7.1. 7.2. 7.3. & 7.4. SR 01-23-1995
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ITEMS 7.1., 7.2.,
7.3. & 7.4.
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MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
GARY SCHMITZ, PLANNING ASST. &v1
JANUARY 23, 1995
SUBJECT: FINAL AND PRELIMINARY PLAT,
CONDITIONAL USE PERMIT &
VARIANCE REQUEST BY DENNIS
CHUBA/PUBLIC HEARING, CASE NO.
P 94-12, CU 94-35, AND V 94-16
FROM:
DATE:
REQUESTED ACTION
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(A) Preliminary Plat approval to subdivide 1.4 acres into five (5) industrial
lots
(B) Conditional Use Permit for a zero lot line development
(C) Variance to the minimum lot size in the II zoning district
(D) Final Plat Resolution No. 95-_
LOCATION
The corner of Vernon Street and Elk Lake Road; Lot 2, Block 1, Meadowvale
Commercial Park.
ZONINGILAND USE
II (Light Industrial) / LI (Light Industrial)
ATTACHMENTS
December 27,1994 memo to the Planning Commission
BACKGROUND
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The final and preliminary plat submitted by Dennis Chuba is a replat of Lot
2, Block 1, Meadowvale Commercial Park. The Meadowvale Commercial
Plat was platted in 1993 into three industrial parcels. All the improvements
in terms of grading, drainage, utilities, landscaping, etc. were implemented
13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425
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with the Meadowvale Commercial Plat. Therefore, these improvements will
not be part of the Vernon Plaza Subdivision. The proposed plat is being
developed to accommodate a zero lot line development which would allow
individual ownership of each unit. A zero Lot line development is a
conditional use in the I-I zoning district. This proposal will also require a
variance because individual parcels do not meet the minimum lot size of one
acre for parcels in the II (Light Industrial) zoning district. The details of this
request are included in the attached memo to the Planning Commission.
Staff is also proposing to process the final plat in conjunction with the
preliminary plat due to the fact this is a relatively simple request with no
changes proposed from the preliminary plat.
PLANNING COMMISSION MEETING
At the December 27, 1994 Planning Commission meeting, the Commission
concurred with staffs findings and recommended approval of the preliminary
plat, conditional use permit and variance request. However, the Planning
Commission did recommend staff research an ordinance amendment which
would allow townhouse style zero lot line developments without the need for
a varIance.
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or simply request that as a new policy townhouse style zero lot line
developments will no longer be required to go through a variance.
RECOMMENDATION
Staff recommends approval of the following:
A. Preliminary Plat to subdivide 1.4 acres into five industrial lots with
the following conditions:
1. Association documents for the office building and common space
be reviewed by the City Attorney and recorded with Sherburne
County.
2. A separate document be recorded with Sherburne County,
dedicating the common area of Lot 1, Block 1, Vernon Plaza, for
drainage and utility easement purposes.
B.
Conditional Use Permit request for a zero lot line development based
on the seven criteria for granting a conditional use permit with the
following condition:
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council:p94-12
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1.
All common walls be constructed to meet the separation
requirements as set forth in the Uniform Building Code.
C. A Variance to the minimum lot size based on the following findings:
1. Literal enforcement of the ordinance would cause hardship to
the applicant as a result of a miscommunication of the intent of
the ordinance requirements currently in effect, and that the
intent of the Planning Commission and City Council is to modify
the ordinance to allow such developments in the future,
therefore, making the request a legal, conforming request in
the future.
2. Literal enforcement of the ordinance would cause hardship since
the intent of the ordinance is not to mandate ownership of land
but to direct land use.
3. Reducing the individual lot size does not increase the density of
the development or modify the construction of the building.
4.
The variance will not be injurious or adversely affect the health,
safety, or welfare of the residents of the City or the
neighborhood in which the property is situated and will be
keeping with the spirit and intent of the ordinance.
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D. Resolution No. 95- _ approving final plat for Vernon Plaza with the
conditions as set forth in Exhibit B.
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ITEMS 5.1., 5.2. & 5.3.
MEMORANDUM
TO:
PLANNING COMMISSION
GARY SCHMITZ, PLANNING ASST. (;; ~
DECEMBER 27,1994
SUBJECT: PRELIMINARY PLAT, CONDITIONAL
USE PERMIT, AND VARIANCE
REQUEST BY DENNIS CHUBA/PUBLIC
HEARING, CASE NO. P 94-12, CU 94-35
AND V 94-16
FROM:
DATE:
REQUESTED ACTION
A. Preliminary plat to subdivide 1.4 acres into 5 industrial lots
B. Conditional use permit for a zero lot line development
C . Variance to the minimum lot size in the 1-1 zoning district
LOCATION
The corner of Vernon Street and Elk Lake Road, Lot 2, Block 1, Meadowvale
Commercial Park.
ZONINGILAND USE
1-1 (Light Industrial) / LI (Light Industrial)
ATTACHMENTS
Location Map, Zoning Map, Preliminary Plat
BACKGROUND
The preliminary plat submitted by Dennis Chuba is a replat of Lot 2, Block 1,
Meadowvale Commercial Park. The Meadowvale Commercial Plat was
platted in 1993 into three industrial parcels. All the improvements in terms
of grading, drainage, utilities, landscaping, etc. were implemented with the
Meadowvale Commercial Plat. Therefore, these improvements will not be
part of the Vernon Plaza Subdivision. The proposed plat is being developed
.13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425
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to accommodate a zero lot line development which would allow individual
ownership of each unit. A zero Lot line development is a conditional use in
the 1-1 zoning district. This proposal will also require a variance because
individual parcels do not meet the minimum lot size of one acre for parcels in
the II (Light Industrial) zoning district.
