6.4. SR 07-19-1993
rei ~'\)
( );
tIi~
ITEM 6.4
TO:
MAYOR & CITY COUNCIL
FROM:
STEPHEN ROHLF, BUILDING AND ZONING
ADMINISTRATOR
DATE: JULY 14, 1993 C:;~
SUBJECT: EXTENSION OF A CONDITIONAL USE
PERMIT FOR A CONVENIENCE STORE/GAS
STATION BY KEN BEAUDRY/PUBLIC
HEARING, CASE NO. CU 91-02
In June of 1991, Ken Beaudry received approval of a conditional
use permit to construct a gas station/convenience store on the
northwest corner of the intersection of Proctor Avenue and
Highway 10. To refresh your memory, a reduced site plan and
recorded conditional use permit is attached to this memo. Mr.
Beaudry is requesting an extension to the time limit on this
permit.
.
The Elk River Planning Commission reviewed this request and
recommended approval of a one year extension of Mr. Beaudry's
conditional use permit. However, one issue the Planning
Commission did not look at prior to this recommendation, was
the possibility of Oxford Avenue being extended to Proctor
Avenue. Because Mr. Beaudry now has purchase agreements on
property owned by the Osborns and Mrs. Berg to the north of his
convenience store/gas station site, staff thought the extension
of Oxford Avenue should at least be considered.
Map #1
Map #1 attached to this memo shows the existing shape and
ownership of the parcels in the area in question. Berg's,
Osborn's, and Beaudry's, as existing, would gain access from
Proctor Avenue. Hudson's and Weber's would gain their access
from Oxford Avenue.
Map #2
.
Map #2 shows a possible extension of Oxford Avenue, however, it
would create problems. Even though the road right-of-way shown
on Map #2 is only sixty feet (which is the bare minimum for any
street or commercial road) the alignment as shown would
probably reduce Beaudry's site to where it would no longer
accommodate the convenience store/gas station he is proposing.
This alignment would also reduce Osborn's site to where it
would probably be impractical for a commercial use and divide
Hudson's property into two fairly unusable parcels. A further
concern is that the distance between the Proctor/Oxford
intersection and the Proctor/Highway 10 intersection may not
allow for proper stacking of vehicles. Lastly, a concern with
any alignment of an extension of Oxford Avenue is how extra
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
4It traffic at the intersection of Highway 10 and Oxford Avenue
will affect the intersection of Proctor Avenue and Highway 10.
Map #3
The alignment shown on Map #3 allows the Beaudry site to
develop as proposed and allows for proper stacking from this
new road to the intersection of Proctor Avenue and Highway 10.
However, the Berg site is pretty much totally eliminated and
the Hudson site is a fairly unusable shape. Also, there is not
a lot of stacking with this alignment to the intersection of
Proctor Avenue and the railroad tracks to the north.
Any extension of Oxford Avenue on the east side of Proctor
should consider what would be an appropriate alignment for the
possibility of this road extending west of Proctor Avenue to
Quinn Avenue. Further, any extension of Oxford Avenue would
most likely have the majority of the cost borne by the City,
since benefit to the existing property owners would be hard to
prove. They already have access. Lastly, an extension of
Oxford Avenue could be used as a short cut around the signal at
Proctor Avenue and Highway 10.
RECOMMENDATION
4It
Staff feels the Council has the following options regarding Mr.
Beaudry's request for a one year extension to his conditional
use permit:
1. Do not extend Oxford Avenue, leaving access to the parcels
in this area as they exist, and grant a one year extension
to Mr. Beaudry's conditional use permit.
2. Determine the appropriate alignment for an extension of
Oxford Avenue and coordinate a rearrangement of Berg's,
Osborn's, Beaudry's and Hudson's parcels into two logical
parcels. Staff does not recommend an extension of Oxford
without a rearrangement of parcels into logical shapes.
3. Do not extend Oxford and do not extend Mr. Beaudry's
conditional use permit, but coordinate a rearrangement of
the parcels in question into two logical parcels with
their main access being gained from Proctor Avenue; Map
#4. Access to 6th Street and Oxford for these new parcels
could possibly be eliminated. However, Mr. Beaudry has
indicated his financing is set based on the existing site
plan.
4It
More discussion on this issue is definitely needed prior to a
decision. Terry Maurer, City Engineer, has reviewed this issue
and will be able to address the accesses to Mr. Beaudry's site
as shown on his current site plan.
.
.
