6.7. & 6.8. SR 01-17-2006
Item# 6.7-:6.8.
MEMORANDUM
TO: Mayor and City Council ...
FROM: Scott Harlicker, Senior Planne$'
DATE: January 17, 2006
SUBJECT: VOS-OS and CU 05-28
Request by Hassan 10 I, LLC for an appeal to staff's
interpretation regarding a freestanding sign and Conditional
Use Permit
Request
Consider two requests by Hassan 101, LLC
. An appeal of staffs interpretation regarding a freestanding sign.
. A conditional use permit to operate an equipment rental business.
Attachments
. Staff reports form December 19, 2005 City Council meeting
. Minutes from December 19,2005 City Council meeting
Overview
At the December 19th meeting the Council considered the above requests. After discussing
the requests, Council directed staff to draft a condition making the proposed sign part of the
conditional use permit and a condition addressing the possible closing of Railroad Drive.
These additional conditions are as follows:
Revised Conditions #2
The driveways onto Railroad Drive may remain open on an interim basis. It is contemplated
that the intersection of Railroad Drive and Jackson Avenue may be closed at some point in
the future either for safety reasons or to facilitate redevelopment of the area. Therefore, the
S:\PLANNING\Case Files\2005\CU 05-28 Hassan 101 \CU05-28CCl-17.docHassan 101, LLC / CU 05-28
January 17, 2006 Page 2
city reserves the right to require that the two driveways onto Railroad Drive be closed and
access to the site reoriented to 4th Street upon 12 months written notice from the City.
New Condition #6
The off-premise sign on Outlot A shall be allowed on an interim basis. It is contemplated
that redevelopment of this area may require the acquisition of Outlot A for realignment of
Railroad Drive or other purposes. It is also possible that the City will implement new signage
requirements that would render the off-premise sign inappropriate. Therefore, the City
reserves the right to require that the sign be removed from Outlot A upon 12 months
written notice from the City, and that all signage thereafter be located on the main parcel at
728 Railroad Drive.
Recommendation
Should the Council approve the conditional use permit, the following conditions should
apply:
1. Internal parking and drive aisles shall be paved. The concrete apron located along 4th
Street that shall be removed.
2. The driveways onto Railroad Drive may remain open on an interim basis. It is
contemplated that the intersection of Railroad Drive and J ackson Avenue may be
closed at some point in the future either for safety reasons or to facilitate
redevelopment of the area. Therefore, the city reserves the right to require that the
two driveways onto Railroad Drive be closed and access to the site reoriented to 4th
Street upon 12 months written notice from the City.
3. The exterior of the existing buildings shall be painted to improve their appearance.
The existing fences shall be repaired or replaced were needed.
4. The landscaping plan shall concentrate the landscaping along 4th Street. The
applicant shall be responsible for maintaining the landscaping.
5. A 6' high stockade fence shall be constructed along 4th Street.
6. The off-premise sign on Outlot A shall be allowed on an interim basis. It is
contemplated that redevelopment of this area may require the acquisition of Outlot
A for realignment of Railroad Drive or other purposes. It is also possible that the
City will implement new signage requirements that would render the off-premise sign
inappropriate. Therefore, the City reserves the right to require that the sign be
removed from Outlot A upon 12 months written notice from the City, and that all
signage thereafter be located on the main parcel at 728 Railroad Drive
S:\PLANNING\Case Files\2005\CU 05-28 Hassan 101\CU05-28CCl-17.doc
City Council :Minutes
December 19, 2005
Page 6
REQUIRED BY THE CITY ORDINANCE AND LAND USE
APPLICATION PRIOR TO RECORDING OF THE PLAT.
4. A SEAL COAT FEE SHALL BE PAID, AT THE RATE APPLICABLE AT
THE TIME OF FINAL PLAT APPROVAL, PRIOR TO RELEASING
THE PLAT FOR RECORDING.
5. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF
THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO THE
RELEASING OF THE PLAT FOR RECORDING.
6. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
7. PARK DEDICATION SHALL BE IN THE FORM OF CASH AT THE
RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL.
