Board of Adjustments Packet - May 28, 2024
Board of Adjustments
Regular Meeting
Agenda
Tuesday, May 28, 2024
6:30 PM
Elk River City Hall
▪ Regular meeting in Council Chambers
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. CONSIDER AGENDA
4. CONSIDER MINUTES
4.1 Board of Adjustments - April 23, 2024
5. PUBLIC HEARINGS
An opportunity for the public to express their opinions and raise questions pertaining to the agenda item. All comments
become part of the official public record. For this reason, all comments must be made at the podium so they can be heard
and recorded. Comments may also be provided in writing. There will not be deliberations, discussions, or answers to
questions until the hearing is closed. It is important to be courteous and allow each presenter to comment before adding
additional testimony.
5.1 Variance: Wetland Setback, PID 75-00513-0320 - Laura Elkington
5.2 Variance: Required Apartment Parking, PID 75-00011-1204 - Duffy Development
5.3 Variances: Driveway Setback & Number of Trees, 17994 Zane Street NW- Les Schwab Tire
Center
6. MOTION TO ADJOURN REGULAR MEETING
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DRAFTMeeting of the Board of Adjustments
Held at the Elk River City Hall
Tuesday, April 23, 2024
Members Present: Chair Perry Beise, Commissioner Tony Mauren, Commissioner Eric Johnson,
Commissioner Robert Rydberg, Commissioner Dennis Booth
Members Absent: Commissioner Jill Larson-Vito
Staff Present: Community Development Director Zack Carlton, Senior Planner Chris
Leeseberg, and Sr. Administrative Assistant/Recording Secretary Jennifer Green
1.CALL MEETING TO ORDER
Pursuant to due call and notice thereof, the meeting was called to order at 06:30 PM by Chair Beise.
2.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
3.CONSIDER AGENDA
Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the
April 23, 2024, Board of Adjustments Agenda. Motion carried 5-0.
4.CONSIDER MINUTES
Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the
Consent Agenda items listed below. Motion carried 5-0.
4.1 Board of Adjustments Minutes March 26, 2024
5.PUBLIC HEARINGS
5.1 Variance Request: Ivan Foxcroft - 20055 Polk Street NW
Mr. Leeseberg presented the staff report.
Commissioner Johnson asked what garage dimensions the applicant was allowed without requiring a
variance.
Mr. Leeseberg indicated the largest addition the applicant could construct was 25' x 20'.
Chair Beise opened the public hearing.
Ivan Foxcroft, 20055 Polk Street NW (applicant), explained the reasons behind his request, noting he
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DRAFT
Board of Adjustments Minutes
April 23, 2024
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Page 2 of 3
had a family and liked to work on vintage motorcycles. He stated he wanted to stay in the home and
liked the neighborhood, noting the addition would be constructed to be visually appealing in the
neighborhood. He stated his current garage depth didn't support parking a pickup truck unless parked
at an angle. He appreciated the board's review of his request.
Commissioner Mauren asked the applicant and Mr. Foxcrost confirmed the motorcycle repair was just
a hobby, not a business.
Commissioner Rydberg asked Mr. Foxcroft if he could reduce the garage to a 25' x 20' addition, noting
concerns with setting a precedence in the neighborhood.
Mr. Foxcroft stated the depth of the garage was the issue and would like to park other vehicle's in the
garage, thinking about the future family drivers, and wanted to maximize the space.
There being no one else to speak, Chair Beise closed the public hearing.
Commissioner Booth stated he would not support the request.
Commissioner Mauren agreed and stated his same concerns as Commissioner Rydberg in setting a
precedence in the neighborhood. He also felt concerned about current supportive neighbors moving
out of the neighborhood and a new neighbor considering purchasing a house with a garage of this size.
Commissioner Rydberg stated he was also considering the size of the encroachment into the setbacks.
Commissioner Johnson felt the allowed addition would have three garage doors across the front of the
house and alter the character of the locale more than the proposed garage design. He appreciated the
design of this proposed garage as he felt along with the neighbors being in support of the design.
Commissioner Mauren asked about a future use of the garage.
Mr. Leeseberg stated the commission considers approval of a setback number and not a future use of
the space.
Moved by Commissioner Johnson and seconded by Commissioner Mauren to approve the
front and side yard setback variance request by Ivan Foxcroft as outlined in the staff
report. The motion failed 2-3 with Chair Beise and Commissioners Rydberg and Booth
opposing.
