8.2. SR 05-02-1994
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Agenda Item 8.2.
MEMORANDUM
TO: MAYOR & CITY COUNCIL
GARY SCHMITZ, PLANNING ASSIST ANT G ~1
FROM:
DATE: MAY 2, 1994
SUBJECT: REZONING REQUEST BY ROSE KARN,
PUBLIC HEARING, CASE NO. ZC 94-04
REQUESTED ACTION
Consider rezoning approximately five acres from 1-1 (Light Industrial) to R-3
(townhouse/multiple family residential).
LOCATION
West of Meadowvale Road, east of McChesney Industrial Park. 1870 Meadowvale Road.
e ATTACHMENTS
Ordinance Amendment 94-
April 26, 1994, memo to the Planning Commission
OVERVIEW
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Rose Kam is requesting a rezoning of approximately five acres of property along the
north side of Meadowvale Road from 1-1 (Light Industrial) to R-3 (townhouse/multi-
family residential). The zoning request involves four parcels which are owned by two
individuals. The applicant owns two parcels on which there is a single family home.
Harold Gramstad owns the other two parcels from which there are two four unit
apartment buildings and associated detached garages. A large wetland encompasses the
rear of the Gramstad property. Both the single family home and the apartment buildings
are currently zoned 1-1, Light Industrial. The light industrial zoning district does not
allow residential uses as a permitted or conditional use, therefore, the single family home
and apartment are considered a legal, nonconforming use. The Kam's have recently put
their home up for sale and, during an appraisal of the property, it was discovered that the
site was zoned 1-1, Light Industrial rather than residential. The problem this causes is
that most lending institutions will not grant a loan for a nonconforming structure.
Therefore, the Kam's would like to rezone their property to R-3, townhouse/multi-family
residential, which would allow single family homes as a permitted use and remove the
nonconforming status, thereby enabling the Kam's to sell their home. The details of the
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Zone Change, Rose Kam
May 2, 1994
Page 2
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zone change request can be found in the attached April 26, 1994, memo to the Planning
Commission.
PLANNING COMMISSION RECOMMENDATION
At the April 26, 1994, Planning Commission meeting, the Planning Commission
concurred with staff s findings and recommended approval of rezoning the five acre site
from 1-1 (Light Industrial) to R-3 (Townhouse/Multi-family Residential). There was no
opposition to this request.
RECOMMENDATION
The Planning Commission and staff recommend approval of rezoning the five acre site
from 1-1 (Light Industrial) to R-3 (Townhouse/Multi-family Residential) based on the
following findings:
1. TIMES AND CONDITIONS HAVE CHANGED TO WARRANT THE
REZONING TO OFFER A BUFFER TO THE INDUSTRIAL PROPERTY
TO THE NORTH AND WEST AND TO THE SINGLE FAMILY
RESIDENTIALLY ZONED PROPERTY TO THE SOUTH.
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2.
DUE TO THE THIN STRIP OF BUILDABLE GROUND ALONG THE
LARGE WETLAND IN THE REAR OF THE PARCELS, THE
RESIDENTIAL ZONING WOULD PROVIDE A BETTER, MORE
COMPATIBLE USE FOR THIS PROPERTY BY TAKING ADVANTAGE
OF THE NATURAL AMENITIES.
3. THE REZONING WILL BE IN COMPLIANCE WITH THE
COMPREHENSIVE LAND USE PLAN DESIGNATION.
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c-karn.council
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ORDINANCE 94 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING
MAP TO ZONE CERTAIN PROPERTY FROM I-l/LIGHT
INDUSTRIAL TO R-3/TOWNHOUSEIMULTI-FAMILY RESIDENTIAL
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is
hereby amended to zone the property described as:
See Attached Exhibit A
from 1-1/ Light Industrial to R-S/TownhouselMulti-Family Residential.
Section 2. That this Ordinance shall take effect and be in full force
from and after the date of its publication.
