Board of Adjustments Packet - July 23, 2024
Board of Adjustments
Regular Meeting
Agenda
Tuesday, July 23, 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 Minutes - June 25, 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: Parking Lot Setback, 16234 Jarvis St. NW - The Original Collins Brothers Auto, Truck &
Towing
5.2 Variance: Parking Requirements, 16767 Gateway Road - Heritage Millwork
5.3 Variance: Building and Parking Setbacks, 414 Main St. NW - Ron Touchette, Rock Solid
Companies
6. MOTION TO ADJOURN REGULAR MEETING
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DRAFTPage 2 of 22
DRAFTPage 3 of 22
DRAFTPage 4 of 22
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
July 23, 2024
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Variance: Parking Lot Setback, 16234 Jarvis St. NW -
The Original Collins Brothers Auto, Truck &
Towing
Reviewed by
Zack Carlton
Action Requested
Approve, by motion, the parking lot setback variance of 10-feet for the following reasons:
1. The general purpose and intent of the ordinance are met.
2. The property has a land use of industrial and the use is consistent with the Comprehensive Plan.
3. The proposed use is reasonable and is otherwise 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. Conditional Use Permit (CU 24-12) shall be approved and recorded.
2. A 100% opaque fence shall be installed on the west property line the entire length of the outdoor
storage area.
3. If the applicant wishes to construct the fence on the property line, written permission from the
adjacent property owner to the west shall be obtained and provided to the city.
Background/Discussion
The 2.5-acre property is zoned I-3 (General Industrial), which requires parking lots and driveways to have a
10-foot setback from any property line. The applicant is requesting a variance for a zero-foot setback on the
western property line to facilitate a back-to-back parking and storage design across both lots.
The parcel to the west had previously received approval for outdoor storage and has recently been acquired
by a new owner. This owner plans to expand the outdoor storage, possibly with a similar variance request.
The required 10-foot setback would leave a 20-foot wide space between outdoor storage areas, but approval
of a variance may provide an opportunity to utilize otherwise vacant space.
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria
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described below. The variance is:
1. Is in harmony with the general purpose and intent of the ordinance, and
The purpose and intent of the parking setback is to provide buffer between properties to allow for things
such as required landscaping and small utilities. It is not uncommon for non-residential lots to have shared
access/parking across a lot line. The request is in harmony with the general purpose and intent.
2. Is consistent with the City of Elk River comprehensive plan.
The property is guided as Industrial where industrial businesses are expected to have driveways, parking, and
outdoor storage. The proposal 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;
As it is not uncommon for non-residential lots to have share access/parking across a lot line the petitioner
proposes to use the property in a reasonable manner. Staff have included conditions to include a 100%
opaque fence along the property line. This will allow maximum usage of the property, while still providing a
visual and physical barrier between uses.
The petitioner proposes to use the property in a reasonable manner not otherwise permitted by the zoning
ordinance.
4. 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 unique circumstance is that the subject property owner and the property owner to the west are actively
working on their plans simultaneously. The proposals include outdoor storage on both lots and eliminating
the setback between lots will provide two property owners with an opportunity to maximize their parcels.
5. The variance, if granted, will not alter the essential character of the locality.
If the variance is granted, it will not alter the essential character of the locale.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community.
Attachments
1. Location Map
2. Site Plan
Page 6 of 22
Case No: CU 24-12, V 24-10
Conditional Use Per mit
Variance
Collins Brothers Towing
SITE
Page 7 of 22
Page 8 of 22
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
July 23, 2024
Prepared By
Zack Carlton, Community Development Director
Item Description
Variance: Parking Requirements, 16767 Gateway
Road - Heritage Millwork
Reviewed by
Chris Leeseberg
Action Requested
Approve, by motion, the parking variance as the following standards are satisfied:
1. The general purpose and intent of the ordinance are met.
2. The property has a land use of Business Park 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 condition that the City Council must approve a proof of parking agreement.
Background/Discussion
The applicant is requesting a variance to reduce the number of required parking spaces for their new light
manufacturing facility. The property is zoned BP (Business Park) and is approximately 14 acres in size. The
proposed building is 113,000 square feet and includes office, manufacturing, and warehouse spaces.