Moved by Commissioner Rydberg and seconded by Commissioner Booth to deny the front
and side yard setback variance by Ivan Foxcroft. The motion carried 3-2 with
Commissioner Johnson and Commissioner Mauren opposing.
6. MOTION TO ADJOURN REGULAR MEETING
Moved by Commissioner Rydberg and seconded by Commissioner Booth to adjourn the
Board of Adjustments meeting. Motion carried 5-0.
The meeting adjourned at 06:51 p.m.
Minutes prepared by Jennifer Green.
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DRAFT
Board of Adjustments Minutes
April 23, 2024
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Page 3 of 3
___________________
Perry Beise, Chair
___________________
Tina Allard, City Clerk
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The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
Board of Adjustments
Item Number
5.1
Meeting Date
May 28, 2024
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Variance: Wetland Setback, PID 75-00513-0320 -
Laura Elkington
Reviewed by:
Zack Carlton
Action Requested
Approve, by motion, a variance reducing the driveway setback from the edge of a delineated wetland as:
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 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.
5. The variance will not alter the essential character of the locality.
and;
with the following conditions:
1. Documentation that primary and secondary septic areas can be supported shall be provided prior to
the variance being recorded.
2. Construction shall meet all other standards of the ordinance (vegetation maintenance, grading, etc.).
Background/Discussion
The applicant, Laura Elkington, has requested a reduced wetland setback to accommodate a driveway that will
support access to the buildable portion of her parcel. The parcel has a significant amount of wetland, limiting
the buildable area, and has remained undeveloped since being platted in 1985.
The parcel is approximately 4.56 acres and about ½ -¾ acres of buildable area are located near the middle of
the parcel. The proposed driveway will create minimal disturbance within the setback area. As there is only
about ½ -¾ acres of buildable area, staff recommends including a condition requiring documentation that
primary and secondary septic areas can be supported on the site.
Environmental
Per the MN Wetland Conservation District Notice of Decision dated May 7, 2024, the proposed wetland
impacts for the proposed driveway alignment are approved. This approval is only valid for 5 years unless an
extension is requested within 30 days of expiration. No additional wetland impacts will be approved without
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going through the MN Wetland Conservation Act permitting process.
Applicable Regulation
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 intent of the wetland setback and buffer ordinance is to limit runoff pollution within wetlands and
stormwater basins. The proposed driveway will have minimal impact on the setback area and much of the
runoff will have the opportunity to run through a vegetated area prior to entering the wetland.
With the recommended conditions, the variance 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 single-family uses and encourages responsible development
as it relates to environmental features. The request will not alter the use of the parcel, nor will it have a
significant effect on the adjacent wetland. The variance request 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;
The driveway impact is a reasonable use of the property 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 was platted in 1985 and our wetland setback and buffer ordinances were adopted in 2006. The
original layout of the subdivision did not account for the wetlands in the same way that would be required of
a subdivision today. The proposed use of the property is consistent with the original intent and the request
itself is not a consequence of the petitioner’s own action or inaction.
5. The variance, if granted, will not alter the essential character of the locality.
Development of an undeveloped residential lot could alter the essential character of the locality, but the
proposal is consistent with nearby parcels and is consistent with the intent of city plans and codes. The
variance will not alter the essential character of a locality designated as single-family residential.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community
Attachments
1. Location Map
2. Applicant's Narrative
3. Driveway Survey
4. Staff Exhibit
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Page 7 of 29
V 24-05 Narrative
I am applying for a variance for the existing driveway to extend through a portion of the wetlands which has been
approved through the Wetlands Application Process via Nikki McDermond-Spies, Hakanson Anderson and with
the assistance of Rebecca Haug. This document states the driveway falls within the wetland requirements. This
driveway is needed so potential buyers will be allowed to access property and build a home as it is the only area
appropriate to do this project without impacting the wetlands.
A variance may be granted by the board only if it finds that:
The variance is in harmony with the general purpose and intent of the ordinance
Yes, the variance would fall within the general purpose and intent of the ordinance.
The variance is consistent with the City of Elk River Comprehensive Plan (discuss with
city staff in needed)
Yes, the variance would be consistent with the City of Elk River.