.
tr)r:-'1r:-~6
1(... ,_.) . a.' f .+~
STATE OF MINNESOTA
CITY OF ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE
CONDITIONAL USE PROCEEDINGS
CITY OF ELK RIVER
In the Matter of Ken and Carrie Beaudrv
REQUEST: A conditional use permit to allow
the operation of a convenience store
gas station in a C-3 zone.
ORDER GRANTING
CONDITIONAL USE
Ken and Carrie Beaudrv , Owner
The above entitled matter came to be heard before the City Council on
. the 17th day of June, 1991, on a petition for a Conditional Use pursuant to
the City of Elk River Zoning Ordinance, for the following described property:
Lots 3, 4, 5, 6, Block 8, W.H. Houlton's Addition to the village of Elk
River, Sherburne County, Minnesota.
IT IS ORDERED that a Conditional Use be granted as upon the following
conditions or reasons:
1.
That the Ci ty Council peti tion MnDOT to close 6th Street from Proctor
Avenue east to the proposed access in order to facilitate safe traffic
movements in and out of this site. Further, that no access onto 6th
Street be allowed if the western portion is not closed.
2. That the southern right-in access off of Proctor be angled more and
signed in order to ensure that it is only used for right-in movements.
The final design of the traffic plan shall be approved by City
Engineer, Terry Maurer.
3. That the developer grant the City a 7 foot easement for street purposes
on the western edge of their property to facilitate the construction of
a City sidewalk once Proctor Avenue is reconstructed this fall. The
easement shall be granted prior to a building permit being issued.
4. That signage on this site be as per City Code.
,. 5. That the dumpster in the northeast corner of this site be screened to
at least the height of the dumpster with materials that are
archi tecturally harmonious with the building. Also that the dumpster
be designed so that it is capable of handling recyclable materials.
6. That the developer plant 14 black hills spruce trees as indicated on
the site plan to ensure screening along the northern and eastern edges
of the property.
7.
That the. developer obtain a permit from the Fire Marshall for the
location of the underground storage tanks and that a copy of this
permit be submitted to City Staff for the file.
8. That the handicapped parking stall be placed closer to the building.
.
.
.
2515136
9. That an additional fire hydrant be placed on 6th Street to ensure fire
safety in the event that 6th Street is closed. Further, that the cost
of this new hydrant be borne by the developer.
10. That the parking lot be hardsurfaced with concrete curb and gutter.
11. That loading operations be limited to 7:00 a.m. to 10:00 p.m.
12. That soil compaction tests be submitted to the City prior to building
permit approval.
13. That the final site plan which shows the traffic patterns be approved
by the City Engineer.
14. That the electric transformer be set back 10 feet from the building and
adequately screened.
15. That lighting be directed away from residential uses.
16. That the developer obtain any permits which may be necessary for access
off of 6th Street.
17. That there be no restrictions on hours of operation.
18. That a privacy fence of not less than 80% opacity and not less than
five feet in height be constructed along the northern property boundary.
19. That the costs for the 6th Street closure be borne by the developer.
20. That an additional handicapped swale be put near the entrance of the
store.
DATED this 19th day of June, 1991.
~ . . ~.
. r
:
.
STATE OF MINNESOTA )
)
COUNTY OF SHERBURNE ) SSe
)
CITY OF ELK RIVER )
2515':36
OFFICE OF CITY PLANNING AND ZONING
CITY OF ELK RIVER
I, Stephen Rohlf, Planning and Zoning Administrator for the City of Elk
Ri ver with and in for said Ci ty, do hereby certify that I have compared the
foregoing copy and Order granting a Conditional Use with the original record
thereof preserved in my office, and have found the same to be a correct and
true transcript of the whole thereof.
If the proposed work described in a conditional use permit has not been
substantially completed within two (2) years after its date of issuance, the
permit shall expire and be90me void except that the Council may, following
recommendation of the Planning Commission, extend the permit for an
additional period determined by the Council on the receipt of a request for
a permit extension prior to its expiration. A Conditional Use Permit
authorizes only the use specified in the permit and shall expire if, for any
reason, the authorized use ceases for more than one (1) year.
.
~,~ K~
Stephen Rohlf, Buildi g and Zoning Administrator
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River,
Minnesota, in the County of Sherburne, in the City of Elk River, on the 19th
day of June, 1991.
DRAFTED BY:
Signed before me a NQTARY PUBLIC
City of Elk River
Elk River, Minnesota 55330
2 5 I 5 8 b
this d~~day of ~
~ &i'i L \~ 1 ffi. \.. --
, 19:LL.
.
G;~: .", I. ~:G',_~;-\uER
S H r:: i\ ~ U ,- ~~ [ G [; . 1 ~~ I f1 N.