City ordinances require 186 parking stalls for the facility, and the applicant proposes constructing 99 spaces
(92 general spaces and 7 ADA). The site plan demonstrates the ability to meet the parking requirement and
includes 87 proof of parking spaces.
The applicant states that based on current employment and anticipated visitors/guests, the full parking
requirement is not necessary to support their operation. Their long-term plans include expansion
opportunities, and additional parking will be constructed when those phases move forward.
Applicable Regulations
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. Appropriate staff responses are included when
needed. The variance is:
1. Is in harmony with the general purpose and intent of the ordinance, and
Page 9 of 22
The Civil Plan set shows that we meet the required 186 parking stalls with a combination of constructed parking stalls
(99) and proof of parking spaces (87). Due to the standard operating procedures for this owner, they have
determined that the 99 parking stalls that are shown exceed the needs of the business factoring in all employees,
visitor and delivery traffic uses. Constructing only the 99 parking spaces allows the owner to preserve existing green
space and provide extra landscaping features that would otherwise be taken up with unused impervious coverage.
The applicant proposes to construct what is required based on their current business practices. A light
manufacturing facility does not experience large swings in customer or visitor parking, meaning that their
parking needs are largely predictable. However, should this change, staff has included a condition requiring the
applicant to enter into a proof of parking agreement with the city. This agreement will require the
construction of additional stalls should parking become an issue in the future.
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 Civil Plan set also includes a future building site plan that shows the owner’s future intentions with a building
expansion in relation to the provided parking spaces. The proposed parking stalls and the proof of parking are shown
to meet the needs of the expanded building without changing the layout and use of the originally proposed parking
areas. The proof of parking spaces were laid out to show that future expansion or a change of ownership can activate
these additional parking spaces if the need arises and still meets the City parking requirements for any related future
use of this site.
The variance 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;
Allowing the proof of parking areas to remain green space reduces the amount of disturbed area for construction
activity, it reduces the overall new impervious area of the proposed project and future building expansion project and
reduces the contribution to the regional stormwater treatment areas built by the City for this site and its adjacent
properties. This will contribute to reduced maintenance costs and scheduling for the stormwater treatment facilities as
well as the owner’s duties on-site.
As noted earlier, the parking needs of the site are relatively predictable and the applicant is confident that the
proposed stalls will satisfy the needs of their operation. Should parking become an issue in the future,
additional parking will be required as outlined in a proof of parking agreement.
The proposed variance is a reasonable use not permitted by 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 owner has determined that the 99 parking stalls that are shown exceed the needs of the business factoring in all
employees, visitor and delivery traffic uses. If they were to build out the entire 186 parking areas, this additional
impervious area would largely go unused and create an unnecessary burden to the surrounding environment like
increased heat island effect, increased stormwater runoff and sedimentation, and destruction/reduction of pollinator
habitats.
The parking needs are unique and not a consequence of the petitioners' action.
5. The variance, if granted, will not alter the essential character of the locality.
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If granted, the parking spaces will not be more than normal everyday options and will provide enough extra spaces for
extra deliveries or visitors. The owner would also like to reduce their impact on the surrounding environment and
reduce the overall construction and/or green space disturbance and impact the existing site a little as necessary.
The variance would not alter the essential character of the locality.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs - agile.
Responsibly grow.
Support the growth and development of the community.
Attachments
1. Location Map
2. Applicant's Narrative
3. Site Plans
Page 11 of 22
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ENGAGING PROCESS. COMPELLING SOLUTIONS. GENUINE PARTNER.
June 25, 2024
Zack Carlton
Community Development Director
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Dear Mr. Carlton,
Heritage Millwork is requesting a variance to the required number of parking stalls for the
Warehouse/manufacturing use in the City Code. The requirement of one space for each 2,000 Sq Ft is greater than the
one space for each two employees on the major shift. This results in a parking requirement of 186 stalls for the
building. Heritage Millwork is proposing to meet this requirement through a combination of constructed stalls and
future proof-of-parking stalls to be constructed as needed in the future. We are providing 2 plans, one is the proposed
site plan showing constructed stalls and proof of parking for the current building, the second shows constructed and
proof of parking for Heritage’s proposed future expansion. Below is outlined how Heritage Millwork is proposing to
meet each of the 5 factors of the variance request.