Variances may be granted when the petitioner establishes that there are practical
difficulties in complying with the zoning ordinance. Practical difficulties means that:
The petitioner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance
Yes, the petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance.
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
The plight of this request is due to the impact of the extended driveway impacting a portion of wetlands that but was
approved and fell within guidelines and requirements of the Wetland Impact report and documents. (Attached)
The variance, if granted, will not alter the essential character of the locality
No, This variance should not alter the essential character of the locality.
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The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
Board of Adjustments
Item Number
5.2
Meeting Date
May 28, 2024
Prepared By
Zack Carlton, Community Development Director
Item Description
Variance: Required Apartment Parking, PID 75-
00011-1204 - Duffy Development
Reviewed by:
Chris Leeseberg
Action Requested
Approve, by motion, a variance approving a reduction in the number of required parking stalls, a reduction to
either 1.5:1 or 2:1:
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 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.
5. The variance will not alter the essential character of the locality.
and;
with the following conditions:
1. The approval of the variance does not constitute final approval of the layout, building plans, or
proposed use. The applicant must submit additional applications for all required land use, zoning, and
building permit requirements.
2. Final site plans must include turning radii for fire trucks, garbage trucks, and delivery vehicles.
3. The city must approve a proof of parking agreement and it must be signed and recorded by the
developer prior to issuance of a building permit.
Background/Discussion
The applicant, Duffy Development, has requested a parking variance to support their proposed 60-unit
affordable senior housing project. The project is located on a vacant site adjacent to a previous project
developed by the applicant, Coachman Ridge, and the parking lot for the Northstar commuter rail service.
The requested parking variance reduces the number of covered parking stalls from required 60 (one per
dwelling unit) down to 40, and the total parking requirement from 150 (2.5 stalls per dwelling unit) down to
90. The submitted site plan includes proof of parking that would construct a total of 120 stalls or 2 stalls per
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dwelling unit. Senior housing generally includes smaller units and fewer 2-to-3-bedroom units. The smaller
apartment units also result in a smaller building footprint, which does not allow enough space for below
ground parking.
In addition to the typical justifications stated for a parking variance, the applicant has also noted that an
approved variance will improve the competitiveness of their funding application to Minnesota Housing. A
parking variance would reduce the cost of the development and allows the developer to claim points in the
funding applications as “other contributions” from the city.
Consideration of the variance by the Board of Adjustments does not impact the required land use and zoning
requirements that this project will also require. The applicant is seeking the variance ahead of those
applications in an effort to receive financial support from the state and to support additional financial
investment.
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:
1. Is in harmony with the general purpose and intent of the ordinance, and
Duffy Development owns and manages over 20 properties and more than 1000 units in the Minneapolis metro area,
including 2 in Elk River (Coachman Ridge and the Depot). Most of our portfolio is geared towards family and offers a
2:1 parking ratio. We believe that the demographics of our existing portfolio has a greater need for parking than a
senior development would. Because the 2:1 parking ratio at our other properties has been successful, we feel a 1.5:1
parking ratio would be more than sufficient to meet the parking needs of senior residents and their guests.
The city has generally supported a reduction to the parking requirements for apartment projects from the
ordinance requirement of 2.5:1 down to 2:1. The approvals have also required the developer to include
covered parking at a 1:1 ratio, as is required under the city code. The applicant proposes a total of 40
covered stalls for the 60-unit building, and 50 surface stalls. The plan also includes 33 proof of parking stalls.
The current request provides parking at a ration of 1.5 stalls per residential unit and is 20 stalls short of the
ordinance requirement for covered stalls. The board should consider the request but could require the
developer to construct the proof of parking to establish a parking ratio of 2:1. The two scenarios require a
variance, but 2:1 has been typical for these types of projects. The proposed use as a senior facility with just
over half of the units shown as one-bedroom or studios typically would not require the same parking demand
as a typical apartment project.
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.
The Comprehensive Plan identifies a need for more affordable senior housing. Granting this variance will make it more
likely that we are able to obtain the necessary financing for building this development.
In addition to the goals for additional, and affordable, senior housing, the Comprehensive Plan guides the site
for multifamily residential uses.
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
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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;
This property will be used for developing an affordable senior housing project.
The proposed use as an affordable senior housing project is reasonable, and it is also reasonable to assume
the parking demands for such a use will be less than what the ordinance currently requires.