8. THE DRIVEWAY FROM THE EXISTING HOME SHALL AT LEAST
BE PAVED FROM THE STREET EDGE TO THE RIGHT-OF-WAY
LINE.
MOTION CARRIED 5-0.
7.3. Request by Hassan lO1.11C to Appeal Staff's Interpretation of Section 30.859 of the City's
Land Use Regulations Regarding an Off-Premise Sign. Public Hearing-Case No. V 05-05
7.4. Request by Hassan 101. LLC for a Conditional Use Permit to Allow a Rental Center at 728
Railroad Drive. Public Hearing- Case No. CU 05-28
Mr. Harlicker stated the applicant is requesting a variance to staff's interpretation that a
freestanding pylon sign is not allowed on Outlot A, Hals Addition. Mr. Harlicker explained
that according to the zoning ordinance, the applicant's sign is considered a structure; and a
structure is defmed as a development; and therefore cannot be installed on the outlot as
development is not allowed on an outlot. Mr. Harlicker further explained that the applicant's
sign would not be allowed according to Section 30-859 of the Zoning Code regarding
Prohibited Signs. He stated that Outlot A and an adjacent lot (728 Railroad Drive) are both
owned by the applicant. He further discussed the Board of Adjustment's discussion and
recommendation. He stated the former lumber yard used the outlot for storage, which was a
non-conforming use.
Mayor Klinzing opened the public hearing.
Jim Gooley, representing the applicant-Stated he would like to clean up and improve the
site.
Mayor Klinzing closed the public hearing for the variance request.
Councilmember Farber questioned the purpose of the outlot.
Mr. Maurer stated the outlot was platted by the city and was done to clean up the right of
way and for parking.
City Conncil :Minutes
December 19, 2005
Page 7
Councilmember Dietz stated the applicant will be making improvements to the site and he
didn't want to discourage him away from Elk River.
Councilmember Motin stated he believed the Housing and Redevelopment Authority
(HRA) would not like the sign design. He stated he would like to see the applicants business
at the lumber yard site but the HRA hasn't completed the redevelopment concept for this
area. He stated would like to see a traditional sign design. He would be more inclined to
allow storage on the site.
Councilmember Dietz questioned the signage dimensions and appearance. He stated he
does not have a problem with how it looks as long as it meets the city's requirements. He
stated it wouldn't be fair to limit this applicant's sign design when other businesses in Elk
River have the flashing signs.
Mr. Gooley stated it was designed according to the city's sign requirements.
Mr. Clark stated the sign is not the issue. He stated the outlot is the issue and if approved it
would be a non-conforming parcel.
Commissioner Ropp explained the Planning Commissions split decision on the variance
request.
Mayor Klinzing questioned if the applicant could get a variance on his equipment rental site.
Mr. Beck stated if the applicant is allowed to use the outlot, then the city would have to
allow usage on other outlots. He stated liability concerns.
Mayor Klinzing questioned if this type of use is allowed anywhere else in the city.
Mr. Harlicker stated that some cluster developments have security buildings to their
entrances on outlots.
Councilmember Farber stated he has no issues with the sign being allowed on the outlot but
he would like to see a different looking sign.
Mr. Beck stated if the sign is allowed it should be part of a condition in the conditional use
permit. He suggested making the sign and interim condition. He suggested continuing this
request until staff has time to draft the proper language that will apply to this specific parcel
and not affect other outlots.
Mayor Klinzing stated she envision one sign that would list all the businesses in the area.
Mayor Klinzing opened the public hearing for the conditional use permit.
Jim Gooley, representing the applicant-Stated he has an issue with closing the access point
on Railroad Drive to send his customers to 4th Street.
Mayor Klinzing closed the public hearing.
Mayor Klinzing questioned if a Right In-Right Out off of Railroad Drive could work.
City Council :Minutes
December 19, 2005
Page 8
Mr. Maurer stated there would be no way of enforcement other than signage. He stated
curbing and medians would not be feasible at this time. He stated he saw this as an
opportunity to limit access points on Railroad Drive due to traffic congestion in the area. He
sited other examples where Council has done this in the city and stated it would make a
redevelopment opportunity for Railroad Drive much easier in the future.
