. Practical difficulties means that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
The operation of this business is unique and there are practical difficulties complying nvitb the ordinance. The ordinance mould
require nearly a 4 acre building be constructed to house the landscaping products within an enclosed structure. This creates a
practical dculty as a building of this side is not feasible for the nature of the business. The variance is reasonable for this use
and will not alter the essential character of the locality.
The proposed use as a retail operation for outdoor sheds and furniture is by nature a retail operation with
an explicit need for outdoor display of products. The ordinance was not written to limit this type of
reasonable use of the property,rather the excessive display of product not intended for exterior use.
The request is reasonable,but not otherwise permitted by the ordinance.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the
petitioner's own action or inaction;and
The property,will be located within the C-3 Highway Commercial district upon approval of a zone
change,has unique zoning standards that were not intended to be applied to a business of this type.The
use is similar to an auto dealership which requires large open areas for display of their products.
The request is not due to the petitioner's own action or inaction.
5. The variance,if granted,will not alter the essential character of the locality.
The Highway 10 corridor includes numerous auto dealerships which also display their product in a similar
manner. The proposed retail use will also become an extension of the furniture sales operation immediately
adjacent to the proposed use.
The variance will not alter the essential character of the locality.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by April 1, 2022, this item will go to the April 18, 2022, City
Council meeting.
Mission/Policy/Goal
■ Ethical, efficient,and responsible
■ Work with citizens to achieve goals
■ Support the growth of the business community.
Attachments
■ Location Map
■ Applicant's Narrative
■ Site Plan
Steve Hickman Case No:V 22-02
E*Ver
Variance
Narrative
Rezoning, Site Plan Review,
Preliminary Plat, Final Plat and
Variance for
Plants and Things
Prepared for:
Hickman Land Investments
Revised March 10, 2022
SUBMITTED TO
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
PREPARED BY
Landform Professional Services, LLC
105 5th Ave S, Suite 513
Minneapolis, MN 55401
Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC
TABLE OF CONTENTS
Introduction ................................................................................................................................................ 1
Rezoning ..................................................................................................................................................... 1
Site Plan Review .......................................................................................................................................... 1
Variance ...................................................................................................................................................... 1
Preliminary and Final Plat ........................................................................................................................... 2
Summary ..................................................................................................................................................... 2
Contact Information ................................................................................................................................... 2
Plants and Things, Elk River, MN Revised March 10, 2022
HLI21001 1
Introduction
On behalf of Hickman Land Investments, Landform is pleased to submit this application for rezoning, variance,
preliminary plat and final plat approval to allow a service center and warehouse with outside display for Plants and
Things at 15612 Jarvis Street NW in Elk River, MN. The site includes the existing Furniture and Things business on
proposed Lot 1, Block 1 and the new Plants and Things operation on Lot 2, Block 1, Hickman Addition. Our
redevelopment plan includes a plat to consolidate three parcels into two lots and two outlots. We are excited about
the improvements proposed for this site.
Rezoning
We are requesting a rezoning from I-3 (General Industrial) to C-3 (Highway Commercial) to for the property at 9875
US Highway 10. This is consistent with the zoning at 15612 Jarvis Street NW for Furniture and Things. The C -3
zoning will allow development of the Plants and Things business as shown on the plans.
Site Plan Review
The proposed site plan for the site includes two buildings for the operation of the Plants and Things business along
with outdoor sales yards for display of the landscaping products. We are meeting the standards in the City Code with
the exception of the variance for outdoor display area included below.
Variance
We are requesting City approval for a variance from the accessory structure size limits to allow a 179,000 sq. ft. of
outdoor display area for Plants and Things on Lot 2.