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 funding we are attempting to obtain is driven by a very competitive application process from Minnesota Housing.
The scoring of that application is driven by several categories. One such category is "Other Contributions", which aims
to find ways to reduce the cost of the development and allows the agency to use their resources more efficiently. The
approval of this variance would both reduce the cost of the project and make it more viable, but would also make the
funding application more competitive.
The funding plight is unique, and is not a result of the petitioners' own action or inaction. Regarding the
parking numbers, the building design does not support a full 1:1 covered parking ratio, and the topography of
the site does make a larger surface lot challenging.
5. The variance, if granted, will not alter the essential character of the locality.
Based on our experience, we do not think granting this variance would create parking issues in this neighborhood.
Many of the surrounding parcels have been developed as apartments and have been approved for parking
reduction. The parking variance would not alter the essential character of the locality.
Financial Impact
None
Mission/Policy/Goal
Responsibly grow.
Support the growth and development of the community.
Meet changing needs - agile.
Attachments
1. Location Map
2. Applicant's Narrative
3. Site Layout and Parking Exhibit
Page 13 of 29
Case No: V 24-06
Variance
Duffy Development
SITE
Page 14 of 29
V 24-06 Narrative
The narrative is your opportunity to describe, promote, and sell your proposal to the Board
of Adjustment and City Council (if needed) and should explain your request in detail and
how the five criteria are met in order to be granted a variance.
I am writing to provide a comprehensive explanation regarding our request for a parking variance
for the proposed 60-unit affordable senior project. As we prepare to submit our application for
funding from Minnesota Housing this summer, it is essential to articulate the necessity of this
variance and how it directly contributes to the feasibility and competitiveness of our project.
Our project aims to address the critical need for affordable housing options for seniors in our
community. However, complying with the existing code, which requires 2.5 stalls per unit and 1
covered stall per unit, presents significant challenges that could potentially jeopardize the viability of
the development.
The primary reason for requesting the parking variance is rooted in the limitations imposed by the
current code. Requiring 1 covered stall per unit would necessitate an underground garage larger than
the building footprint, significantly increasing construction costs and rendering the project
financially unfeasible. We are proposing 44 covered stalls and 76 surface stalls for a total of 120
parking spaces for the 60 units.
By requesting a variance to reduce the parking ratio to 2 stalls per unit and provide 44 covered stalls
in total, we aim to strike a balance between compliance and practicality. This adjustment not only
aligns with the needs of our target demographic but also ensures that the project remains
economically viable.
Furthermore, obtaining approval for the parking variance would enhance the competitiveness of our
funding application to Minnesota Housing. Granting a parking variance that would reduce the cost
of the development would allow us to claim points in the applications "Other Contributions"
category.
It is crucial to emphasize that the proposed parking variance does not compromise safety,
accessibility, or the overall functionality of the development. We remain committed to adhering to
all relevant regulations and standards while also prioritizing the needs of our future residents.
In conclusion, the approval of the parking variance is essential for advancing our mission of
providing affordable housing for seniors. It directly contributes to the financial feasibility and
competitiveness of our project, ultimately enabling us to better serve our community.
Thank you for considering our request. We are available to provide any additional information or
clarification you may require and look forward to the opportunity to collaborate on this important
initiative.
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A variance may be granted by the board only if it finds that:
The variance is in harmony with the general purpose and intent of the ordinance
Duffy Development owns and manages over 20 properties and more than 1000 units in the Minneapolis metro area
including 2 in Elk River (Coachman Ridge and the Depot). Most of our portfolio is geared towards family and offers
a 2:1 parking ratio. We believe that the demographics of our existing portfolio has a greater need for parking than a
senior development would. Because the 2:1 parking ratio at our other properties has been successful, we feel a 2:1
parking ratio would be more than sufficient to meet the parking needs for senior residents and their guests.
The variance is consistent with the City of Elk River Comprehensive Plan (discuss with city staff in
needed)
The Comprehensive Plan identifies a need for more affordable senior housing. Granting this variance will make it more
likely that we are able to obtain the necessary financing for building this development.
Variances may be granted when the petitioner establishes that there are practical difficulties
in complying with the zoning ordinance. Practical difficulties means that:
The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance
This property will be used for developing an affordable senior housing project.