Councilmember Farber stated he doesn't want to discourage a new business. He doesn't
want to limit access and believes citizens will use common sense and take the entrance that
will be the easiest depending upon the traffic. He stated if the area is to be redeveloped, then
access issues can be solved then.
Councilmember Dietz stated if access is closed to this business, then it should be done to all
the businesses in a fair manner.
Mr. Maurer suggested if the Railroad Drive entrance is allowed that the 4th Street also be
maintained as an entrance so citizens have an opportunity to enter from both sides.
Mr. Beck stated if the city were to close Railroad Drive as part of a redevelopment project
and for safety concerns, then the access points could be closed and reoriented to 4th Street.
He suggested continuing both items so staff can develop conditions to the conditional use
permit.
The applicant was acceptable to extending the timeframe to January 17, 2006.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO CONTINUE VARIANCE, CASE NO. 05-
05 AND CONDITIONAL USE PERMIT, CASE NO. CU 05-28 TO JANUARY 17,
2006. MOTION CARRIED 5-0.
7.5. Request by Bauerly Bros.. Inc. for Amendment to Conditional Use Permit. Public Hearing-
Case No. CU 05-21
Ms. Haug stated the applicant is requesting a conditional use permit to mine 13-21 feet into
a water table on the Toth property. She stated the Technical Evaluation Panel has
determined that this project would be exempt from compliance of wetland issues. She stated
this site was included in the city's Environmental Impact Statement for Mineral Excavation
in 1994.
Mayor Klinzing opened the public hearing.
John Henry, representing the applicant-Explained testing done at the site.
Mayor Klinzing closed the public hearing.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE
PERMIT, CASE NO. CU 05-21 WITH THE AGREEMENT INCLUDED IN THE
STAFF REPORT. MOTION CARRIED 5-0.
The Council took a ten minute break.
Item #
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Harlicker, Senior Planner
DATE: December 19,2005
SUBJECT: V OS-OS
Request by Hassan 10 I, LLC for Appeal to Staff Determination
for Free-Standing Sign
Request
The applicant is appealing staffs determination that they can not erect a freestanding sign on
Outlot A, Hals Addition
Location
The property is located north of the Burlington Northern railroad tracks and south of the
intersection of Railroad Drive and King Avenue.
Attachments
. Plat of Hals Addition
. Excerpts from the City Ordinance
Overview
Background Information
The applicant has applied for a conditional use permit to convert the vacant lumber yard,
formally the Arrow Building Center, located at 728 Railroad Drive, into an equipment rental
business. In connection with this application the applicant requested that they be allowed to
construct a freestanding pylon sign on Outlot A, Hals Addition. Outlot A is located between
Railroad Drive and the railroad tracks and was previously used by the building center for
outdoor storage. Outlot A will be owned by the applicant but is a separate lot with a separate
Hassan 101, LLC Request
IJecernber 13, 2005
Page 2
PID number. It is physically separated from the main building center property by Railroad
Drive.
Staff Interpretation
Staff is basing the decision that the pylon sign can not be constructed on Oudot A on the
following:
Section 30-1 defines an "Oudot" as a remnant from a subdivision that is not a
developable piece of property unless replatted in accordance with city ordinances.
Section 30-1 defines "development" as the act of building structures or installing site
improvements.
Section 30-1 defines "structures" as anything constructed or erected, the use of
which requires more or less permanent location "On the ground or attachment to
something having a permanent location on the ground.
Based on the above definition of structure, a freestanding sign is considered a structure.
Since a freestanding sign is considered a structure, and a structure is defined as a
development, and an oudot is not developable, the applicant can not erect a freestanding
sign on Oudot A, Hals Addition. Oudot A can not be platted as a lot because it does not
comply with the dimensional requirements of the C3 zoning district.
