6.2. SR 02-01-1993
ITEM 6.2.
FROM:
JANELLE SCHMITZ, ZONING
ASSISTANT /
Cl
TO:
MAYOR AND CITY COUNCIL
DATE:
JANUARY 27, 1993
SUBJECT: CONDITIONAL USE PERMIT REQUEST BY
SANDY CHENVERT (FANNEE'S IN SHAPE,
AEROBIC STUDIO)/PUBLIC HEARING,
CASE NO: CU 93-001
APPLICANT
Sandy Chenvert, 112 Birch, St. Michael, MN.
REQUESTED ACTION
The applicant is requesting a conditional use permit to operate
an aerobic studio in the Cody Square building, located behind
the Bridgeman's Restaurant on 173rd Avenue, NW.
SITE ZONING/LAND USE:
C3, Highway Commercial/HB, Highway Business
.
SURROUNDING ZONING/LAND USE:
North, south, and west: C3, Highway Commercial/HB, Highway
Business
East: C3, Highway Commercial/LI, Light Industrial
LEGAL DESCRIPTION
Part of the southwest 1/4, of the southwest 1/4, section 2,
township 32, range 26. A complete legal description is
available upon request at City Hall. Attached is a map showing
the general locatiop of the affected property.
UTILITIES
The site is served by a private septic system and well.
BACKGROUND
.
The applicant is requesting a conditional use permit to operate
an aerobic studio in the Cody Square building. Aerobic studios
are classified as commercial recreation and require a
conditional use permit in the C3 zoning district. The
applicant plans on leasing approximately 1,200 square feet for
the operation, located on the bottom floor of the Cody Square
building. Ms. C~enyert indicated she is planning on holding 5
classes per day with an average class size of 15-20 students.
The approximate hours of operation will be 8:00 - 10:30 a.m.,
720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420
CUP, Sandy Chenvert
January 27, 1993
Page 2
~ and 4:00 - 9:30 p.m. It appears that classes would not be
offered late morning and early afternoon at this time, however,
the hours of operation may change as the business continues.
In addition to Ms. Chenvert, staff would include one other
employee at any given time.
Two conditional use permits were previously issued in the Cody
Square building. In 1987, Mark Zieska, received a conditional
use permit to operate Z's Upholstery, which is no longer
operating in this area. In 1990, Richard Duggan, received a
conditional use permit to operate Marketech, a light
manufacturing firm, which is still located in the building.
Also located in the building is an office for Wm. John Builders.
LANDSCAPING
~
When the original conditional use permit was issued in 1987,
the current landscaping ordinance was not in place, however,
one of the stipulations of the original conditional use permit
was to plant shrubs on the west side of the building. Staff
inspection of this site indicated the shrubs have been
planted. The City Council should make a determination on
whether this conditional use permit will trigger the new
landscaping ordinance requiring 1 tree per 40 feet of the
perimeter of this site, which would translate into about 35
trees. The Planning Commission felt that because the building
and parking lot were existing, it would present a hardship to
the applicant if the current landscaping ordinance is
enforced. The original conditional use permit also stipulated
the dumpster be screened from view. Staff will be working with
the owner of the building to accomplish this.
SIGNAGE
The applicant has requested a wall sign approximately 40 square
feet in size. The sign ordinance in the C3 zoning district
allows wall signage at a rate of 2 square feet per linear foot
of building frontage. The request is within the guidelines of
City ordinance.
DRAINAGE
The request does not involve the addition of any hard surfaced
area to the site, therefore, drainage should not be affected.
PARKING
~
According to the Elk River City Code, parking requirements for
athletic clubs or fitness centers should be provided at a ratio
of 1 space for each 200 square feet of floor area. Ms. Chenvert
plans on leasing approximately 1,200 square feet, therefore, 6
parking stalls would be required. The site currently contains
74 striped parking stalls. Because the existing uses in the
.
.
.
CUP, Sandy Chenvert
January 27, 1993
Page 3
building have low parking requirements, there appears to be
adequate parking for this use.
TRAFFIC
The existing uses do not create much traffic and should not
interfere with this request. The parking lot is striped with
arrows to direct the flow of traffic. The hours of operation
for the proposed use will not interfere with existing uses.
CONDITIONAL USE PERMIT STANDARDS
Staff feels the proposed use is compatible with the existing
uses currently in the Cody Square building and will not have a
detrimental effect on the use and enjoyment of other property
owners in the vicinity. Further, the use will not create
excessive traffic, noise, smoke, or adversely affect public
facilities (i.e., streets, police, fire, etc.). Staff feels
the proposed use is consistent with the seven standards
outlined in the Elk River City Ordinance, Section 900.42.
BUILDING CODE
Cliff Skogstad, Building Official, is reviewing the proposed
layout of the aerobic studio to ensure appropriate building
codes are met.
RECOMMENDATION
The Planning Commission recommended approval of the
conditional use permit to operate an aerobic studio in the Cody
Square building as it is consistent with the seven standards
for a conditional use permit, subject to the following
stipulations:
1. THE APPLICANT OBTAIN A BUILDING PERMIT.
2. SOUND DEADENING MATERIALS BE USED ON THE REAR WALL
AND ON THE CEILING.
3. THE SIGNAGE BE CONSISTENT WITH THE C3 STANDARDS.
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SHERBURNE COUNTY ABSTRACT & TITLE CO.
.
PAT RASMUSSON
PRESIDENT
CATHY BAILEY
SEC.rrREAS.
BONI CULLEN
MANAGER
Based on the examination of real estate records I find the following are property
owners within 350 foot radius of the land described on attached Exhibit:
- F. Kruse & L. Lindquis t, % Ri verview Sports & Marine, 17445 Hwy. 10, Elk River, MN
- Marlene Worts, 1825 Inndsbruck Parkway, Mpls., MN 55421
- Kenneth Dehn, 19663 Proctor Rd. NW, Elk River, MN 55330
r Paul Bell, 18270 Fresno S t NW, Elk River, MN 55330
_Kernethese Motel, Inc., 17291 Hwy. 10, Elk River, MN 55330
State of Minnesota Gravel Pit
- S,ca.a~ C~lf\,;~rf, In ~'Mh,,:if IVld--aiJ. 5.S3/1e o-/!{;t., ,'dnt )
- Clv~/~!.lr l'J.j n0511;i5j CrJeU1:) /37)" E. tu1!,L'CJrI i10( ~i~6~
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, ,/ / '-I / q:; 317 KING AVENUE. ElK RIVER. MINNESOTA 55330 . (612) 441-3280
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Affiliated with American Land Tille Association