(b1) The variance is in harmony with the general purpose and intent of the ordinance.
Response: The Civil Plan set shows that we meet the required 186 parking stalls with a
combination of constructed parking stalls (99) and proof of parking spaces (87). Due to the
standard operating procedures for this owner, they have determined that the 99 parking stalls
that are shown exceed the needs of the business factoring in all employees, visitor and delivery
traffic uses. Constructing only the 99 parking spaces allows the owner to preserve existing green
space and provide extra landscaping features that would otherwise be taken up with unused
impervious coverage.
(b2) The variance is consistent with the City of Elk River comprehensive plan.
Response: The Civil Plan set also includes a future building site plan that shows the owner’s future
intentions with a building expansion in relation to the provided parking spaces. The proposed
parking stalls and the proof of parking are shown to meet the needs of the expanded building
without changing the layout and use of the originally proposed parking areas. The proof of
parking spaces were laid out to show that future expansion or a change of ownership can activate
these additional parking spaces if the need arises and still meets the City parking requirements for
any related future use of this site.
(c1) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;
Response: Allowing the proof of parking areas to remain green space reduces the amount of
disturbed area for construction activity, it reduces the overall new impervious area of the
proposed project and future building expansion project and reduces the contribution to the
regional stormwater treatment areas built by the City for this site and its adjacent properties. This
will contribute to reduced maintenance costs and scheduling for the stormwater treatment
facilities as well as the owner’s duties on-site.
Page 13 of 22
ENGAGING PROCESS. COMPELLING SOLUTIONS. GENUINE PARTNER.
(c2) 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
Response: The owner has determined that the 99 parking stalls that are shown exceed the needs
of the business factoring in all employees, visitor and delivery traffic uses. If they were to build
out the entire 186 parking areas, this additional impervious area would largely go unused and
create an unnecessary burden to the surrounding environment like increased heat island effect,
increased stormwater runoff and sedimentation, and destruction/reduction of pollinator habitats.
(c3) The variance, if granted, will not alter the essential character of the locality.
Response: If granted, the parking spaces will not be more than normal everyday options and will
provide enough extra spaces for extra deliveries or visitors. The owner would also like to reduce
their impact on the surrounding environment and reduce the overall construction and/or green
space disturbance and impact the existing site a little as necessary.
Should you have any questions or require additional information, please contact me at (952) 426-7400.
Sincerely,
MOHAGEN HANSEN
A rchitecture | I nteriors
Neil Missling, AIA, NCARB
Associate