In addition, Section 30-859 of the Zoning Code "Prohibited Signs" includes off premise
signs, other than billboards. The proposed pylon sign, if erected on Oudot A, would be
considered an off premise sign and is therefore prohibited. The sign could not be considered
a billboard because it would not comply with the applicable requirements that apply to
billboards; the property is not adjacent to the right-of-way for Highway 169.
Based on the above information, it is staffs interpretation that the applicant could not erect
a sign for his rental business on Oudot A.
Board of Adjustment Meeting
Discussion
At the Board of Adjustment meeting held on December 13th, no one spoke at the public
hearing. The applicant explained his reasoning regarding the use of the oudot for a
freestanding sign. He believes that since the parcel had been used as part of the lumber yard
operation for outdoor storage, he should also be able to use it as part of his business
operation. Instead of using it for outdoor storage he would like to use it as a site for his
freestanding sign.
The Board discussed the applicant's line of reasoning regarding the sign and also discussed
the non-conforming use regulations. A non-conforming use can be continued as long as it
S:\PLANNING\Case Files\200s\ V 05-05 Hassan 101, LLC\Appeal CC12-19.doc
Hassan 101, LLC Request
l)ecernber13,200S
Page 3
has not been discontinued for a period of 12 months. After 12 months the use can not be
continued. The applicant did not provide any information relating to when the lumber yard
ceased normal operations.
Board Action
The Board voted 4:3 to support staffs interpretation that a freestanding sign could not be
installed on Outlot A, Hals Addition.
S:\PLANNING\Case Files\200S\ V 05-05 Hassan 101, LLC\Appeal CC12-19.doc
LAND DEVELOPMENT REGULATIONS
Coniferous / evergreen tree means a woody plant
which, at maturity, is at least 30 feet or more in
height, with a single trunk, fully branched to the
ground, having foliage on the outermost portion of
the branches yearround.
Conservation easement means a legal agree-
ment creating an interest in real property created
in a manner to impose limitations or affirmative
obligations regarding the use of property, includ-
ing the retention, protection, and maintenance of
open space.
S 30-1
or other features, attached or functionally related
to a principal use or site and at any point extend-
ing more than 30 inches above ground.
Deflection means the angle between a line and
the prolongation of the preceding line.
Department store means a relatively large store
selling a number of different kinds and types of
goods such as clothes, shoes, hardware, interior
lighting and decoration items, sports equiplp.ent,
furniture, appliances and housewares to retail
customers.
Construction sz'gn means a temporary Sign.~. Dlo ment means the act of building struc-
. d h . hich tr ti. eve 'P
etecte on t e premIses on w cons uc on IS tur . talling site improvements .
akin,' 1 d' h . d f h tru esorIDS .
t gp ace,. unng t e peno 0 suc cons c-
tion, indicating the names of the architects,engi- Directional sign means a sign erected on pri-
neers, landscape architects, contractors or similar vate property for the purpose of directing pedes-
<;lrtisans, and the owners, :futancial supporters, trian or vehicular traffic onto or about the prop-
sponsors, and similar individuals or firms having erty upon which such sign is located, including
a role or interest with respect to the situation or signs marking entrances and exits, circulation
project. direction, parking areas, and pickup and delivery
areas, which does not display advertising copy.
_ Contour map means a map on which irregular-
itiesofland surface are shown by lines connecting
points of .equal elevation. Contour interval is the
vertical height between contour lines.
Copy means the wording on a sign surface in
either permanent or removable letter or picture
form.
Cornice means any horizontal projecting orna-
mental molding that finishes or crowns the top of
a building, wall, arch, etc.
County board means the Sherburne County
Board of Commissioners.
Deciduous overstory shade tree means a woody
plant which, at maturity, is 30 feet or more in
height, with a single trunk unbranched for .sev-
eral feet above the ground, having' a defined
crown, and which loses leaves annually.
Deciduous understory ornamental tree means a
woody plant which, at maturity, is less than 30
feet in height, with a single trunk, unbranched for
several feet above the ground, having a defined
crown, and which loses leaves annually.