DY ??J~~~::;;:::~;~TY
e. . . LORI R. JOHNSON-WARNER
. . NOTARY PUBLIC
. . SHERBURNE COUNTY
. . .,.., COMMISSION EXPIRES 501..
JUN Z~ 3 es ri11~t
~.
.~1jO
JI /
} I
1 I ;
~ ft'
I !
'i'"
11-
~~
i "'\I-
II ,
o}
1..
1.
€>j
.';.
~
..
01'
I\J
-"
.
f>
.;
-"
.
,.,
..
\
'\
I
I
i
\
\
I
/
,...
"':-:
,j I "
& II : .
~ I " :
I " ~. ..
I,
" t~l~, ",t;'"
I .~1U ia!'i
1 l~~i ft~
If l'a!i.~
j . f ~ i 1:
..~t~
~ !: .
* $'J ~.
L-J
,..
,':'"
,
..1
o
1
I
I- . .~
~,!, {
11 I'
i:
,
iOj21
(I
, ,
: !
i i.
t. .1...
m 0
m
00
~~~
!
..
-t
:'
t
t
oJ
;,.
~:f'-
.-
.-.-.------.-
----------
- - - , - . .., .........
----*'--.,
~r:> '-_,,_
---
'liU<- .......f:1L .....
-
-
/'
.
.
I I
I I
I I I
r I I
I I I
I i I
I I
: J I
I ~ I
Ii I
I
I i I
, I I
I I
f I
I I
Be:RGt
OS~oRt-l
8&AvDfl y
......,..-- ---...- --.---.,. '-
<:t
~
<''''
fiJ':.
~
CD
.').
'" <
~ 1
< It
<) 0
iii t:-
o :t
\\...,
. ~-
()~
I
I " = a6
y.J e: be' ~
c
- - '-.._ n._._ _ _ _ _ __ .~.._
~...~
'Ifr;-..
..
CI....
HIJ~'SO~
"7l! STlt E:~'-
Rl6fotT _ OF -IfYAY
1-1 I kJA'f' 109-
~
c
.--., --
- - - - - - - - - .- - - - -- - - --
~
.
t
1
r
.
.
I
I
I ,
I
r .
f I
I I I
. I r
: J I
I ~ I
I i I
I
r ! I
, I I
I I
I I
I I
.
I
I
I
I
o
I
~,,~
'trr;..
,
CI....
..
~
"'y
(
1" = 80 '
~ t: !>e' R.
.').
" <
~ 1
< lot
<) 0
... t:-
o :I:
L~
. x-
O~
- -. -- .~ _.~ ----,--
- - - - - - - - - - '-- - - _.-
) ( ~
d"
~
(, .."
. (;)0:.
~
BtR"
8&A"D~ 'f
/-f \J T;I'SG ~
'- '!' 5,. ~ ~~'j
RI6l-tT.. of _~""Y
- ....... '.--.. -- "'- - -- - -
c
H IkJA'f I~.
,
r
.
.
I I
I I
I I I
! I
r ,
I I I
I I :
: J I
I ~ I
I ~ I
I
r ; I
I I
I I
I I
I I
OS~ORK
8&AIIO~ Y
......-.-.-- ------- ..-- -
't
~
< '.."
l;J':.
~
o
I
~...~
~)>..
...
<:I....
/"= 801
HlJgio~
y..l ~ be' R.
"7J! ST It ~~T
R.16~T - OF --AY
.).
~ <.
~ 1
~ 1t
<>> 0
- J:,
o :E
b.."
, X. -
()Clt
c
- - -''-'- .- - ."_ J __ __ _
---, --
HIIA.)A'r' I~
t
-. - --- ---- --.-
~ C
~
- - - - - - - - - .- - - -...... - - --
.
., <<
.
.
I
I I I
I I I
r i I
If
I I
Ii. I
I ~ I
Il I
rl I
I
r I I
. I
. I
I I
I I
I I
d"
i('.
<,~
f:J':.
~
(i)
I
..p~ <
~"
"
0...
"I
~.
~y
/"=eO
'Iol t; be' It
~ 7!' S'r ItE:~,..
R.16~i.. o,r -~...y
.~
Iu <-
'::, ~
~ ~
o 0
8& t:-
o :
"-..,
. x. -
<\~
.----. ---..----- '- --
.
.--. -...... -- --.- -- -
c
H1kJA'I' I~
----, ~-
- - - - - - - - - - -- - - _.-
=
-
- - .~ --
) (
t
'1 r