7.9. SR 05-16-1994
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AGENDA ITEM 7.9
MEMORANDUM
FROM:
MAYOR AND CITY COUNCIL
GARY SCHMITZ, PLANNING ASSIST. ~a.0
TO:
DATE:
MAY 16,1994
SUBJECT: ADMINISTRATIVE SUBDIVISION AND
CONDITIONAL USE PERMIT
REQUEST BY JAMES ROSSMAN,
PUBLIC HEARING, CASE NO. AS 94-03
AND CU 94-06
ISSUE
This request is in two parts: 1) a conditional use permit for a zero lot line
development for a shared drive and; 2) an administrative subdivision to
divide Mr. Rossman's existing parcel.
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LOCATION
406 Main Street, Elk River
ZONINGILAND USE
C2 (Office District)! CB (Central Business)
ATTACHMENTS
Report to City Council dated April 18, 1994
BACKGROUND
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At the April 18, 1994, City Council meeting James Rossman proposed a
conditional use permit for a zero lot line development for a shared drive and
an administrative subdivision to his existing parcel. One of the conditions
place on the administrative subdivision was that a detached garage located
on parcel B be removed and placed on parcel A prior to the recording of the
administrative subdivision. The applicant requested that the detached
garage be allowed to remain on parcel B until this site develops. Mr.
Rossman also mentioned that it could only be used by the adjoining residents
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P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Rossman, Adm. Sub. & CU
May 16, 1994
Page 2
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at 406 Main Street. After a lengthy discussion, the City Council tabled this
item and directed staff to research this issue with the City Attorney.
ANALYSIS
Mter discussion with City Attorney Peter Beck, it was determined that any
subdivision of property must be consistent with the zoning ordinance and
conform with all of its requirements. Section 900.20, paragraph 3(a) of the
zoning ordinance, titled "Accessory Buildings" states that no accessory
building or structure shall be constructed on any residential lot prior to the
time of construction of the principal building to which it is accessory.
Allowing the detached garage to remain on parcel B after the administrative
subdivision is recorded would be a violation of the zoning ordinance and, in
turn, could not be allowed by the subdivision ordinance. Therefore, staff is
recommending the garage be moved prior to the recording of the
administrative subdivision.
RECOMMENDATION
Staff recommends approval of the administrative subdivision with the
e following conditions:
1. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT
OF $1,500 BE PAID TO THE CITY PRIOR TO RECORDING.
2. THE DETACHED GARAGE ON PARCEL B BE REMOVED
AND PLACED ON PARCEL A PRIOR TO THE RECORDING
OF THE ADMINISTRATIVE SUBDIVISION.
The Planning Commission and staff recommend approval of the conditional
use permit request with the following conditions:
1. THE APPLICANT PROVIDE THE CITY WITH PROOF OF
RECORDING OF A CROSS EASEMENT AGREEMENT
BETWEEN THE TWO (2) PARCELS.
2. CONCRETE CURB AND GUTTER BE REQUIRED FOR THE
DRIVE AND PARKING AREA FOR PARCEL B.
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ITEMS 6.6. & 6.7.
MEMORANDUM
TO:
MAYOR & CITY COUNCIL
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FROM:
GARY SCHMITZ, PLANNING
ASSISTANT
DATE:
APRIL 18, 1994
SUBJECT: ADMINISTRATIVE SUBDIVISION AND
CONDITIONAL USE PERMIT
REQUEST BY JAMES ROSSMAN/PH
CASE NO. AS-94-03 AND CU-94-06
ISSUE
This request is in two parts; 1.) a conditional use permit for a shared drive
zero lot line development and 2.) an administrative subdivision to divide Mr.
Rossman's existing parcel.
LOCATION
406 Main Street
ZONINGILAND USE
C2/0ffice District
CB/Central Business
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ATTACHMENTS
Letter from applicant.
March 22, 1994, memo to the Planning Commission.
BACKGROUND
Jim Rossman is requesting an administrative subdivision to subdivide his
existing lot into two parcels. Parcel A will measure approximately 115 feet
by 165 feet, and Parcel B will measure approximately 70 feet by 165 feet.
The proposed development for the new parcels involves a zero lot line for a
shared 24 foot wide driveway which can be accommodated through a
conditional use permit. The Planning Commission only reviewed the
conditional use permit for the zero lot line shared drive. Please refer to the
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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March 22, 1994, Planning Commission memo for the details of the
conditional use permit.