Deck means a horizontal, unenclosed platform
with or without attached railings, seats, trellises,
Supp. No.7
. Displaced resident means a resident of an owner-
occupied manufactured home who rents a lot in a
-J manufactured home park, including the members
of the resident's household, as of the date the park
owner submits a closure statement to the city
planning commission.
Display area means the area from the top of the
kickplate to the head of the entrance door.
Drainage course means a watercoUrse or inden-
ture for the drainage of surface water.
Dry cleaning means the process of removing
dirt, grease, paint, spots, stains or any other form
of foreign matter from wearing apparel and/or
household furnishings by any'means other than
wasbbJ.g with soap or detergent and water.
Dry cleaning establishment means an establish-
ment for the mechanical dry cleaning of gar-
ments, articles or goods offabric for re:tail custom-
ers.
Dry cleaning pick-up station means an estab-
lishment where customers drop-off and pick up
garments or articles that are sent to another
location for dry cleaning. Such establishments are
consistent with general retail uses.
CD30:17
S 30-1
having such a topographical nature that surface
or percolating water flows through it from other
areas before reaching a final ponding area.
Nonconforming sign means any sign which
lawfully existed prior to June 18, 1990, the date of
adoption ofthe ordinance from which this chapter
is derived, but does not conform to the require-
ments of article VI, division 5, subdivision II, of
this chapter.
Nonconforming use, as used in article VI, divi-
sion 13, of this chapter, means the use of a
structure or land, or both, lawfully in existence on
the effective dat~ of the ordinance from which
article VI,. division 13, of this chapter is derived
which does not conform to the requirements ap-
plicable thereto contained in article VI, division
13, of this chapter or which does not conform to
provisions of article VI, division 13, of this chap-
ter as subsequently amended.
. Nonconforming use, as used in article VI ofthis
chapter, means the use of a structure or land, or
both, lawfully in existence on September 4, 1980,
which does not conform to the requirementsap~
plicable thereto contained in article VI of this
chapter, or which does not conform to provisions
of article VI of this l:hapter as subsequently
?IDended.
Obstruction means any dam, wall, wharf, em-
bankment, levee, dike, pile, abutment, projectiop.,
excavation, channel modification, culvert, build-
ing, wire, fence, stockpile, refuse, fill, structure,
or matter in, along, a~ross, or projecting into any
channel, watercourse, or regulatory floodplain
which may impede, retard, or change the direc-
tion of the flow of water, either in itself or by
catching or collecting debris carried by such wa-
ter.
Occupancy means the portion of a building or
premises owned, leased, rented, or otherwise oc-
cupied for a given use.
Occupant means any person, including the
owner or operator, living, sleeping, cooking, and
eating in a dwelling unit, or living and sleeping in
a rooming unit.
ELK RIVER CODE
Office / Showroom space means space that is
utilized primarily for the display of products
manufactured. Such space mayor may not be
finished.
On-sale liquor establishment has the meaning
given in chapter 6.
Operate means to charge a rental charge for
the use of a unit in a rental dwelling. '
Operator means the owner or his agent who
has charge, care, control, or management of a
building, or part thereof, in which dwelling units
or rooming units are let.
Ordinary high-water level, as use~ in article
VI, divisions 12 and 13, of this chapter, means the
boundary of public waters and wetlands, and
shall. be an elevation delineating the highest
water level which has been maintained for a
sufficient period of time to leave evidence upon
the landscape, commonly that point where the
natural vegetation changes from predominantly
aquatic to predominantly terrestrial. For water-
courses, the ordinary high-water level is the ele~
vation of the top of the bank of the channel. For
reservoirs and flowages, the ordinary high-water
.,
level is the operating elevation of the normal
summer pool. In areas where the ordinary high-
water level is not evident, setbacks shall be mea-
sured from the stream bank of the following water
bodies that have permanent flow or open water:
the main channel, adjoining side channels, back-
waters, and sloughs.
'* Outlot means a remnant from a subd:i~sion
that is not a developable piece of property unless
replatted in accordance with city ordinances.
Owner, as used in article V of this chapter,
means an individual or legal entity having suffi-
cient legal interest in the land sought to be
subdivided to commence and maintain proceed-
ings to subdivide the land under article V of this
chapter.
