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5.0 Open Forum HandoutsI I_ o� m ---- - ---------- -- fi O 22.0• o a ------- ------ ���- 12 50 n_ 1 t � I I LA r�/ ✓ I I V h Y ' � d j �P ` �" - Dated: July 12, 2024 Proposed Project Request by Ron Touchette of Rock Solid Companies for a Front Yard Setback Variance to allow construction of a 6,000 sq. ft. commercial building four feet from the front property line at 414 Main Street NW, Case No. V 24-11. Board of Adjustments Meeting Date The Elk River Planning Commission meeting as the Board of Adjustments will conduct a public hearing on this matter on Tuesday, July 23, 2024, at 6:30 p.m., at the Elk River City Hall, 13065 Orono Parkway NW. All interested persons are invited to attend the public hearing to express their questions and/or comments. City Council Meeting If the Board of Adjustments denies the Variance request, or an appeal is received by August 2, 2024, the Elk River City Council will also conduct a public hearing concerning this matter on Monday, August 19, 2024, at 6:00 p.m. at Elk River City Hall, 13065 Orono Parkway. Subject Property Location General description of the subject property is at the northeast corner of Main Street and Gates Avenue, at 414 Main Street M V Legal Description On file and available for review at city hall. Why did you receive this notice? As part of the review process for requests of this natute, we attempt to notify all property owners at least 500 feet in distance from the subject property. State statute requires notification of property owners within 350 feet. The tax records from the Sherburne County Auditor's Office indicated that you own property within or near the 500-foot distance. More Information All interested parties are invited to attend the public hearing to express their questions, concerns, comments. Please contact us if you would like further information or to submit comments. For more detailed information related to this matter, call 763.635.1000 or visit E1kRiverlv1 . goy v /agendas. Agendas and other meeting material are typically available the Friday before meetings are scheduled to be held. Zack Carlton, Con-nnunity Development Director Community Development oxcz� Hm 0 Project Location Vft:vlaliice Case No: From. Zachary Carlton zcar'4-�n@elkrivermn r---a Subject- Re: Online Form Submittal: Send Mike Beyer an Email Date: Aug 16, 2024 at 8:49:11 AM To JIMPROSSMAN@gmail.com Cc Mike Beyer Mike.BeyerCcoel r-ivel-iiiii.clov Mr. Rossman - Thank you for reaching out to the city regarding a variance application for a possible medical facility next to your property. The public notice is an important part of the city review process, and we strive to provide all interested parties with an opportunity to voice their concerns regarding a given project. I reviewed the public notice sent to neighboring property owners and discussed your concerns with the city attorney. While the ultimate decision of the Board of Adjustments (which included a front yard setback of 10-feet for the building and a side yard parking lot setback of 1-foot) was different than the advertised 4- foot variance, the notice included the appropriate information necessary to inform residents of a variance request and the public hearing date. The public notice also included a location map, which identified the project area as all city owned parcels at the corner of Main and Gates. A copy of the notice is attached. Additionally, the attached site plan is an update from the initial request and shows the approved 10-foot front yard setback and the 1-foot parking lot setback. Thank you, and please reach out if you would like to discuss this further. Zack Carlton, AIGP City of Elk River — Community Development Director 13065 Orono Parkway, Elk River, MN 55330 763.635.1035 ElkRiverMN.gov From: noreply_@civicplus.com ®ate: August 7, 2024 at 21:10:44 CDT To: Mike Beyer <Mike.Beyer@elkrivermn.gov> Subject: Online Fora Submittal: Send Mike Beyer an Email Reply -To: jim rossman@gmail.com Send Mike Beyer an Email TO: Mike Beyer First Name James Last Name Rossman Reply Email Address jimprossman@gmail.com Subject Variance given on 7-23-24 on Main Street Dear Council person Mike Beyer I received a notice of a variance application with an address used that was not 406 Main St NW. I believe it was for 417 Main St NW. I did have concerns that by