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
The funding we are attempting to obtain is driven by a very competitive application process from Minnesota Housing.
The scoring of that application is driven by several categories. One such category is "Other Contributions" which aims
to find ways to reduce the cost of the development and allows the agency to use their resources more efficiently. The
approval of this variance would both reduce the cost of the project and make it more viable, but would also make the
funding application more competitive.
The variance, if granted, will not alter the essential character of the locality
Based on our experience, we do not think granting this variance would create parking issues in this neighborhood.
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The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
Board of Adjustments
Item Number
5.3
Meeting Date
May 28, 2024
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Variances: Driveway Setback & Number of Trees,
17994 Zane Street NW- Les Schwab Tire Center
Reviewed by:
Zack Carlton
Action Requested
Staff is seeking two motions, one for each variance request.
Approve, by motion, a variance approving a reduced driveway setback as:
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 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.
5. The variance will not alter the essential character of the locality.
and;
Approve, by motion, a variance approving reduced landscaping requirements as:
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 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.
5. The variance will not alter the essential character of the locality.
Background/Discussion
The applicant is requesting two variances, one for the driveway setback and a second to reduce landscaping
requirements (number of trees). The ordinance requires that driveways be setback 10 feet from the side
property lines. The applicant is proposing a setback of 0.5 feet (6”) from the side property line. .
The only access to the property comes from an approximately 40-foot-wide frontage along Zane Street. The
proposed driveway width ensures that emergency vehicles and delivery tractor trailers can access the
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property off Zane Street efficiently and safely within the property boundaries.
The landscaping requirements in the ordinance require 32 trees to be planted on the subject site. Due to a
large easement, the applicant is proposing 14 trees. The 75-foot-wide transmission line easement located
along the entire west side of the property, significantly limits the ability to plant trees in this location. Elk River
Municipal Utilities also requires an easement along the east property line for long-term maintenance of public
utilities. With the remaining available property, only 14 trees can be planted.
Applicable Regulations
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
Driveway - The purpose and intent of the driveway setbacks is to provide adequate room for landscaping,
stormwater, and snow storage. The adjacent parcel is currently being utilized for a billboard and should not
be affected by the reduced setback.
Landscaping – The purpose and intent of the number of trees requirement is to establish/reestablish tree
counts for sustainable urban development, helping with air quality, shade and cooling, and visual appeal.
1. Is consistent with the City of Elk River Comprehensive Plan.
The property is guided for Highway Business uses. The highway business category primarily consists of a mix
of auto-oriented retail and service businesses, restaurants, and community and regional-scale shopping
centers. Highway business uses are located along Highway 169 and Highway 10 and have high visibility from
these corridors. The use is consistent with the Comprehensive Plan.
Both variances are 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 mean that:
1. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;
Driveway - The driveway setback encroachment is a reasonable use of the property as it should not affect the
neighboring property and provides efficient and safe access within the property boundaries.
Landscaping – The applicant is proposing the maximum number of trees the site can support, which is
reasonable.
1. 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 plights (limited frontage and easements) for both the driveway and landscaping are not a consequence of
the petitioner's own action or inaction. The city approved the plat with these restraints.
1. The variance, if granted, will not alter the essential character of the locality.
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Driveway - The driveway setback variance will not alter the essential character of the locality. Several other
properties in the development have shared access, creating zero setbacks.
Landscaping – While the total number of required trees will be less, this will not be distinguishable in the area.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community.
Attachments
1. Location Map
2. Narrative
3. Driveway Exhibit
4. Landscape Exhibit
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cushingterrell.com
April 29, 2024
Chris Leeseberg, Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Re: Variance Request
Les Schwab Tire Center located at 17994 Zane Street SW, Elk River, MN 55330
Dear Mr. Leeseberg ,
We are pleased to submit a variance request and administrative relief for a new Les Schwab Tire Center
proposed at 1799 Zane Street SW in Elk River . The project scope includes construction of a new building and
the associated site improvements required with new commercial development. The following information is
collected and presented for review as responses to the five variance criteria listed in code.
PROJECT DESCRIPTION
The overall project consists of the construction of a 10,599 SF retail and service center building. The building
is a linear prototype store and includes a retail showroom, pull though service canopy for large ve hicles &
trucks, 7-service bays, tire warehouse, and mezzanine storage. The building construction consists of concrete
slab on grade, Precast exterior walls, steel roof framing with metal decking, and single -ply roofing. The
height of the canopy is propose d to be 23 ft and will complement the 30 ft building height. The entire
project is proposed to be constructed in a single phase.