Owner, as used in article III of this chapter,
means any person who, alone, jointly, or severally
with others, shall be in actual possession of, or
have charge, care, or control of, any dwelling,
dwelling unit, or rooming unit within the city as
owner, employee, or agent of the owner, or as
CD30:24
LAND DEVELOPMENT REGULATIONS
9 30-1
"road," "boulevard" or any other similar term
describing an entity complying with the require-
ments set forth in this definition.
Street width means the shortest distance
between the lines delineating the right-of-way
of a street.
Stringcourse means an areaJband that is lo-
cated at the second floor line separating the lower
facade from the upper facade. It shall be created
with a reveal and/or change in the brick pattern
(Le. a soldier course). -
$tructural alteration means any change or
addition, other than incidental repairs, to the
supporting members of a building, such as bear-
ing walls, columns, beams, girders or foundations,
which would prolong the building's life.
...y... Structure, as used in article VI of this chapter,
~ means anything constructed or erected, the use of
which reqUires more or less permanent location
- on the ground or attachment to something having
a permanent location on the ground. When a
structure is divided into separate parts by an
unpierced wall, each part shall be deemed a
separate structure.
Subdivider means any person commencing pro-
ceedings under article V of this chapter to effect a
subdivision of land under article V of this chapter
for himself or for another.
Subdivision, as used in article V of this chap-
ter, means the separation of an area, parcel, or
tract of land under single ownership into two or
more parcels, tracts, lots, orlongterm leasehold
interests where the creation of the leasehold
interest necessitates the creation of streets, roads;
or alleys, for residential, commercial, industrial,
or other use or any combination thereof, except
those separations:
(1) _ Where all. resulting parcels, tracts, lots, or
- interests will be 20 acres or larger in size
and 500 feet in width for residential USes
and five acres or larger in size for com-
mercial and, industrial uses.
(2) Creating cemetery lots.
(3) Resulting from court orders, or the adjust-
ment of a lot line by the relocation of a
common boundary.
Supp. No.3
Subdivision, as used in article VI, division 13,
of this chapter, means land that is divided for the __
purpose of sale, rent, or lease, including planned
unit development.
Substandard dwelling means any dwelling
which does not conform to the minimum stan-
dards established by this Code, including section
30-221.
Supplied means paid for, furnished by, pro-
vided by, or under the control of the owner,
operator, or agent of a dwelling.
Tangent means a straight line, also a straight
line projected from the end of a curve, which is
perpendicular to a line in the curve drawn from
the radius point to the end of the curve.
Temporary sign means a sign or advertising
display constructed of cloth, canvas, fabric, ply-
wood or other light material and designed or
intended to be displayed at a site for a short
period of time.
Temporary tent structure means a tent/canopy
structure that is constructed of a- lightweight
~
frame with a canvas, fabric or similar skin that is
designed or intended to be erected at a site as
protection from the elements during a special
occasion/event. The structure must comply with
VL fire retardant requirements.
Therape1,ltic massage means the practice of
rubbing, stroking, kneading, tamping, or rolling
of the body with the hands or any instrument, for
the exclusive purpose of relaxation, physical fit-
ness, or beautification, and for no other purpose,
by a person not licensed as a medical doctor,
chiropractor, osteopath, podiatrist, nurse, or phys-
ical therapist, or an assistant who works solely
under the direction of any of such professionals,
or beauticians ana barbers who confine their
treatments to the scalp, face, and neck.
Therapeutic massage establi,shment means an
establishment in the business of providing thera-
peutic massage services either to the public or as
a private club.
- Toe of the bluff means the lower point of a
50-foot segment with an average slope exceeding
18 percent.
CD30:31
Item #
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Harlicker, Senior Planner
DATE: December 19,2005
SUBJECT: CU 05-28
Request by Hassan 10 I, LLC for Conditional Use Permit
Request
Consider a request by Hassan 101, LLC for a conditional use permit to operate an
equipment rental business.