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ADMINISTRATIVE SUBDIVISION
Mr. Rossman is requesting an administrative subdivision to subdivide his
existing lot into two lots approximately 70 feet by 165 feet and 115 feet by
165 feet. The site is zoned C-2 which does not have a minimum lot size or
width requirement. If the administrative subdivision is approved, the
applicant is proposing to build a 28 foot by 48 foot office building on Parcel B.
Currently there is an attached garage located on Parcel B which the
applicant is proposing to move to Parcel A. Office buildings are a permitted
use in this zoning district, therefore, the details of the site plan such as
landscaping, drainage, and architectural standards will be reviewed prior to
building permit application. It is anticipated that this building will meet the
architectural standards of other buildings along Main Street.
CONDITIONAL USE PERMIT
The applicant and staff worked together on a layout of the two properties .
which would be beneficial to both the applicant and the City and would
provide for the efficient development of the site. The applicant has written
staff a letter expressing his desire that the administrative subdivision and
conditional use permit for a shared drive be treated as separate requests.
The applicant does not want to limit his options for the development of Parcel
B. Staff feels that a shared access for each lot is the most efficient layout of
the site, however, we would not rule out other options at the time of building
permit application. t!1..
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CURB AND GUTTER
In order to remain consistent throughout this part of Main Street, staff is
proposing that the applicant use concrete curb and gutter along the drive and
parking area of Parcel B. This condition is being added to remain consistent
throughout this area.
PLANNING COMMISSION MEETING
The Planning Commission unanimously recommended approval of the
conditional use permit for a 24 foot wide shared drive. There were no
comments from the public concerning this request.
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RECOMMENDATION
Staff recommends approval of the administrative subdivision with the
following conditions:
1. Payment of Park Dedication Fees in the amount of $1500 per acre be
paid to the City prior to recording.
2. The detached garage on Parcel B be removed and placed on Parcel A
prior to the recording of the Administrative Subdivision.
Lastly, the Planning Commission and staff recommend approval of the
conditional use permit request with the following condition:
1. The applicant provide the City with proof of recording of a cross
easement agreement between the two parcels.
2. Concrete curb and gutter be required for the drive and parking area for
Parcel B.
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3-23-94
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To: Gary Schmitz
Planning Assistant
City of Elk River
From: James P. Rossman
406 Main st.
Elk River, Mn 5330
Subject: Conditional Use Permit
and Administrative Subdivision
for my Property at 406 Main st.
Dear Gary:
I would like to clarify a statement that was made in your
memorandum to the Planning Commission on 3-22-94 regarding
my property.
The shared driveway concept was created so that I would have
enough area to comfortably build a 28' wide building towards
the front of the lot, instead of building at the rear of the
lot with the parking lot in front. I am sorry but I never
discussed traffic safety as a purpose for a shared driveway.
The property currently has two curb cuts. One curb cut is
on the proposed lot and it is well over 24'wide. The other
curb cut is on the portion that will remain with the
existing building. I have run my business for well over two
years from this site and have never had a problem with
traffic safety.
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When we approach the City Council on this matter I would
like it understood that the Conditional Use Permit was
applied for so that I would have more options when the
Concept Review Committee reviews my layout for the lot. By
no means do I intend to limit the future development of the
new lot to only the concept of a shared driveway. We don't
know what the future holds for any of us. with this in
mind, if I were limited to only a shared driveway, I could
be deprived of the rights enjoyed by other property owners
in my same district.
I would appreciate it if your staff would recommend approval
of the Administrative Subdivision without the requirement of
a Conditional Use Permit as a prerequisite for the proposed
subdivision.
I would also appreciate it if your recommendation to the
City Council stated that if the Concept Review Committee
approves a final development plan with a shared driveway,
that a Cross Easement Agreement between the two parcels is
recorded.
Sincerely,
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James P. Rossman
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ITEM 11
1\1EMO RAND UM
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TO: PLANNING COMMISSION
GARY SCHMITZ, PLANNING ASSIST. G '""--d--
FROM:
DATE:
MARCH 22,1994
SUBJECT: CONDITIONAL USE PERMIT
REQUEST BY JAl\1ES ROSSMAN,
PUBLIC HEARING, CASE NO. CU 94-06
ISSUE
A conditional use permit for a zero lot line development for a shared 24 foot
wide driveway.
