5.1. BASR 12-20-2022it ci
Elk*
River
Request for Action
To
Item Number
Board of Adjustments
5.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
December 20, 2022
Zack Carlton, Community Development Director
Item Description
Reviewed by
Elk River Lodge — 17432 Zane St NW
Chris Leeseber , Senior Planner
■ Parking and Setback Variances supporting
Reviewed by
additional rental units, Case No. V 22-14
Action Requested
Approve, by motion, a variance approving a reduction in the number
of required parking stalls, required setbacks, and adjustments to the -
parking stall dimensions: -
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. " ° : cR 33 —
3. The proposed use is reasonable and is permitted in the zoning
ordinance. °r
4. The petitioner to
th f o plight etitioner is due to circumstances unique q
the property not a consequence of the petitioner's own action - _ ,RR
or inaction.
5. The variance will not alter the essential character of the locality.
CR12—L
and;
with the following conditions:
1. The front yard setback along the future Zane Street cul-de-sacs
shall maintain the full 10-foot setback.,;}
2. Two new parking spaces (one covered and one surface) shall be
required for each one new residential unit.
3. The current right-of-way easement shall be vacated and
replaced with a new easement around the cul-de-sac that is R're -`
consistent with city standards.
4. Submittal of an updated site plan with turning radii for fire trucks, garbage trucks, and delivery vehicles.
5. A commercial building permit is required.
6. All interior parking delineations shall be painted — no curbing in the center of the lot.
7. The proposed curb along the south lot line shall not be closer than 5 feet to the lot line.
8. Staff approval of the final striping and pavement plans.
9. The current parking agreement on file with the city shall be updated to require a reduction in the number
of units should parking become an issue in the future, based on city findings.
The Elk River Vision
A n elcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
p I I E I E 0 IY
NATUREI
Updated. August 2020
10. The new angled parking space between the garage and those along the south lot line shall be limited to and
signed, via on pavement signage, not posts, for car parking only.
11. This variance does not exempt the applicant from building codes related to the proposed remodel.
Background/Discussion
The applicant, Elk River Lodge, is seeking approval of multiple variances that will allow an interior remodel of the
existing pool area in support of additional residential units. To achieve that goal, the site plan must be updated to
accommodate additional parking. Ordinance requires 2.5 stalls for each residential unit. The proposal constructs
two stalls per unit. This is consistent with previous approval on this site, along with approvals for similar projects
elsewhere in the community.
Due to the current site constraints, that applicant is also requesting setback variances to accommodate the
additional parking spaces. They have requested a reduced setback from the bluff area, 30 feet is required, and the
proposed garage will encroach into that setback. The proposal does not encroach any further than the current
building and will not impact the bluff or setback.
The second setback request would allow the parking area along the south lot line to encroach five feet into the
required 10-foot parking and drive area setback. The parcel immediately to the south was granted the same
approval and would be consistent with that approval. Snow storage is the primary concern with the side -yard
setback in this location. This will require each property owner to work with their contractor and ensure snow
storage does not become an issue going forward.
Finally, the applicant proposes a reduction to the prescribed parking stall dimensions. The proposal reduces the
drive aisle widths along the south side of the existing garage from 24 feet down to 18.4 feet. The angled parking
stall depth is proposed at 18 feet, which is less than the required 23-foot depth. We have reviewed concerns with
the applicant regarding this request — difficulty for residents to move in/out of spaces, maneuvering larger vehicles
through the lots, and access to the garages. Staff has included conditions to address some of these concerns, but
the Commission should thoroughly discuss the proposal.
Applicable Regulation
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described
below. The applicant's responses are noted in italics, while staff s analysis follows.
The variance is:
Is in harmony with the general purpose and intent of the ordinance, and
The property currently has 36 apartment units, and the request is to expand the amount of parking by a total of ten spaces
and that we then be allowed to have 41 apartment units.
The original request had been for up to ten additional parking spaces, accommodating an additional five
residential units. In reviewing the application and working through some of the challenges with the site
plan, the request has now been reduced to eight additional spaces, accommodating four new apartment
units. The proposed use of an apartment is in harmony with the ordinance, but the changes to the parking
space dimensions does present some challenges to the operation of the site — specifically the circulation of
cars and trucks through the lot and in/out of the parking spaces.
With the recommended conditions of approval staff believes the request could be in harmony with the
general purpose and intent of the ordinance.
2. Is consistent with the City of Elk River Comprehensive Plan.
ire are not making a request to change any Zoning. There are an additional 178 units being built next door, so this is an
established multi family area. There is a need for additional housing in the City of Elk River, and this project mould hep
satisfy that need.
The Comprehensive Plan guides the property for Multifamily uses and the proposed requests support an
expansion of the existing multi -family use. The requests will not alter the base use of the parcel as an
apartment (multifamily) use and is consistent with the 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;
ire are requesting to add ten additional parking spaces, and then be allowed to have five additional apartment units. There
are currently three units that consist of two rooms that are currentyrented as one bedroom units because there is a door
connecting the two main rooms in those one bedroom units to each other (these units were once motel rooms that were connected
to each other by a door between them. ile intend to convert at least one of these one bedroom units into two studio units by
closing off the door between the two rooms. Most of the units in the building are studio units like this. The former swimming
poolroom is no longer used as a pool room; we would like to convert this space into at least two and possibly four apartments.