placing a building 4' closer to Main St might block the view of the signage in front of 404 Main St NW, which is a property I own. But the address used on Main St was at least 100 ft away from mine it would not have interfere Comments with the view of our business signage when driving East on Main .7[. Now that I seen a sight plan which shows the variance at 406 Main Street it appears that this maybe a problem. I also notice the parking lot in back on the proposed plan is 1' from our lot tine but have not seen a notice for a variance for the parking lot. If I would have received proper notice for the actual address the variance covers I would have been in attendance at the meeting. Please contact me to discuss this further. Jim Rossman, Trustee for the Rossman Family Revocable Trust Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. • i 1 Ii�F.FaL�H:1�sN3 F� It a'a7F/ i From- James Rossman jimprossman gma°t -orn Subject Re: Online Form Submittal: Send Mike Beyer an Email Date Aug 17, 2024 at 10:33:43 AM To Zachary Carlton c ra o�,.� wtcr i ry nn ate, Cc Mike Beyer Iike.Beyer(@)elkrivermn.gov On another note: it looks like I maybe past the appeal date for this situation, but then again, I do not feel that using the address as 414 in the notice reflects the location of the amended variances on property that is not listed as that address. Yes there was a site map but, 414 was the address used and included on that site map. No mention of 406 was used. Why weren't all the address used on the notice and site plan, that were included in the variance change request shown on the notice? I hear what your attorney has said as it was a legal notice for the meeting but I beg to differ as it should have addressed all the addresses effected by the variance and 406 was not listed as an address which the set back would be adjusted on. The Notice made it look as if 414 would be the only effected property on the site plan for the setback variances. Also a location drawing of the proposed building was not included with the notice. Is there an open forum this Monday 8-19-24 where I could address the full city council? I do have a past history of being in the real estate and the finance industry and always recall that the planning commission was an advisory board and the the city council was the body that actually approved or denied there recommendations making then law. That has never changed, has it? If this will be brought up for a city council vote I would like to get on your agenda to express my concerns with the notice that was received regarding the ambiguous way it was given to me showing an address which was different from the address on the notice. Again I would have attended the planning commission meeting that was held to explain why I may have objections to the variance changes proposed if I had known and been given clear notice that it would effect 406 Main St NW. It appeared in the notice and that it should have only effected the portion of the property located at 414 Main Street. The map attached to the notice only showed that 414 was within the area, leading me. to understand that the address of 406 was not effected. If another address other than 414 was to be effected, all addresses identifying the parcel should have been listed on the notice. I would hate to be pushed to hire my own legal council to become involved in order to protect the property rights I have. I would be happy to come in to discuss this further on Monday the 19th of August and I will make every attempt to answer phone calls about the subject. James Rossman 763-441-9077 P:\sury oudi�ers su ne 5 P -1]\p4 EnBiKede9 - 9p)]tn\pl _2p\p: SFsv Iles\pe Sile P�an.dwr GATES AVE NW I 0 n r O Z Z F{y-rrnTrrrrrr o Rg . _ �._ _ ______- o 50 5i7 10 4 AP two Ivor PM W, a ;� � �.�{ ire • 7. r - '�' -, � z ^ - ' � .. is • t {•.