LOCATION OF REQUEST
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406 Main Street. A complete legal is available at City Hall.
ATTACHMENTS
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Location map, zoning map, site plan, property owners list.
BACKGROUND
Jim Rossman is requesting an administrative subdivision to subdivide his
existing lot into two lots (70' x 165' and 115' x 165'). The proposed
development for the new parcels involves a zero lot line for a shared 24 foot
wide driveway, which can be accommodated through a conditional use
. permit. Since the administrative subdivision is only subject to City Council
review, the Planning Commission will be limited to reviewing the
conditional use permit for a zero lot line.
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:Mr. Rossman currently operates his mortgage business from this site out of
the existing home. If the administrative subdivision is approved, the
applicant is proposing to build a 28 x 48 foot office building on the new
parcel. Office buildings are a permitted use in the C-2 zoning district,
therefore, site plan issues such as landscaping, drainage, architectural
standards, etc., will be reviewed by the Concept Review Committee prior to a
P.O. Box 490 · 13065 Orono Parbl,'ay · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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James Rossman, CUP
1\1arch 22, 1994
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building permit being issued. The Planning Commission is asked to review
the overall concept of the zero lot line for a shared drive. The site plan
information is included with the zero lot line application to show the
Commission how the shared drive will tie in with the overall development of
this site.
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SHARED ACCESS
Originally, the applicant proposed separate curb cuts for each building
however, staff and the applicant came to the consensus that a shared access
could serve both sites effectively while increasing traffic safety.
As stated earlier, the applicant is proposing a 24 foot wide shared driveway
which would bisect and service the existing mortgage building plus the
proposed office building. The applicant and staff have worked together to
achieve a layout for both parcels which would provide efficient development
of each site.
CROSS EASEMENT AGREEMENT
If this proposal is approved, staff would recommend a cross easement e
agreement be entered into for shared access of the driveway. Although, at
.this time, both parcels are owned by the same individual, a cross easement
agreement is needed to ensure that future property owners are protected.
RECOMJ\ffiNDATION
Staff recommends approval of the conditional use permit request for a zero
lot line shared driveway based on the seven criteria for granting a conditional
use permit with the following conditions:
1. THE APPLIC.WT PROVIDE THE CITY 'WITH PROOF OF
RECORDING OF A CROSS EASE1\1ENT AGREEME:NT BETWEEN
THE TV,TO P AR~ELS.
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LOCATION MAP
CASE. CU 94-06
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Wright Title Guarantee Co.
429 East Main Street
P.O. Box 390
Elk River. Minnesota 55330
(612) 441.5465
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CUARANTY COM
Wallace & Sylvia Nystrom
317 - 3rd Street NW
Elk River, MN 55330
Hugo Meyer
312 Main Street
Elk River, MN 55330
Stanley & Edythe Wheaton
313 - 3rd Street
Elk River, MN 55330
City of Elk River
13065 Orona Parkway
P.o. Box 490
Elk River, MN 55330
Jerome & Delores Bromen
315 - 3rd Street NW
Elk River, MN 55330
David & Carol Peterson (owners)
14217 - l40th Avenue
Becker, MN 55308
Earl N. Peterson (tax payer)'
305 - 3rd Street
Elk River,MN 55330
Norma E. Dunn
311 - 3rd Street NW
Elk River, MN 55330
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Donald S. Ellingson
309 - 3rd Street
Elk River, MN 55330
Ronald J. Hetrick
297 Evans Avenue
Elk River, MN 55330
Lila H. Dehn
307 ~ 3rd Street
Elk River, MN 55330
Virginia Roper
293 Evans Avenue
Elk River, MN 55330
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Virgo, Inc. (owner)
708 Main Street
Elk River, MN 55330
Jerry F. Truhn (tax payer)
426 Main Street
Elk River, MN 55330
Craig Willey
P.o. Box 390
Elk River, MN 55330
Arden N. Krinke
1958 Main Street
Elk River, MN 55330
Virgo, Inc. (owner)
708 Main Street
Elk River, MN 55330
Joey A. Erickson (tax payer)
420 Main Street
Elk River, MN 55330
Virgo, Inc. (owner)
708 Main Street
Elk River, MN 55330
Jerry E. Smith (tax payer)
24860 - l47th Street
Zimmerman, MN 55398
Richard M. Sederberg
414 Main Street NW
Elk River, MN 55330
Daniel Hageseth.