60-Day Rule
In order to comply with the 60-day requirement, this item needs action by December 30,
2005.
Location
The property is located at 728 Railroad Drive, formally the site of Arrow Building Center.
Zoning/Land Use
C3 (Highway Commercial) / aT (Old Town)
Attachments
. Location Map
. Site Plan
. Memo from the City Engineer
S:\PLANNING\Case Files\2005\CU 05-28 Hassan 101 \CU05-28CC12-19.docHassan 101, liC / CU 05-28
December 19,2005 Page 2
Overview
Background Information
The applicant is proposing to convert a vacant former lumber yard into an equipment rental
facility. The site is 1.55 acres in size and includes three structures. One structure is a brick
office building. The other two structures are cold storage buildings; one is an open lean to
shed, the other is a wood frame storage building. There is a large concrete pad that was
formally the floor of a storage building. The surface of the interior of the site is a mix of
gravel and overgrown weeds.
The buildings are constructed to the property lines; along the property lines not defined by
the buildings are fences. Along the 4th Street property line is a chain link fence, and along the
east property line is a privacy fence.
There are currently four driveways into the site, two from 4th Street and two from Railroad
Drive. Each of the driveways are gated access.
The surrounding land uses include Marties Farm Supply, Elk River Machine, Eagles Club, a
small machine shop, a fire station, two residences, a paint store, and outdoor storage. The
zoning to the north is light industrial and to the south, east and west is highway commercial.
Issues
Access
As noted above there are four driveways that service this site. Because of congestion
problems at the intersection of Railroad Drive and J ackson Avenue, the two driveways from
Railroad drive should be closed to customer traffic. The main entrance and exit into the site
should be from 4th street. The front entrance to the office is along Railroad Drive. There is
some on street parking available along Railroad Drive for customers that are visiting the
office. The City Engineer's memo includes comments regarding access.
Internal parking and drive aisles should be paved. There is a concrete apron located along 4th
Street that should be removed.
Aesthetics
The applicant will be painting the exterior of the existing buildings to improve their
appearance. The existing fences will be repaired or replaced were needed. Most of the
equipment and items that are for rent will be located inside one of the two storage buildings.
There will be some equipment that will not fit inside the b:uildings that will be stored outside.
Landscaping
Since the buildings are constructed to the property lines, there is limited room along the
perimeter of the site to plant landscaping. The Landscape Ordinance requires 25 trees for
S:\pLANNING\Case Files\2005\CU 05-28 Hassan 101\CU05-28CC12-19.doc
S:\PLANNING\Case Files\2005\CU 05-28 Hassan 101 \CU05-28CC12-19.docHassan 101, LLC / CU 05-28
December 19,2005 Page 3
this site. The applicant will be allowed to plant landscaping in the city right-of-way along.
The landscaping should be concentrated along 4th Street. Concentrating the landscaping
along 4th Street will provide screening for the storage area. The trees will be oversized to
reduce the number of trees required. A 6' high stockade fence will also be installed along 4th
street. Bushes will be planted along the front of the building on Railroad Drive.
Signage
The applicant is proposing three wall signs, two facing Railroad Drive and one facing King
Avenue. The wall signs comply with the sign ordinance. The applicant is also proposing a
freestanding sign on property on the south side of Railroad Drive. The applicant is appealing
staffs interpretation that the freestanding sign is not allowed. That appeal is the subject of a
separate item before the Board of Adjustment.
Standards for Issuance of a Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed
location:
1. Will not endanger, if!Jure or detrimentallY affect the use and eryqyment of other propertY in the
immediate vicinity or the public health, sqfety, morals, comfort, convenience or general we(fare of the
neighborhood or the city.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderlY development and improvement of surrounding vacant
propertY.
4. Will be seroed adequatelY l:ry and will not adverselY qifect essential public facilities and seroices
including streets, police and fire protection, drainage, rifuse disposal, water and sewer !)Istems, parks
and schools; and will not, in particular, create traffic congestion or inteiference with trqffic on
acfjacent and neighboring public thoroughfares.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will
be detrimental to a'!Y persons or propertY because of excessive trqffic, noise, smoke, fumes, glare,
odors, dust or vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mqJor
importance.