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R5'5'7'1616R15'R15'R15'R15'52.238'4BJLBJLNMohagenHansen.comI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.DATE:REG. NO.CERTIFICATIONBENCHMARK(S) (BMs)CADD USER: Benjamin Lucas FILE: C:\USERS\BENJAMINLUCAS\DROPBOX\PROJECTS\240102 - HERITAGE MILLWORK DEVELOPMENT - MOHAGEN HANSEN\WORKING FILES\CAD\DWG\PLAN SHEETS\C300 - SITE.DWG PLOT SCALE: 1:1 PLOT DATE: 6/19/2024 11:20 AMPROPERTY LINELIMITS OF DISTURBANCEBUILDINGCURB & GUTTERSOIL BORINGSFENCESIGNLIGHT POLEPARKING STALL COUNTADA PAVEMENT MARKINGSTANDARD DUTY BITUMINOUSHEAVY DUTY BITUMINOUSCONCRETE SIDEWALKCONCRETE PAVINGPATTERNED CONCRETELoDPROPOSEDEXISTINGZONING: BP, BUSINESS PARKPROPOSED LOT AREA 612,311 SQ FT = 14.06 ACEXISTING IMPERVIOUS AREA: 13,703 SQ FT = 0.31 ACPROPOSED NEW IMPERVIOUS AREA (PHASE I):291,842 SQ FT = 6.70 ACNET IMPERVIOUS CREATED (PHASE I): 278,139 SQ FT = 6.39 AC MAXIMUM HARDCOVER 85% MAX.TOTAL HARDCOVER AREA (PHASE I):(IMPERVIOUS AREA/14.06 AC) 48% BUILDING FOOTPRINT AREA (PHASE I): 113,000 SFBUILDING HEIGHT PROPOSED: SEE ARCH. PLANSDISTURBED AREA: 509,497 SQ FT = 11.70 ACREQUIRED PARKING SPACES: 186 SPACESPROPOSED PARKING SPACES:9' X 18' 92 SPACESPROOF OF PARKING 87 SPACESADA 7 SPACESPROVIDED: 186 SPACESTRUCK LOADING SPACES:14' X 75' LOADING DOCK SPACES 16 SPACES14' X 75' TRUCK PARKING 24 SPACESPROOF OF TRUCK PARKING 8 SPACESPROVIDED: 46 SPACESBP SETBACK REQUIREMENTS:FRONT YARD SETBACK (WEST) 30 FEETSIDE YARD SETBACK (NORTH & SOUTH) 25 FEETREAR YARD SETBACK (EAST) 20 FEET11. BITUMINOUS PAVEMENT - NORMAL DUTY (SEE DETAIL1/C903)2. BITUMINOUS PAVEMENT - HEAVY DUTY (SEE DETAIL 1/C903)2.1. CONCRETE PAVEMENT - HEAVY DUTY (SEE DETAIL 2/C903)2.2. GRAVEL ACCESS PATH - (SEE DETAIL 1/C905)3. BITUMINOUS PAVEMENT - MATCH IN KIND4. CONCRETE SIDEWALK (SEE DETAIL 2/C903)4.1. PATTERNED CONCRETE (SEE GEOMETRIC & PAVING NOTE 12.1ON SHEET C001)5. CONCRETE STOOP (SEE ARCHITECTURAL PLANS)6. B-618 CONCRETE CURB AND GUTTER (SEE DETAIL 2000/C900)7. 28" SURMOUNTABLE CONCRETE CURB AND GUTTER (SEE DETAIL2000/C900)8. FLUSH CONCRETE CURB (SEE DETAIL 3/C903)9. CONCRETE "V" GUTTER (SEE DETAIL 2001/C900)10. TRANSITION FROM FLUSH CONCRETE CURB OR 4" CURB TO 6" CURB(SEE GRADING PLAN)11. CONCRETE CURB AND GUTTER - MATCH EXISTING12. ACCESSIBLE STALL STRIPING (SEE DETAIL 3/C904)13. ACCESSIBLE RAMP (SEE DETAIL SHEET C902)14. 4" HIGH VISIBILITY SOLID WHITE PAINT (SEE "GENERAL NOTES &INFORMATION" SHEETS)15. RETAINING WALL16. LANDSCAPE AREA (SEE LANDSCAPE PLANS)17. CANOPY (SEE ARCHITECTURAL PLANS)18. TRANSFORMER (SEE ELECTRICAL PLANS FOR SIZE AND EXACTLOCATION)19. EQUIPMENT PADS (SEE ARCHITECTURAL & MEP PLANS FOREQUIPMENT DESIGNATION & PLACEMENT)20. CONCRETE FIXED BOLLARD (SEE DETAIL 1/C904)KEYNOTESSITE DATAXX1. CONTRACTOR SHALL REFER TO THE "GENERAL NOTES & INFORMATION"SHEETS PRIOR TO THE START OF CONSTRUCTION.2. REPLACE EXISTING AND PUBLIC BITUMINOUS PATH THAT IS HEAVED,CRACKED, DETERIORATED, HOLDING WATER, AND/OR ASPHALT PATCHEDTO THE NEAREST JOINT LINE.3. REPLACE EXISTING CONCRETE FEATURES (E.G., PAVEMENT, SIDEWALK,CURB AND GUTTER, ETC.) TO NEAREST JOINT LINE.NOTESSBINLEGEND( IN FEET )GRAPHIC SCALEBENJAMIN LUCAS, P.E.06.21.202454265BUILDING PERMIT SET05/03/2024240102C300 - SITE.DWG11Page 15 of 22
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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
July 23, 2024
Prepared By
Zack Carlton, Community Development Director
Item Description
Variance: Building and Parking Setbacks, 414 Main St.