We have reviewed the request in accordance with MN law and City ordinance standards in Section 30-635 and find
that the ordinance standards have been met. Specifically:
1. The variance is in harmony with the general purpose and intent of the ordinance.
The two standards that apply to outside storage in the zoning ordinance are in Section 30-939 and 30-1024. They
restrict the outdoor display area to 1% of the lot area and 10% of the floor area of the principal structure. This would
allow 4,265 square feet using the lot area and 1,200 square feet using the principal structure area. While these
standards seem reasonable for a gas station with outdoor display or a grocery store with outdoor display, we do not
believe the intent of the ordinance was to limit a unique business like Plants and Things to the same standard.
Therefore, we believe the variance to be in harmony with the ordinance.
2. The variance is consistent with the City of Elk River comprehensive plan.
The variance would allow development of a business that is anticipated by the comprehensive plan.
3. Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties means that:(1) The petitioner proposes to use the property in
a reasonable manner not permitted by the zoning ordinance;(2) The plight of the petitioner is due to
circumstances unique to the property not a consequence of the petition's own action or inaction; and (3) The
variance, if granted, will not alter the essential character of the locality.
Plants and Things, Elk River, MN Revised March 10, 2022
HLI21001 2
The operation of this business is unique and there are practical difficulties complying with the ordinance. The
ordinance would require nearly a 4 acre building be constructed to house the landscaping products within an
enclosed structure. This creates a practical difficulty as a building of this size is not feasible for the nature of the
business. The variance is reasonable for this use and will not alter the essential character of the locality.
Preliminary and Final Plat
Hickman Addition Preliminary and Final Plat
We are requesting approval of a preliminary plat and final plat to create two lots and two outlots.
Lot 1 will be the existing Furniture and Things building and parking, Lot 2 will be for the new Plants and Things
operation, which includes a 12,000 warehouse and a 10,000 sales center with outside storage/display and
associated parking. Two outlots on the north are planned for future development. Access to the new Plants and
Things site will be from a new driveway on Gateway Road NW. The subdivision would comply with all ordinance
standards.
Summary
We respectfully request approval of the Site Plan, Variance, Preliminary Plat and Final Plat to allow construction of a
new Plants and Things on the site.
Contact Information
This document was prepared by:
Kendra Lindahl, AICP
Landform
105 South Fifth Avenue, Suite 513
Minneapolis, MN 55401
Any additional questions regarding this application can be directed to Kendra Lindahl at klindahl@landform.net or
612.638.0225.
X
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INFILTRATION BASIN 1P:
BOTTOM = 884.30
100 -YR Hi = 888.46
-A
60'
24'
J -J
OUTLOT B
2.15 AC.
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ACCESSIBLE C7.2 10! "
SIGNAGE 2 BLOCK RETAINI NG WALL m
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STRUCTURAL RETAINING WALL (TYPO o _
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• STRUCTURAL PLANS
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11 E, 116
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d° XISTING 20 BUILDING
INTL. SYMBOL C7.2 Qom' 13 x �e SETBACK LINE
OF ACCESS (TYP.) 5 '.IC
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1. For construction staking and surveying services contact Landform at 612.252.9070.
2. Obtain all necessary permits for construction within, or use of, public right-of-way.
3. The digital file, which can be obtained from the Engineer, shall be used for staking. Discrepancies between the drawings and the
digital file shall be reported to the Engineer. The building footprint, as shown on these drawings, and the digital file, shall be
compared to the structural drawings prior to staking.
4. Reserved.
5. Dimensions shown are to face of curb and exterior face of building unless noted otherwise.
6. Delineate parking stalls with a 4 -inch wide white painted stripe. Delineate access aisles with 4 -inch wide white painted stripes 18
inches on center and at 45 degree angle to direction of travel.
> Trash / Recycling areas: See Architectural drawings for additional information.
8D Monument sign. Refer to architectural drawings for additional information.
DInstall 36" tall white fence along property line. Fence shall be American Fence Company 3' 2 -Rail Prefab Classic Ranch Rail or
approved equal. Refer to detail 7/C7.2 for additional information. Fence shall be installed per manufacturers specifications.