7. Will fullY complY with all other requirements of this Code, including a'!Y applicable requirements
and standards for the issuance of a license or permit to establish and operate the proposed use in the
city.
If denial of such a permit should occur, it shall accompany recommendations or
determinations by findings or a report stating how the proposed use does not comply with
the standards set forth in Section 30-654.
Planning Commission Meeting
At the Planning Commission meeting held on December 13th, no one spoke at the public
hearing. The applicant explained his reluctance to be responsible for maintaining the
landscaping in the city right-of-way because they could not install irrigation. An alternative to
S:\pLANNING\Case Files\2005\CU 05-28 Hassan 101\CU05-28CC12-19.doc
S:\pLANNING\Case Files\2005\CU 05-28 Hassan 101 \CU05-28CC12-19.docHassan 101, LLC / CU 05-28
December 19, 2005 Page 4
that would be to move the fence so that it is 10 feet off the property line, giving the
applicant space to plant the landscaping on his property.
The applicant also explained his reluctance to close the main driveway from Railroad Drive.
The main building and site plan are situated so that the front is oriented towards Railroad
Drive. By making customer traffic enter the site from 4th Street, the customer is forced to
drive through the storage area to get to the main building and it would be difficult to find
the business.
The City Engineer reviewed his memo and the reasoning behind the condition that the
Railroad Drive driveway be closed to customer traffic.
The Commission's was focused on the Railroad Drive access. Several Commissioners felt
that the applicant was being penalized for existing congestion that was not his fault. Others
felt the overriding need was to provide relief to the Railroad Drive/Jackson Avenue
intersection and this was an opportunity to accomplish this. The commission voted 6:1 to
recommend approval of the conditional use permit
Recommendation
The Planning Commission and staff recommend that the Council approve the conditional
use permit for an equipment rental business based on the finding that it complies with the
standards found in Section 30-654 and with the conditions listed below. Following the
Planning Commission meeting, in order to address the Commission's concern about
screening, staff added condition number 4.
1. Internal parking and drive aisles shall be paved. 'The concrete apron located along 4th
Street that shall be removed.
2. The two driveways from Railroad drive shall be closed to customer traffic. The main
entrance and exit into the site shall be from 4th street.
3. The exterior of the existing buildings shall be painted to improve their appearance.
The existing fences shall be repaired or replaced were needed.
4. The landscaping plan shall concentrate the landscaping along 4th Street. The
applicant shall be responsible for maintaining the landscaping.
5. A 6' high stockade fence shall be constructed along 4th Street.
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Case Number: CU 05-28 HASSAN 10 I, LLC
13065 Orono Parkway
Elk River, MN 55330
November 28, 2005
File: 226-108P
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River MN 55330
RE: GRAND RENTAL STATION SITE PLAN REVIEW
Dear Mr. Harlicker:
I have reviewed the proposed site plan to convert the former lumber yard between Railroad
Drive and 4th Street west of J ackson Avenue into an equipment rental facility, known as
Grand Rental Station. The only comment I have front an engineering perspective is I
believe it would be better to set up the interior operation so that all customer traffic would
enter and exit the facility off 4th Street rather than Railroad Drive. Currently, the site plan
appears to have customers enter off Railroad Drive and exit the site on 4th Street. With the
proximity of Railroad Drive to TH lOon J ackson Avenue, this could cause periodic traffic
concerns as northbound vehicles on J ackson Avenue stop just north of the railroad tracks in
order to make a left turn onto Railroad Drive to access the Grand Rental Station. As you are
aware, at peak traffic times during the day, traffic backs up past Railroad Drive on Jackson
Avenue.
Other than this external traffic concern, I see no problems with the proposal for the Grand
Rental Station. If you have any questions, please call.
Sincerely,
~ .
T~
City Engineer
Phone: 763.635.1000
Fax: 763.635.1090
. . S:\PLANNThfG\Case Files\2005\CU 05-28 Hassan 101\1128 05 engr's memo.doc
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