NW - Ron Touchette, Rock Solid Companies
Reviewed by
Chris Leeseberg
Action Requested
Approve, by motion, the setback variances as the following standards are satisfied:
1. The general purpose and intent of the ordinance are met.
2. The property has a land use of Mixed Use and the proposal 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 condition that the applicant dedicate a 10-foot drainage and utility easement along Main Street.
Background/Discussion
The applicant is requesting a variance to reduce the required front and side-yard setbacks in support of a
proposed out-patient medical facility. The site is approximately 0.64 acres and located within the C2 (Office
District). The current plan includes a 6,000 SF building and a 30-stall parking lot. The site abuts a commercial
office space to the east (this site received a parking variance in the past – placing the parking lot within 1-foot
of the property line), single-family homes to the north, and vacant/ developable property to the east.
City code requires a building front and side-yard setbacks of 15-feet, and a parking lot setback of 10-feet. The
applicant proposes reducing the front and side-yard setbacks to 10-feet, and the parking setback to 1-foot for
a parking bump-out on the east and 2.2-feet for the parking area on the west side.
The applicant states that the reduced setbacks will support development of small property by allowing them
to fit the required improvements (structure, parking, stormwater, etc.) on the lot. Additionally, the reduced
parking setback on the west side will help facilitate future development which will included shared access,
parking, and drive aisles.
Finally, this site is within the parameters of the Downtown Small Area Plan. The design of Main Street and the
uses along it are a key component of the plan. The vision includes an upgraded urban corridor with an inviting
Page 17 of 22
streetscape to support and redevelop businesses in the area.
Applicable Regulations
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. Appropriate staff responses are included when
needed. The variance is:
1. Is in harmony with the general purpose and intent of the ordinance, and
The ordinance intent is to foster the steady and opportunistic highest and best use of the area for a commercial
corridor AND influenced by the desire to extend the urbanscape feel and usability of the area from downtown Elk River
to the, about to be finished Highway 169 infrastructure. Maximizing and balancing the use, potential, and community
service & support goal of attracting community centric users in the corridor.
The reduced setbacks support development of the site. The proposed 10-foot setback in the front yard
provides adequate space for existing utilities to be moved underground, improving the visual appearance of
the corridor. Dedication of an easement to support this work has been included in the recommendation of
approval.
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.
City is currently in the process of establishing and defining an urbanscape identity and updated plan for the Main St.
corridor. This variance aligns with the early high level perceived parameters and scope of the yet to be investigated
and refined plan in the future.
Standalone commercial uses are permitted within the existing Mixed Use land use category.
The variance 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;
This will help maximize the redevelopment potential of the Main and Gates area consistent with the HRA's previously
articulated vison for the area. The prior use as aged and deteriorated residential stock set back from the street and
the remnants of same is not consistent with the main street corridor desire of the area.
The adjacent parcel has received a variance to support development on the smaller parcels located in this
area of Elk River, and the request is consistent with similar uses in the area.
The proposed variance is a reasonable use not permitted by 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 scope of the redevelopment area that the HRA was able to gather together with the current resources and
acquisition opportunity is unique and challenging due to the desire to retain the surrounding uses and property owners
in a meaningful, coexistent, and cooperative environment. The fostering and provision for redevelopment, while still
retaining the characteristics and opportunities historically enjoyed by the areas neighboring ongoing concerns and
property owners, is a critical as well as fiduciary responsibility for stakeholders involved.
The site boundaries are established and fitting a new use into an area that had historically been dedicated to
Page 18 of 22
different uses sometimes requires variances to support redevelopment.
5. The variance, if granted, will not alter the essential character of the locality.
The main street "flavor and character" is enhanced by standardizing the corridor with a more urbanscape, people and
property centric, as opposed to front facing parking lots suburban traditions, style. This will foster the actual usability of
the extended downtown commercial corridor all the way to Highway 169.