10. Install electric vehicle charging station, refer to electrical plans for additional information. Provide pavement markings on all electric
vehicle parking spaces. Contractor shall coordinate pavement marking design with owner.
25' PARKING / BUILDING SETBACK
The Property is Zoned 13 General Industrial
Building Setback Information is as follows:
Front Yard = 25 ft.
Rear = 40 ft.
Side (Interior) = 20 ft.
Side (Street) = 25 ft.
Parking Setback Information is as follows:
Front Yard = 25 ft.
Rear= 10 ft.
Side (Interior) = 10 ft.
Side (Street) = 25 ft.
Lot Coverage Information is as follows:
Lot Area Minimum = 1.0 ac.
Lot Width Minimum = 100 ft.
Site Area = 9.68 ac.
Outlot A Area = 2.15 ac.
Outlot B Area = 5.56 ac.
Existing
Pervious
740,000
s.f.
16.99
ac.
a 1 ' TY
Impervious
p'
PC
0.40
ac.
2.3%
Total
757,362
s.f.
17.39
ac.
100.0%
Proposed:
Pervious
458,040
s.f.
10.52
ac.
60.5
Impervious
299,322
s.f.
6.87
ac.
39.5
Total
757,362
s.f
17.39
ac.
100.0%
no
30
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ACCESSIBLE C7.2 10! "
SIGNAGE 2 BLOCK RETAINI NG WALL m
a
STRUCTURAL RETAINING WALL (TYPO o _
-- - (REFER TO ARCHITECTURAL & N
fl STRUCTURAL PLANS) n a $ ANOPY &FENCE - `O
(REFER TO ARCHITECTURAL & V
p
26'
• STRUCTURAL PLANS
F , .P
__j
lac p; {TY
- 10 r
`C'1 6 is
°
b • a FURNITURE &THINGS
Q
" 113,270 S.F.
11 E, 116
_.
N N ♦
or
C� o °11
d° XISTING 20 BUILDING
INTL. SYMBOL C7.2 Qom' 13 x �e SETBACK LINE
OF ACCESS (TYP.) 5 '.IC
s _ _
4 4
.e
I
II � as
�- ❑ ❑ E [11111 ❑ ❑ ❑
is
V
M .
24' 20 TYP p ° PROPOSED BUILDING •I 3011'
16'TYP.
[I El 111111 ❑ ❑ ❑ ❑ ❑ [111 .5 1 r 10,000 S.F. i p
•d ,,: FFE=895.00 r IF ..I
(� ,t EI ACCESSIBLE C7.2 v
SALES YARD SIGNAGE 2 P I °.
1 INTL. SYMBOL ♦IN ANOPY&FENCE
(AGGREGATE) ... p o
O : � . , 1 . � I (REFER TO ARCHITECTURAL &
OF ACCESS (TYP) 5
418.7' ° .. STRUCTURAL PLANS)
10 I p p e t3 Elj
Imo .
Big
.
° p•
♦ p °
:1 E
p ♦. ° r , ♦.
, r
, e q p ♦ r. r p.. f
� p i ♦
• f
r
♦
p ♦
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�a R
10 rl � 15 � 15 12 0 �
9'
N R� �Q �o o RoS 9�Je �� 9a sod
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S 9 Q ed 9 N e 9 Q 2 N � � �Poo
iB-
I IJ
1. For construction staking and surveying services contact Landform at 612.252.9070.
2. Obtain all necessary permits for construction within, or use of, public right-of-way.
3. The digital file, which can be obtained from the Engineer, shall be used for staking. Discrepancies between the drawings and the
digital file shall be reported to the Engineer. The building footprint, as shown on these drawings, and the digital file, shall be
compared to the structural drawings prior to staking.
4. Reserved.
5. Dimensions shown are to face of curb and exterior face of building unless noted otherwise.
6. Delineate parking stalls with a 4 -inch wide white painted stripe. Delineate access aisles with 4 -inch wide white painted stripes 18
inches on center and at 45 degree angle to direction of travel.