ANALYSIS
Vernon Plaza is proposed to be subdivided into five (5) parcels with a zero lot
line. Lot 1 would be considered common area and contain the existing
parking lot and drives. Currently, the applicant has constructed an office
complex on proposed Lots 2 and 3. The office building consists of Mr. Chuba's
office and an office for Country Lumber. Each office was constructed with the
plan for a future zero lot line. Therefore, the existing buildings meet the
separation requirements as required by the Uniform Building Code. If the
plat is approved, two additional offices will be constructed on Lots 4 and 5.
VARIANCE
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The site is zoned II (Light Industrial) which requires a minimum lot size of 1
acre. Lots 2 through 5 range in size from 4,332 sq. ft. up to approximately
10,000 square feet. Staff feels the applicant can demonstrate hardship
because the plat is being developed into a zero lot line development similar to
a townhome development with common land area. Reducing the individual
lot sizes does not increase the density of the plat, but simply allows for
individual ownership. The applicant could develop the property without the
need for a variance if is wasn't a zero lot line development.
CONDITIONAL USE PERMIT
A conditional use permit is required due to the zero lot line proposal which is
a conditional use in the II zoning district. Lots 2 through 5 will have a
common wall separating the individual units. A condition of approval will be
that all common walls be constructed to meet the separation requirements as
set forth in the Uniform Building Code.
PARK DEDICATION
No park dedication is required due to the fact that the property is zoned
Industrial.
RECOMMENDATION
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Staff recommends approval of the following:
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A.
Preliminary Plat to subdivide 1.4 acres into five industrial lots with
the following condition:
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1. Association documents for the office building and common space
be reviewed by the City Attorney and recorded with Sherburne
County.
B. Conditional Use Permit request for a zero lot line development based
on the seven criteria for granting a conditional use permit with the
following condition:
1. All common walls be constructed to meet the separation
requirements as set forth in the Uniform Building Code.
C. A Variance to the minimum lot size based on the following findings:
1. Literal enforcement of the ordinance would cause hardship since
the overall lot size of 1.4 acres exceeds the minimum standard of
1 acre. The smaller lot size simply allows individual ownership
of each unit.
2.
Reducing the individual lot size does not increase the density of
the development.
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3. The variance will not be injurious or adversely affect the health,
safety, or welfare of the residents of the City or the
neighborhood in which the property is situated and will be
keeping with the spirit and intent of the ordinance.
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RESOLUTION NO. 95 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
VERNON PLAZA
WHEREAS, application has been made for final plat approval, pursuant to
Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property
legally described on attached Exhibit A and hereinafter referred to as "the
Property"; and
WHEREAS, the application for preliminary plat approval has been referred
to the Planning Commission which has given its advice and recommendation to
the City Council; and
WHEREAS, a preliminary plat of the Property was approved by the City
Council on January 23, 1995; and
e WHEREAS, the proposed final plat is consistent with the preliminary plat
as approved by the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions
set forth by the City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, as follows:
1. It is hereby determined by the City Council for the City of Elk River as
follows:
A. The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
B. The proposed subdivision is consistent with all applicable general
and specialized city, county, and regional plans including, but not
limited to, the City's Comprehensive Development Plan.
C.
The physical characteristics of the site, including , but not limited
to, topography, soils, vegetation, susceptibility to erosion and
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siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
D.
The proposed subdivision makes adequate provision for water
supply, storm drainage, sewage transportation, erosion control and
all other services, facilities and improvements otherwise required
herein.
E.
The proposed subdivision will not cause substantial environmental
damage.
F.
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
G.
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
3.
The officers of the City are hereby authorized, once the conditions set
forth in Exhibit B are met and complied with, to sign the final plat for the
Property and to issue a certified copy of this Resolution giving final
approval of the plat.
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4. The owner of the Property is authorized to record the final plat as required
by law and shall file proof of said recording with the City. No building
permits will be issued for the Property until the final plat is recorded.
5. This final plat approval shall expire two years from the date of this
resolution if the final plat is not recorded within that time.
The foregoing resolution was introduced by Council Member
and duly seconded by Council Member
. The following voted in favor of the Resolution.
The following voted against the Resolution:
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The following were absent:
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WHEREUPON the resolution is adopted.
Passed and adopted this _ day of
,1995
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
Henry Duitsman, Mayor
CERTIFICATE
I, the undersigned, being the duly qualified and acting Clerk of the City of
Elk River, Minnesota, hereby certify that the above resolution is a true and
correct copy of the resolution as adopted by the City Council of the City of Elk
River on , 1995.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this _ day of , 1995.
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Sandra Thackeray, City Clerk
The foregoing instrument was acknowledged before me this _ day of
, 1995, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
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Notary Public
Page 3
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 1995, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
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LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
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EXHIBIT A
Lot 2, Block 1, Meadowvale Commercial Park
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EXHIBIT B
1.
Association documents for the office building and commonspace be
reviewed by the City Attorney and recorded with Sherburne County.
2.
A separate document be recorded with Sherburne County,dedicating the
common area of Lot 1, Block 1, Vernon Plaza, for drainage and utility
easement purposes.
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