6.13. SR 06-18-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Communi Develo ment
Item Description
Request by City of Elk River, on behalf of Bill Mathews, for a
Conditional Use Permit Amendment, Public Hearing - Case
No. CU 07-15
Meeting Date
une 18, 2007
Item Number
6.13.
Prepared by
erem Barnhart, AICP
Reviewed by
Scott Clark, Community Development
Director
Reviewed by
Action Requested
Approval of a Conditional Use Permit amendment, subject to 16 original conditions pertaining to parking
lot layout.
Background/Discussion
As part of the ongoing YMCA design process, it was determined that an existing prescriptive easement
on the future YMCA property be vacated, in part to clean the title to the land. This prescriptive easement
is used to provide access to Bill Mathews' auto repair and sale business, of which a Conditional Use
Permit was received in 2006. With this determination, staff began discussion with Mr. Mathews to amend
his CUP, specifically the layout of the parking lot.
Financial Impact
N/A
Attachments
· 16 conditions as part of the original Conditional Use Permit
· Revised site plan dated June 12,2007
Overview/ Analysis
The Conditional Use Permit amendment is centered on the layout of the parking lot. With the vacation
of the prescriptive Right-of-Way (ROW), the property line is shifted to the east, creating additional
property for Mr. Mathews. Additionally, the previously approved one way drive aisle on the Mathews site
is reconfigured to permit two way drive aisle with 90 degree parking. The landscaping areas will be
retained, along the perimeter of the parking lot. Access to the Mathews site will be via an access
easement from the YMCA property from the south.
Recommendation
Staff supports the Conditional use Permit application as presented, and recommends approval.
Respectfully Submitted
Jeremy Barnhart
Planning Manager
Action
Motion by _
Follow Up
Second by _
Vote
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Office of the Registrar of Titles
Sh,~rburne County, MN
Doc. No. 39847
Certified filed and/or recorded on
01-23-2007 at 01 :25
Cert.: 6306
Michelle Ashe, Registrar of Titles
B~eputy Fee: $ 46.00
In! '11'11'111111
39847
... . -.,.-,+ ~ _.
STATE OF MINNESOTA
CITY OF ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE
CONDITIONAL USE
PROCEEDINGS
CITY OF ELK RIVER
In the matter of: William Matthews dba Matthews Auto Sales, 13342 Highway 10
(Matthews Properties, LLC - Taxpayer)
Request:
Conditional Use Permit to allow the sale of late model used cars, trucks and classic
cars and classic car restoration, Case No. CU 06-28
ORDER GRANTING
CONDITIONAL USE
Ronald Musich, Owner
The above entitled matter came to be heard before the City Council on the 20th day of
November 2006, on a petition for a Conditional Use pursuant to the City of Elk River Zoning
Ordinance, for the following described property:
See Attached Exhibit
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons:
1. All comments of the City Engineer shall be addressed.
2. The building shall meet all applicable building codes.
3. The building shall meet all applicable fire codes.
4. All vehicles shall be parked on an approved surface (not landscaped areas)
within the property per setback requirements.
5. No vehicles shall be parked in the public right-of-way or on sidewalks.
6. No outdoor storage shall be allowed.
7. All vehicle maintenance and/or restoration shall occur within the building.
8. Trees shall be planted on the property, as indicated on Staff Exhibit "A".
9. All sign permits shall be obtained prior to any signage being installed.
10. Advertising on the vehicles shall be limited to one sign per vehicle not
exceeding 94 square inches.
11. No signage and/or decorations of any type, such as but not limited to,
banners, pennants, festoons, painted windows and balloons shall be allowed
on the vehicles.
12. All for-sale vehicles shall be delivered to the site under their own power.
13. One-way traffic internal to the site will need to be signed accordingly.
14. The remainder of the roof and building shall be painted.
15. The Interim Use Permit at 13479 Business Center Drive shall be revoked six
weeks after a Certificate of Occupancy is issued for the subject property.
16. Site turf shall be established with appropriate irrigation.
DATED this 20th day of November 2006.
s: \PLANNING\Case Files \2006\ClJP\CU 06-28 Matthews \Recording doc.doc
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