> Trash / Recycling areas: See Architectural drawings for additional information.
8D Monument sign. Refer to architectural drawings for additional information.
DInstall 36" tall white fence along property line. Fence shall be American Fence Company 3' 2 -Rail Prefab Classic Ranch Rail or
approved equal. Refer to detail 7/C7.2 for additional information. Fence shall be installed per manufacturers specifications.
10. Install electric vehicle charging station, refer to electrical plans for additional information. Provide pavement markings on all electric
vehicle parking spaces. Contractor shall coordinate pavement marking design with owner.
25' PARKING / BUILDING SETBACK
The Property is Zoned 13 General Industrial
Building Setback Information is as follows:
Front Yard = 25 ft.
Rear = 40 ft.
Side (Interior) = 20 ft.
Side (Street) = 25 ft.
Parking Setback Information is as follows:
Front Yard = 25 ft.
Rear= 10 ft.
Side (Interior) = 10 ft.
Side (Street) = 25 ft.
Lot Coverage Information is as follows:
Lot Area Minimum = 1.0 ac.
Lot Width Minimum = 100 ft.
Site Area = 9.68 ac.
Outlot A Area = 2.15 ac.
Outlot B Area = 5.56 ac.
Existing
Pervious
740,000
s.f.
16.99
ac.
97.7
Impervious
17,362
s.f.
0.40
ac.
2.3%
Total
757,362
s.f.
17.39
ac.
100.0%
Proposed:
Pervious
458,040
s.f.
10.52
ac.
60.5
Impervious
299,322
s.f.
6.87
ac.
39.5
Total
757,362
s.f
17.39
ac.
100.0%
NEW STOP SIGN
&POST
Required Parking
Store: One Stall per 500 s.f. of Building (Up to 6,000 s.f.). Then One Stall per 800 Additional s.f.
10,000 s.f. Total
Storage/Warehouse: One Stall per 2,000 s.f. of Building or One per 2 Employees (Assumed 20 Employees)
12,000 s.f. Total
Total Parking Stalls Required
27 ea.
Provided Parking:
28 FEB 2022
Standard Stalls (9x20)
79 ea.
Accessible Stalls (9x20)
4 ea.
Electric Vehicle Stalls (9x20)
2 ea.
Total Parking Stalls Provided
85 ea.
Green Space (Landscape Area)
•.gal
24'
PERIMETER FENCE. ■
CONTINUATION 1 ■
rwsn�r�
15612 JARVIS ST. NW
ELK RIVER, MN 55330 U I I I I III I I
O
PERIMETER FENCE CONTINUATION
100 SCALE
NORTH
Know what's Below.
Cal before you dig. 0 40 80
HICKMAN LAND INVESTMENTS
18672 LANDER DRIVE NW
ELK RIVER, MN 55330
City of
Elk -�
River'
PLANTS AND THINGS
ELK RIVER, MN
CONTACT ENGINEER FORAM' PRIOR HISTORY
DATE ISSUE/REVISION REVIEW
28JAN G122
OWNER REVIEW SET
CNC
28 FEB 2022
CITY SUBMITTAL
CNC
17MHR2022
CI TY RESUBMITTAL
IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOT
VISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDED
READABILITY AND IS NO LONGER A VALID DOCUNENT. PLEASE CONTACT
THE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS.
CITY RESUBMITTAL
MARCH 17, 2022
L A N D F O R M
From Site to Finish
105 South Fifth Avenue Tel: 612-252-9070
Suite 513 Fax: 612-252-9077
Minneapolis, MN 55401 Web: landform.net
FILE NAME C201HL1001
PROJECT NO.
HL121001
Len Morm®end Site to FnICM1®ere regieiered eorviae merke of LenMorm Pmieeeonel Serviaee, LLC.