The property is located off Zane Street, adjacent to the Tractor Supply retail store, a Home Depot and other
retail and restaur ant establishments. The property is located within the Urban Service boundary, zoned
Highway Commercial (C3) and is guided by the Highway Business land use category and the Highway 10/169
Commercial Economic Development Character Area as defined in the 2021 City of Elk River Comprehensive
Plan Update.
VARIANCES REQUESTED
1. Section 30-895 Driveway Setback 10 feet from property line
2. Section 30-934(a) Minimum Landscape requirements The number of trees on the lot, tract, or parcel
shall not be less than three plus the perimeter of the described area as measured in feet divided by
40.
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2
cushingterrell.com
VARIANCE #1 SECTION 30 -895 DRIVEWAY SETBACK 10 FEET FROM PROPERTY LINE
The proposed site design relies on a 35.84 ft driveway desig n, within a platted 38.8 foot frontage width, that
is located 0.5 ft to back of curb from the property line on the north side of the driveway to allow for
emergency vehicle and delivery vehicle access . There is no parallels parcel line on the south side of the
driveway.
Approval Criteria: The variance is in harmony with the general purpose and intent of the ordinance.
The purpose of the driveway setback it to provide a safe and reliable property access without impacting
neighboring properties and to provide area for utility placement and adequate snow storage . The proposed
driveway location and driveway width ensures that emergency vehicles and delivery tractor trailers (WB -67)
can access the property off Zane Street efficiently and safely within the property boundaries . Vehicles turning
in and out of the proposed driveway have adequate space to access the driveway using industry turning radii
standards . Further, the proposed property access location does not impact the existing property access to
the north or prohibit efficient utility installation or adequate snow storage on the adjacent property. Utilities
will be provided to the subject property in a manner compliant with design standards and snow storage will
be accommodated entirely on site .
Approval Criteria: The variance is consistent with the City of Elk River comprehensive plan.
The approval of the d riveway setback variance and the proposed driveway width will facilitate site conditions
necessary for Les Schwab Tire Center to conduct normal business operations in an area of town planned for
commercial activity. The property is located within the Urban Service boundary, zoned Highway Commercial
(C3) and is guided by the Highway Business land use category and the Highway 10/169 Commercial
Economic Development Character Area as defined in the 2021 City of Elk River Comprehensive Plan Update.
Policies and recommendations for the Commercial Character areas are intended to strengthen and leverage
unique economic opportunities in Elk River and support job creation and the enhanced delivery of goods
and services in the city. The proposed location is an ideal si te for the new Les Schwab Tire Center , with an
approved variance and administrative relief, Les Schwab will join other national retailers, to provide service
and shopping opportunities for community members
Approval Criteria: Variances may be granted when the petitioner establishes that there are practical
difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute
practical difficulties. Practical difficulties include, but are not limited to, inadequate access to d irect sunlight
for solar energy systems. Practical difficulties means that:
(1) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
The variance request for the driveway (35.84 ft wide) setback will facilitate the commercial use of
the property. Commercial uses are permitted within the Highway Commercial district.
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(2) The plight of the petitioner is due to circumstances unique to the prope rty not a consequence of
the petition's own action or inaction; and
The project site has atypical parcel access to the existing roadway than typically seen in
commercial centers . The parcel is located within a subdivision reviewed and approved by the
City but with just under 38 ft of frontage along Zane Street, options for site design and access
are limited. In fact, straight compliance with the 10ft driveway setback requirement is impossible
and would also prevent the construction of a driveway designed to meet city standards or that
provides an access necessary for commercial business .
(3) The variance, if granted, will not alter the essential character of the locality.
An approved driveway setback variance and proposed driveway width will not alter the character
of the locality. If approved, the variance will facilitate construction and development of an
underutilized commercial parcel within City limits with a reputable retail and auto service
business . Since opening the first store in Bend, Oregon, the Les Schwab Tire Center sets the
standard for consistently exceptional customer service. Today, the business has grown to over
7,000+ employees and is a trusted name in the west. Les Schwab has established itself as a
successful business and job producer across the west. The Elk River location is one of many
proposed locations in Minnesota that Les Schwab is planning to build. The Elk River location will
provide new opportunities for employment in Elk River and offer customers convenient
automotive services and a new option for reta il.