�, { raV il ti�ttlflW.P,r w 75.00407"i`a�0 r� S`�a HETRICK, RONALD J CARTER, MARY K & WAYNE A ONSAGER, JOHN 808 LAKESHORE DR 204 ASHLEY LN 425 3RD ST NW CROSBY MN 56441-2001 ALEXANDRIA MN 56308 ELK RIVER MN 55330 ROSSMAN, JAMES P & PATRICE - 1815 SE HIDEAWAY CIR PORT ST LUCIE FL 34952 MASEY, FREDERICK J & JANET K 309 3RD ST NW ELK RIVER MN 55330 MCF PROPERTIES, LLC PO BOX 21942 EAGEN MN 55121 LEHN, RONALD J & JOAN A - TR 362 GATES AVE NW ELK RIVER MN 55330 PENN,ZACHARY 363 GATES AVE NW ELK RIVER MN 55330 HEYROTH HAMBURGER, CHAD D P 408 2ND ST NW ELK RIVER MN 55330 WEBER, DANIEL J & JUDITH M 403 3RD ST NW ELK RIVER MN 55330-2602 AN, LLC 333 MAIN ST NW ELK RIVER MN 55330 MACHELEDT, JAMES & PRUDENCE 10383 KAHLER AVE NE MONTICELLO MN 55362 HAYES BRUNEAU ENTERPRISES LL 22099 156TH ST NW ELK RIVER MN 55330 GUARDIAN ANGELS HEALTH SER 350 EVANS AVE NW ELK RIVER MN 55330-3622 HUDSON, JAMES W & LISA 366 GATES AVE NW ELK RIVER MN 55330-2608 MOCHINSKI, DAVID & OWENS, RA 401 2ND ST NW ELK RIVER MN 55330 FREEPORT FINANCIAL CENTER C/O CATHY MCMANUS 351 MAIN ST NW ELK RIVER MN 55330 ROSSMAN FAMILY REVOCABLE TRU 404 MAIN ST NW ELK RIVER MN 55330 OAKCREST LLC 2562 ALABAMA AVE S ST LOUIS PARK MN 55416 CONSIDINE, BARBARA ANNE REV 313 3RD ST NW ELK RIVER MN 55330 VILLARREAL, RAUL 503 3RD ST NW ELK RIVER MN 55330 TTG MANAGEMENT, LLC 14234 202ND AVE ELK RIVER MN 55330 KLUND-SCHUBERT, NEIL & JULIE 358 GATES AVE NW ELK RIVER MN 55330-2608 LAW, EILEEN RENE 323 2ND ST NW ELK RIVER MN 55330 KREUSER & HARFF, TRUSTEES 12127 95TH ST NE ELK RIVER MN 55330-7422 ZIRBEL, SHARON S 542 AUBURN PL NW UNIT A ELK RIVER MN 55330 MEDCENTERS MANAGED CARE, INC C/O HEALTHPARTNERS REAL ESTA PO BOX 16115 ST LOUIS PARK MN 55416 ANGEL RIDGE, INC ASHLEY, LEAH & RANCE KRALJIC, IVANKA 350 EVANS AVE 515 3RD ST NW 502 3RD ST NW ELK RIVER MN 55330-3622 ELK RIVER MN 55330 ELK RIVER MN 55330-1426 MEDITATION CENTER OF MINNESO BALMANNO, ELIZABETH M CITY OF ELK RIVER HRA 428 RAILROAD DR NW 504 MAIN ST NW HOUSING AND REDEVELOPMENT AU ELK RIVER MN 55330 ELK RIVER MN 55330 13065 ORONO PKWY NW ELK RIVER MN 55330 LARSON, RICKEY & VRCHOTA, RE 324 2ND ST NW ELK RIVER MN 55330 MARCHAND, CHASE 426 3RD ST NW ELK RIVER MN 55330 HEALTH PARTNERS SERVICES, IN C/O HEALTHPARTNERS REAL ESTA PO BOX 16115 SAINT LOUIS PARK MN 55416 LYBECK, MAGUIRE G HRA OF CITY OF ELK RIVER COLLINS, DELORIS 310 2ND ST NW HOUSING REDEVELOPMENT AUTHOR 329 2ND ST NW ELK RIVER MN 55330 13065 ORONO PKWY NW ELK RIVER MN 55330 ELK RIVER MN 55330 JOHNSON, CANDY JO 302 2ND ST NW ELK RIVER MN 55330 GUARDIAN ANGELS ELIM HOME CA 403 MAIN ST NW ELK RIVER MN 55330 ELK HOLDINGS LLC 327 MAIN ST NW ELK RIVER MN 55330 NYBERG, JERRY R & HELEN ANNE 12368 BROOKWOOD CIR CROSSLAKE MN 56442-2688 WIPF, SUSAN B REVOCABLE TRUS 19734 YORK ST NW ELK RIVER MN 55330 CITY OF ELK RIVER 13065 ORONO PKWY NW ELK RIVER MN 55330 BILLMARK, ARNIE & MARY -TRUS C/OARNIE BILLMARK ELECTRIC 1088 110TH AVE MILACA MN 56353 351 MAIN LLC 351 MAIN ST NW ELK RIVER MN 55330 T.E.A. HOLDINGS LLC 325 MAIN ST NW ELK RIVER MN 55330 HOUSING & REDEVELOPMENT AUTH 13065 ORONO PKWY NW ELK RIVER MN 55330 DL DRIESSEN CHILDREN'S TRUST C/O MICHELLE J BOERSMA TRUST 100 KINDLER CIR LYND MN 56157 BRIDELL, DURWOOD R & MARSHA 315 3RD ST NW ELK RIVER MN 55330 429 LLC 222 MONROE ST ANOKA MN 55303 EVANS/MAIN LLC ATTN: DAVID TRUCHON 303 MAIN ST NW ELK RIVER MN 55330 HICKEY, THOMAS J & LAURA A 9250 164TH LN NW RAMSEY MN 55303-3178 FEEHAN, JAMES P 7104 EVERGREEN DR MASS CITY MI 49948 TATGE, BROCK A & KRISTEN M 312 MAIN ST NW ELK RIVER MN 55330 CORDOVA, RUDY ANTONIO 319 3RD ST NW ELK RIVER MN 55330 SIMPSON, JAMES M & VICKI L FAIRVIEW HOSP & HEALTHCARE LOIDOLT, MARVIN G REVOCABLE 311 3RD ST NW ATTN: CORPORATE REAL ESTATE 7946 PINNACLE AVE ELK RIVER MN 55330 PO BOX 59318 OTSEGO MN 55330 MINNEAPOLIS MN 55459-0318 BIGO-EVANS MEADOWS LLC DAVIS-DARROW-MEYER BNSF RAILWAY COMPANY 8325 WAYZATA BLVD STE 200 2301 LOU MENK DR GOB-3W GOLDEN VALLEY MN 55426 FORT WORTH TX 76131-0089 AFFIDAVIT OF MAILING OF PUBLIC HEARING NOTICES City of Elk River State of Minnesota I, Jennifer O. Green, swear that I am a United States citizen, over eighteen years of age, and the Community Development Assistant of the City of Elk River, Minnesota. t On �'. ��v:fGk 20 acting on behalf of said City, I deposited in the United States Pest Office at Elk River, Minnesota, copies of the attached notice of public hearing, enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the persons on the attached listing. Where is delivery service by United States mail between the place of mailing and the place so addressed. jonifer O. Gruen Sr. Administrative Assistant Community Development Subscribed and sworn to before me this %.. slay of 20�. ►tATiELiN PORAtH Notary Public Notary Public - •� Minnesota My Commission Expires January 31, 2025 n:\departrnents\community deve]oPment\phnning\templates\public hearing notices\affidavit of nuiling.docx