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PASSED AND ADOPTED by the Elk River City Council this 2nd day
of May, 1994.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
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EXHIBIT "A"
75-402-0160
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AUDITORS NO.3
LOT 16 EX THAT PT DES IN INST 144465 & EX THAT PT LYING W OF LINE "D" AS DES IN INST
157145 SECT:33 TWP: 33 RANG:26
75-402-0162
AUDITORS NO.3
THAT PT OF LOT 16 DESC IN INST 144465 & 201178 SECT:33 TWP:33 RANG:26
75-128-3205
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THAT PT OF SW 1-4 OF SW 1-4 LYING N OF MEADOWVALE RD & LYING S OF RR R OF W,
LYING E OF E LINE OF TRACT DES IN INST 157145 & LYING W OF A TRACT DES IN INST
144465 EX ALL THAT PART OF LOT 16, AUDITORS SUBD. 3; & OF THE SW 1-4 OF THE SW 1-4
OF SECT 28 DESC AS COMM AT THE SE COR OF SAID SW 1-4 OF THE SW 1-4; THENCE ON AN
ASSUMED BEARING OF S 89 DEG 39 MIN 42 SEC W ALONG THE S LINE OF SAID SW 1-4 OF
THE SW 1-4 FOR 217.56 FT; THENCE S 32 DEG 52 MIN 33 SEC W FOR 148.55 FT TO INTERSECT
THE SWLY LINE OF SAID LOT 16, ALSO BEING THE NELY LINE OF THE RIGHT OF WAY OF
MEADOWV ALE ED (ALSO KNOWN AS CO RD 44); THENCE RETURN N 32 DEG 52 MIN 33 SEC E,
SAID LINE TO BE HEREAFTER KNOWN AS LINE "E" FOR THE PURPOSES OF THIS DESC, FOR
200 FT; THENCE N 25 DEG 39 MIN 20 SEC W FOR 150 FT TO A PT TO BE HEREAFTER KNOWN
AS PT "C" FOR THE PURPOSES OF THIS DESC; THENCE S 32 DEG 52 MIN 33 SEC W, PARA
WITH SAID LINE "E", FOR 286.84 FT TO INTERSECT SAID SWLY LINE OF LOT 16, SAID PT OF
INTERSECTION ALSO BEING THE ACT PT OF BEG OF THE LAND TO BE HEREBY DESC;
THENCE RETURN N 32 DEG 52 MIN 33 SEC E FOR 286.84 FT TO SAID PT "C"; THENCE N 0 DEG
19 MIN 15 SEC W FOR 56 FT TO A PT TO BE HEREAFTER KNOWN AS PT "F" FOR THE
PURPOSES OF THIS DESC; THENCE S 89 DEG 39 MIN 42 SEC W PARA WITH SAID S LINE OF
THE SW 1-4 OF THE SW 1-4 FOR 181.38 FT, MORE OR LESS, TO INTERSECT A LINE 163.47 FT
SELY OF, AS MEAS AT RIGHT ANGLES TO THE ELY LINE OF THE DULY RECORDED PLAT OF
MCCHESNEY INDUSTRIAL PARK; THENCE S 14 DEG 09 MIN 41 SEC W PARA WITH SAID ELY
LINE OF MCCHESNEY INDUSTRIAL PARK FOR 258.62 FT TO INTERSECT SAID SWLY LINE OF
LOT 16, AUDITORS SUBD 3; THENCE SELY ALONG SAID SWLY LINE OF LOT 16, ALSO BEING
SAID RIGHT OF WAY OF MEADOWVALE RD, & A CURVE CONCAVE TO THE SW RADIUS 2844
FT, FOR A CENTRAL ANGLE OF 2 DEG 00 MIN 52 SEC & LENGTH 100 FT, MORE OR LESS, TO
THE PT OF BEG. SECT:28 TWP:33 RANG:26 ACRES:.57
75-128-3206
CERIFAA THAT PT OF SW 1-4 OF SW 1-4 DESC IN INST 144465: ALL THAT PT OF LOT 16,
AUDITOR'S SUBD #3, VILLAGE OF E R & OF THE SW 1-4 OF SW 1-4 DESC AS COM AT THE SE
COR OF SAID SW 1-4 OF SW 1-4; THENCE S 89 DEG 39 MIN 42 SEC W, ASSUMED BEARING,
ALONG THE S LINE OF SAID SW 1-4 OF SW 1-4 FORA DIST OF 217.56 FT; THENCE S 32 DEG 52
MIN 33 SECW A DIST OF 148.55 FT, MORE OR LESS, TO INTERSECT THE SW'LY LINE OF SAID
LOT 16, AUDITOR'S SUBD #3, ALSO BEING THE NE'LY LINE OF THER OF W OF MEADOWVALE
RD (ALSO KNOWN AS CR 44), SAID PT OF INTERSECTION BEING THE ACTUAL PT OF BEG OF
THE PROPERTY TO BE HEREBY DESC: THENCE N 32 DEG 52 MIN 33 SEC E A DIST OF 200 FT;
THENCE N 25 DEG 39 MIN 20 SEC W A DIST OF 150 FT; THENCE N 0 DEG 19 MIN 15 SEC W A
DIST OF 568 FT, MORE OR LESS, TO INTERSECT THE S'L Y LINE OF THE R OF W OF THE
BURLINGTON NORTHERN, INC, A RAILWAY; THENCE SE'LY ALONG SAID RAILROAD RIGHT
OF WAY A DIST OF 300 FT, MORE OR LESS TO INTERSECT THE E LINE OF SAID SW 1-4 OF
THE SW 1-4 OF SEC 28; THENCE S'LY ALONG SAID E LINE OF THE SW 1-4 OF SW 1-4 & ALONG
THE E LINE OF SAID LOT 16, AUDITOR'S SUBD #3 TO THE SE COR OF SAID LOT 16, BEING A
PT ON SAID NE'LY LINE OF THE R OF W OF MEADOWVALE RD; THENCE NW'LY ALONG SAID
NE'LY LINE OF THE R OF W OF MEADOWVALE RD A DIST OF 353 FT; MORE OR LESS, TO THE
PT OF BEG SECT:28 TWP:33 RANG:26 ACRES: 4.00
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fIll River
AGENDA ITEM 15
MEMORANDUM
TO: PLANNING COMMISSION
FROM: GARY SCHMITZ, PLANNING ASSIST. c,'-d-
DATE: APRIL 26,1994
SUBJECT: REZONING REQUEST BY ROSE KARN,
PUBLIC HEARING, CASE NO. ZC 94-04
REQUESTED ACTION
Consider rezoning approximately 5 acres from II (Light Industrial) to R3
(Townhouse/ Multi Family Residential).
