4.1. PCSR 12-20-2022Request for Action
To Item Number
Planning Commission 4.1
Agenda Section Meeting Date Prepared by
Public Hearings December 20, 2022 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 22-02
Action Requested
Recommend, by motion, approval of the Interim Use Permit with
the following conditions:
1. The Interim Use shall terminate March 16, 2026 (3 years
from the termination date of IU 20-01) 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.
5. The applicant shall provide documentation each tenant
received a letter indicating the Interim Use Permit will
expire on March 16, 2026, and the structure will be
converted back to a single-family residential district.
Background/Discussion
The property is zoned R1-c single-family residential where multi-
family residential structures are not an allowed use. The City
Council approved an Interim Use Permit (IUP) for this property
on March 16, 2020, for a multi-family residential use, supporting
the use in a single-family zoning district.
The structure was built in 1976 as a single-family home in a single-family district but has been converted
to a three-unit multi-family structure for some time. The applicant is requesting an extension to their IUP
to continue utilizing the single-family home as a three-unit multiple family building. The request is for
another period of 3 years (36 months) or until he no longer owns the property, whichever occurs first.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
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. The city is not aware of
any concerns or issues that have occurred since the original IUP was granted and most of the same
tenants continue to reside there.
2. There is adequate assurance that the property will be left in suitable condition after the use is terminated.
With the condition of the structure being returned to a single-family home prior to sale or when
the IUP terminates, the use will be left in a condition suitable for a single-family home.
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. The proposed IUP,
while multiple family, is a residential use.
4. The date or event that will terminate the use can be identified with certainty.
The applicant is requesting the IUP terminate at 3 years, 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. With the condition of converting it to a
single-family structure, 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.
The use should not impose additional costs with the recommended deposit.
6. The applicant and user agree to all conditions that the city council deems appropriate for authorization of the
interim use.
Staff is recommending the same conditions the council approved in 2020.
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 3 years 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.
Since the approval of the original IUP, there has not been any record of adverse effects with the
property.
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
Attachments
Location Map
Applicant’s Narrative
13500 Grove Dr. | Unit 1418 | Maple Grove MN 55311 | Office: 612.703.7730
November 24, 2022
This is the request for Renewal or extension of the approved current INTERIM USE PERMIT Case No. IU 20-01 for
additional term.
The property located at 732 Vernon Ave NW Elk River has been used as a multi-family dwelling since March 2020 with
approved current INTERIM USE PERMIT Case No. IU 20-01 with most of the tenants currently residing since the time of
approval. Disruption of the current use may negatively impact our current tenants and their family.
I am pleased to admit that during our ownership of this property and through the time of current permitted use, the
property and our tenants have fully complied with local rules and regulations of the city, with minimal to none Police
calls, and no criminal activates that could negatively impact the neighborhood. The property has been well maintained
by our management and with the help of the tenants and to avoid the distractive visual appearance and to preserve
overall neighborhood value.
We strictly regulate Lease provisions and currently have well-behaved Tenants that care and show an effort to help us
maintain the property form inside and out. We conduct frequent property inspections to make sure all ground rules of
the Lease are followed, and there are no suspicious activities are taking place at the property.
Please kindly consider my request to extend the current INTERIM USE PERMIT for an additional term.
Property Description:
The property sits on a 0.75-acre parcel and offers approximately 4,500 combined square feet of livable space that
meets the building codes with divided three separate Units. The current modification of the property is very similar to
the Townhouse category with separate entrances.
Unit-1 offers 3 bedrooms, Living room, 1 bathroom, kitchen, and in-unit laundry
Unit-2 offers: 1 bedroom, Living room, Dining room, 1 bathroom, kitchen and in-unit laundry
Unit-3 offers: 3 bedrooms, Living room, Dining room, 1 bathroom, Kitchen and in-unit laundry
The Large backyard offers shared an outdoor common area for tenants' use.
Concrete Driveway is capable of accommodating parking for up to six vehicles
Property legal description
THAT PART OF LOT 20, AUDITOR'S SUBDIVISION NO. 3, CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA,
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 18, SAID AUDITOR'S
SUBDIVISION NO. 3; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 20 FOR A DISTANCE OF 370.7
FEET; THENCE ANGLE RIGHT 116 DEGREES 16 MINUTES 30 SECONDS SOUTHWESTERLY FOR A DISTANCE OF
339.45 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES WITH SAID LAST NAMED COURSE AND PARALLEL
WITH THE NORTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 10 FOR A DISTANCE OF 100 FEET; THENCE
NORTHEASTERLY TO A POINT ON A LINE PARALLEL WITH AND L6.5 FEET SOUTH OF THE NORTH LINE OF SAID
LOT 20, WHICH POINT IS 240 FEET WEST OF THE EAST LINE THEREOF; THENCE RETURN ALONG THE LAST
Sincerely,
Zafar K. Khamdamov
Director of Operations
Sogdiana LLC
612.703.7730
tzk.corp@gmail.com