The number of apartments in the pool room (at least two but potentially up to four would depend upon our estimate of the
cost, and nre mould apply for a buildingpermit for this work once our architect finished the plan for it.
The creation of additional parking will support additional residential units in an established multifamily
building. While staff may have concerns with the long-term functionality of the parking configuration, the
included conditions should allow the site to function as designed and under a reasonable conformance
with the zoning 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 configuration of the property is such that there cannot be any parking added to the north, south or east due to that land
being owned by other owners, and parking cannot be added to the west of the current parking because there is a significant
elevation drop and any such added parking would likely be in the FEIVIA defined flood plain. The only otherplace to add
parking on the current land mould be to the east of the old pool room of the building, but this mould necessitate taking down
an attractive tree nrhich adds to the beauty of the entrance to the building. Taking down this tree mould also be visible from
the highnray.
This is a unique site in the city, having previously operated as a hotel and transitioned to an apartment
building there are numerous challenges with the property. The applicant has also acquired the property
from the developer that transitioned the space over to apartments and with that inherited the challenges
the site presents.
5. The variance, if granted, will not alter the essential character of the locality.
Ifgranted, the variance mill allonr 4 l units instead of 36 units. Other than the addition of the garages, which mould not be
visible from the highn ay, it will not be obvious that there has been any change to the building. The property is at the end of a
cul de sac so those changes that are made will not be evident to the general public.
Expansion of the parking area to support additional residential units 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 December 30, 2022, this item will go to the January 17,
2023, City Council meeting.
Mission/Policy/Goal
■ Support the growth and development of the community
Attachments
■ Location Map
■ Applicant's Narrative
■ Site Plans
Elk River Lodge case No:V 22-14
4
Variance ERivei
NARRATIVE REGARDING VARIANCE APPLICATION FOR ELK RIVER LODGE
Crown Residential Properties LLC d/b/a Elk River Lodge is requesting a variance on
the property at 17432 Zane Street NW that would allow an additional five
residential units at the property. This would bring the allowed number of units,
which is currently 36 units, up to 41 units.
The property had a parking variance granted to it in November, 2017, allowing for
the operation of the current facility with 25 covered garage spaces and 46
uncovered surface parking spaces (71 total spaces).
The variance request is that we are allowed to add five covered parking spaces
and five uncovered surface parking spaces as shown in the attached drawing, that
the setback requirements on the additional surface parking be waived, and that
for doing this we are allowed to have five additional apartment units on the
property. We are meeting the requirement of one covered space and one
uncovered space per additional unit; however the variance is necessary because
the previous variance did not meet this standard, and we also need a variance
because the parking lot would be less than ten feet from the property line.
Regarding stormwater mitigation, we believe that the amount of additional runoff
is de minimis in that it is less than one percent of the square footage of the
property. The roof of the new garage would be approximately 1,000 square feet.
The additional blacktop would be approximately 2,300 square feet. That is a total
of 3,300 additional square feet. The lot is 8.21 acres, or 357,628 square feet. The
additional hard surface area is thus less than one percent the size of the lot. At
1.1 inches per square foot of impervious surface this represents less than two
cubic feet of water. This water would drain into the flood plain located directly
west of the building. If necessary, a French drain could be installed near the trash
dumpster which would accommodate this small amount of water.
Below are our required responses to the five bolded criteria the city requires to
be met when applying for a variance:
1) The variance is in harmony with the general purpose and intent of the
ordinance. The property currently has 36 apartment units, and the request
is to expand the amount of parking by a total of ten spaces and that we
then be allowed to have 41 apartment units.
2) The variance is consistent with the City of Elk River comprehensive plan.
We are not making a request to change any zoning. There are an additional
178 units being built next door, so this is an established multi -family area.
There is a need for additional housing in the City of Elk River, and this
project would help satisfy that need.
3) The petitioner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance. We are requesting to add ten
additional parking spaces, and then be allowed to have five additional
apartment units. There are currently three units that consist of two rooms
that are currently rented as one bedroom units because there is a door
connecting the two main rooms in those one bedroom units to each other
(these units were once motel rooms that were connected to each other by
a door between them). We intend to convert at least one of these one
bedroom units into two studio units by closing off the door between the
two rooms. Most of the units in the building are studio units like this. The
former swimming pool room is no longer used as a pool room; we would
like to convert this space into at least two and possibly four apartments.
The number of apartments in the pool room (at least two but potentially up
to four) would depend upon our estimate of the cost, and we would apply
for a building permit for this work once our architect finished the plan for it.
4) The plight of the petitioner is due circumstances unique to the property
not a consequence of the petitioner's own action or inaction. The
configuration of the property is such that there cannot be any parking
added to the north, south or east due to that land being owned by other
owners, and parking cannot be added to the west of the current parking
because there is a significant elevation drop and any such added parking
would likely be in the FEMA defined flood plain. The only other place to
add parking on the current land would be to the east of the old pool room
of the building, but this would necessitate taking down an attractive tree
which adds to the beauty of the entrance to the building. Taking down this
tree would also be visible from the highway.
5) The variance, if granted, will not alter the essential character of the
facility. If granted, the variance will allow 41 units instead of 36 units.
Other than the addition of the garages, which would not be visible from the
highway, it will not be obvious that there has been any change to the
building. The property is at the end of a cul de sac so those changes that
are made will not be evident to the general public.
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