VARIANCE #2 SECTION 30 -934(A) MINIMUM LANDSCAPE REQUIREMENTS THE NUMBER OF TREES ON
THE LOT, TRACT, OR PARCEL SHALL NOT BE LESS THAN THREE PLUS THE PERIMETER OF THE
DESCRIBED AREA AS MEASURED IN FEET DIVIDED BY 40.
The proposed site design relies on a landscape design that includes 9 trees instead of the required 32 due to
the presence of a 75 foot Transmission Power Easement and a 10 foot Drainage and Utility Easement
running along the south and west property lines .
Total Property Line Perimeter = 1,290 LF. (Code is 1 Tree per 40 LF) = 32 trees required
Total Property Line within Transmission Power Easement = 560 LF
Total Property Line withing Drainage & Utility Easement = 474 LF
Total Property Line outside of Ease ment =256 LF = 6 trees + 3 trees (per code) = 9 trees
Approval Criteria: The variance is in harmony with the general purpose and intent of the ordinance.
A minimum tree requirement is typically established to promote aesthetically pleasing development, r educe
impervious surfaces whenever possible , and encourage thoughtful landscape design. The subject property is
encumbered with two utility easements which prohibit tree planting from occurring on 44% of the site. While
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a reduction in trees is needed, the proposed project includes a professionally designed landscape plan
created to align with the look and feel of parcels already developed in the area and otherwise comply with
city requirements. The proposed landscape design is aesthetically pleasing using a variety of trees & shrubs
and aligns with drainage design best practices.
Approval Criteria: The variance is consistent with the City of Elk River comprehensive plan.
The approval of a variance from a tree minimum will facilitate site conditions necessary for Les Schwab Tire
Center to conduct normal business operations in an area of town planned for commercial activity. The
proper ty is located within the Urban Service boundary, zoned Highway Commercial (C3) and is guided by the
Highway Business land use category and the Highway 10/169 Commercial Economic Development Character
Area as defined in the 2021 City of Elk River Comprehens ive Plan Update. Policies and recommendations for
the Commercial Character areas are intended to strengthen and leverage unique economic opportunities in
Elk River and support job creation and the enhanced delivery of goods and services in the city. The pr oposed
location is an ideal site for the new Les Schwab Tire Center, with an approved variance Les Schwab will join
other national retailers already in the area , to provide service and shopping opportunities for community
members
Approval Criteria: Varia nces may be granted when the petitioner establishes that there are practical
difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute
practical difficulties. Practical difficulties include, but are not limited to , inadequate access to direct sunlight
for solar energy systems. Practical difficulties means that:
(1) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
The variance request to reduce the total number of trees will facilitate the commercial use of the
property. Commercial uses are permitted within the Highway Commercial district.
(2) The plight of the petitioner is due to circumstances unique to the property not a consequence of
the petition's own a ction or inaction; and
The subject property is unique in that it is encumbered 75 foot Transmission Power Easement
and a 10 foot Drainage and Utility Easement. The easements effectively prohibit trees from
being planted in 44% of the site. The Transmissio n Easement was in place at the time of the
subdivision and the Utility and Drainage Easement is required in order to meet design standards
and combined create a circumstance not typical to a commercial lot.
(3) The variance, if granted, will not alter the essential character of the locality.
A variance from the minimum tree requirement will not alter the character of the locality. If
approved, the variance will facilitate construction and development of an underutilized
commercial parcel within City limits. Since opening the first store in Bend, Oregon, the Les
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Schwab Tire Center sets the standard for consistently exceptional customer service. Today, the
business has grown to over 7,000+ employees and is a trusted name in the wes t. With stores
already in many Minnesota communities, Les Schwab has established itself as a successful
business and job producer. The Elk River location will provide new opportunities for employment
in Elk River and offer customers convenient automotive services and a new option fo r retail tires
in a commercial part of town.
Thank you for considering our variance requests. Should you have any questions, please to not hesitate to
contact me at 406.722.9129 or Ron Is ackson at 406.922.7107.
Sincerely,
Nicole Olmstead , AICP
Planner
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