14627 - 190th Avenue
Elk River, ~~ 55330
Dale & Linda Specht (owner)
James & Pat Rossman (tax payers)
406 Main Street
Elk River, MN 55330
Donald Driessen
324 Main Street ~w
Elk River, MN 55330
David & Lois Larson (o~~ers)
18039 - 32lst Avenue
Princeton, MN 55371
Cecil A. Wright (tax payer)
408 - 2nd Street
Elk River, MN 55330
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v\1right Title Guarantee Co.
429 East Main Street
P.O. Box 390
Elk River. Minnesota 55330
(612) 441-5465
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STEWART TITLE
Ct;ARANTY COMPANY
Thomas J. & Laura A. Hickey
9250 - 164th Lane
Ramsey, MN 55303
Lawrence Fournier (owner)
no address shown
Douglas & Doris Holmgren (tax payers)
363 Gates Avenue NW
Elk River, MN 55330
Robert & Roberta Nickerson
426 - 3rd Street NW
Elk River, MN 55330
Timothy J. Kratzke
373 Gates Avenue NW
Elk River, MN 55330
Delaine A. Kreuser
13764 - 95th Street NE
Elk River, MN 55330
Melkoir Kraljic (owner)
no address shown
Ivanka Kraljic
502 - 3rd Street
Elk River, MN 55330
Oak Crest Partnership
Box 1445 E Highway 23
P.o. Box 6146
St. Cloud, MN 56302
Kenneth & Bernice Pipenhagen
326 Gates Avenue .
Elk River, MN 55330
Joseph & Delores Bickman
18707 - Highway 10 NW
Elk River, MN 55330
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Ronald G. Sharp
331~ Irving Avenue NW
Elk River, MN 55330
Davis-Darrow-Meyer (owners)
no address shown
American Legion Post 112 (tax payer)
Box 26
Elk River, MN 55330
Richard M. & Jodi Homan
419 - 3rd Street NW
Elk River, MN 55330
Donald & Pamela Kringlund
515 - 3rd Street NW
Elk River, MN 55330
Al & Betty Lefebure
413 - 3rd Street ~w
Elk River, MN 55330
M. Lamm & P. Powell (owners)
Blaise Kraljic (tax payer)
503 - 3rd Street NW
Elk River, MN 55330
Judith M. Dean (owner)
403 - 3rd Street
Elk River, MN .55330
Judith M. Weber (tax payer)
403 - .jrd Street
Elk River, MN 55330
Ervin Eull
504 Main Street
Elk River, MN 55330
Donald & Yvonne Wimperis
430 Main Street
Elk River, MN 55330
Arnold J. Trombley
321 - 3rd Street NW
Elk River, MN 55330
.
Lawrence Donais
529 - 4th Street NW
Elk River, MN 55330
Eugene & Delaine Kreuser
13764 - 95th Street NE
Elk River, MN 55330
Paul D. & Mary Henderson
517 - 4th Street ~~
Elk River, MN 55330
Irma Jenne
319 - 3rd Street NW
Elk River, MN 55330
Page Two
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Wright Title Guarantee Co.
429 East Main Street
P.O. Box 390
Elk River. Minnesota 55330
(612) 441-5465
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STEWART TIT.
CUARI\NT'V COMPA
Arnie Billmark
9420 Ermine Blvd. NW
Anoka, MN 55303
Dennia Chuba
317 Main Street
Elk River, MN 55330
D. Chuba & M. VanPatten
20455 Meadowvale Road
Elk River, MN 55330
Richard M. Wester
310 - 2nd Street NW
Elk River, MN 55330
Rickey Larson
324 - 2nd Street
Elk River, ~m 55330
Mollie Blackburn
302 - 2nd Street NW
Elk River, MN 55330
The above names and addresses are 350 feet around the following legal
description:
Lots 11 and 12, Block 1, Auditor's Subdivision No.5, Village of Elk River, ~
Sherburne County, Minnesota.
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Together with that part of the Northwest Quarter of the Southeast Quarter of
Section 34, Township 33, Range 26 lying East of Block 1, West of Block 2,
Northerly of the Easterly extension of the South line of said Block 1 and
Southerly of the Easterly extension of the North line of Lot 7 of said Block
1 of Auditor's Subdivision No.5.
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