The variance would not alter the essential character of the locality.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs - agile.
Support the growth and development of the community.
Attachments
1. Location Map
2. Applicant's Narrative
3. Site Plan dated July 18, 2024
Page 19 of 22
Page 20 of 22
V 24-11 Narrative
Medical on Main is a prospective 6,000 initial phase I project for the "Main & Gates" redevelopment area.
This phase will contain a medical type user, (currently existing in the community), and ensure that the user
remains an integral part of the Elk River community. The variance request simply moves the building
forward toward the street and anticipated future pedestrian amenities and the side yard setback property lines
in order to maximize the urbanscape nature of the area into the future. Additionally, it aligns with what is
anticipated for the future continuation of the redevelopment throughout the balance of the area as the steady
measured process of redevelopment continues and works its way forward.
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
The ordinance intent is to foster the steady and opportunistic highest and best use of the area for a
commercial corridor AND influenced by the desire to extend the urbanscape feel and usability of the area
from downtown Elk River to the, about to be finished Highway 169 infrastructure. Maximizing and
balancing the use, potential, and community service & support goal of attracting community centric users in
the corridor.
The variance is consistent with the City of Elk River Comprehensive Plan (discuss with city staff in needed)
City is currently in the process of establishing and defining an urbanscape identity and updated plan for the
Main St. corridor. This variance aligns with the early high level perceived parameters and scope of the yet to
be investigated and refined plan in the future.
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 will help maximize the redevelopment potential of the Main and Gates area consistent with the HRA's
previously articulated vison for the area. The prior use as aged and deteriorated residential stock set back
from the street and the remnants of same is not consistent with the main street corridor desire of the area.
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 scope of the redevelopment area that the HRA was able to gather together with the current resources
and acquisition opportunity is unique and challenging due to the desire to retain the surrounding uses and
property owners in a meaningful, coexistent, and cooperative environment. The fostering and provision for
redevelopment, while still retaining the characteristics and opportunities historically enjoyed by the areas
neighboring ongoing concerns and property owners, is a critical as well as fiduciary responsibility for
stakeholders involved.
The variance, if granted, will not alter the essential character of the locality
The main street "flavor and character" is enhanced by standardizing the corridor with a more urbanscape,
people and property centric, as opposed to front facing parking lots suburban traditions, style. This will
foster the actual usability of the extended downtown commercial corridor all the way to Highway 169.
Page 21 of 22
PROPOSED BUILDING(6,000SF)100'100'60'60'10"889.024"888.910"888.520"888.2tnh896.96VVaultVVaultLightPoleCcpedTtpedTtpedPowerPoleSignRiserCcpedTtpedTtpedLightPole18"888.312"888.012"888.6SSanitary Manholerim=887.83inv W=875.58inn E=874.639"892.3SSanitary Manholerim=894.44inv N=875.59inv E=875.49Gate ValveGate Valve12"892.7SignSign12"887.58-8" dead887.648maple"888.222"889.0887.18TccbVVault14"889.614"889.5TtpedCcpedRiserTtpedMmailboxCcpedTtpedEElec.BoxSrim=894.48SGate Valve10"889.420"889.48" dead887.916"887.820"887.620"888.18"888.012"887.728"888.818"890.016"889.56"889.510" dead889.516"889.510"890.016"889.522"889.512"887.4PowerPole22"887.018"886.962" dead887.524"889.118"892.226"889.612"888.512"888.126"888.212"888.1PowerPole6"887.64"887.44"887.414"887.53RD STREET NWMAIN STREET NWGATES AVE. NW65.0 6666
66 66665050
C u r bConcrete CurbRESIDENCENo. 425RESIDENCENo. 425GARAGE1-St. FRAMENo. 404DrivewayEasement perDoc. No. 839702DrivewayEasement perDoc. No. 878954Concrete CurbGar. cornerclear 0.5'±3' Driveway Setbackper Doc. No. 524248Sanitary SewerSanitary Sewer
10.0
10.0
10.09.020.0
28.0
5.025.610.016.8
15.022.02.21.02.25.0PROPOSED SITE DATA:Page 22 of 22