LOCATION
North of Meadowvale Road, east of McChesney Industrial Park
.
ATTACHMENTS
Location Map, Zoning Map, Proposed Zoning Map, Property Owners List
OVERVIEW
Rose Karn is requesting rezoning approximately 5 acres of property along the
north side of Meadowvale Road from Ll (Light Industrial) to R3 (Townhouse/
Multi Family Residential). The rezoning request involves four (4) parcels,
which are owned by two individuals. The applicant owns two (2) parcels from
which there is a single family home. Harold Gramstad owns the other two (2)
parcels from which there are two (4) unit apartment buildings and associated
detached garages. A large wetland encompasses the rear of the Gramstad
property. Both the single family home and the apartment building are
currently zoned Ll (Light Industrial). The Ll zoning district does not allow
residential uses as a permitted or conditional use. Therefore, the single
family home and apartment building are considered a legal non-conforming
use.
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P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Karn, Zone Change
April 26, 1994
Page 2
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BACKGROUND
Four years ago the Karn's purchased their home with the understanding that
the property was zoned residential. The Karn's have recently put their home
up for sale and during an appraisal of the property, it was discovered that the
property was zoned industrial rather than residential. The problem this
causes is that if over 50% of the home is destroyed, it could not be rebuilt for
residential purposes. This makes selling the home very difficult because
lending institutions may have reservations about granting a loan for this
type of situation. The Karn's would like to rezone the property to R3
(Townhouse/ Multi Family Residential), which would allow single family
homes as a permitted use and removed the non-conforming use status.
SITE CHARACTERISTICS
.
This site is encompassed by a thin strip of vacant R3 zoned property to the
east, industrial zoning to the north and west, and single family residential
zoning to the south. The subject property is characterized by a strip of
buildable ground along Meadowvale Road with the bulk of the property
consisting of wetlands to the rear of the parcel. Mr. & Mrs. Karn propose
extending the R3 zoning district boundaries east along Meadowvale Road to
encompass both the two (4) unit apartment buildings and the single family
home (see the attached zoning map).
ZONING
If this property is rezoned to R3, permitted uses for this particular zoning
district include single family homes, duplexes, townhouses, and multi family
dwellings (maximum 12 units per structure). Light industrial zoned districts
allow permitted uses such as offices, light manufacturing, enclosed storage
and warehouse units, etc.
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It is staffs opinion that this site would be better suited for an R3 zoning
designation. The existing use of the properties also better reflect the R3
zoning designation. The strip of buildable ground along Meadowvale Road
would be better suited for residential development versus industrial uses
due to the small amount of buildable ground. Staff envisions townhouses,
duplexes, and small apartment buildings being built along Meadowvale
Road, which could take advantage of the large wetland to the rear of the
property. The R3 zoning district could also offer a buffer between the
industrial users to the west and north, and to the single family homes to the
south.
karn. planning
Karn, Zone Change
April 26, 1994
Page 3
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RECOMMENDATION
Staff recommends approval of rezoning the 5 acres site from L1 (Light
Industrial) to R3 (Townhousel Multi Family Residential) based on the
following findings:
1. Times and conditions have changed to warrant the rezoning to offer a
buffer to the industrial property to the north and west, and to the
single family residential zoned property to the south.
2. Due to the thin strip of buildable ground along the large wetland in the
rear of the parcels, the residential zoning would provide a better, more
compatible use for this property by taking advantage of the natural
amenities.
3. The rezoning will be in compliance with the comprehensive land use
plan designation.
.
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ELK. RIVER, .N
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RUDE, MARWOOD & MAR.! 1921 VALE AVE N
JQYNSON, KEITH E & M 1923 VALE AVE N
MCCHES~EY, GERALD &J 1933 6TH IN NW
MCCHESNEY, GERALD ~J 1933 6TH IN ~w
OROEGEMUELLER, THOMA 5920 SHERIDAN A
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