6.3. SR 12-17-2007REQUEST FOR ACTION
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To Item Number
Ci Council 6.3.
Agenda Section Meeting Date Prepared by
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Communi Develo ment December 17, 2007 Chris Leeseber ,Park Planner
-
Item Description Reviewed by
Request by Better Yards & Gardens for Conditional Use Permit erem Barnhart, Plannin Mana er
for Trailer Display and Sales, Public Hearing -Case No. CU Reviewed by
07-30
Action Requested
The applicant would like a Conditional Use Permit to display and sell park model trailer units.
Staff and the Planning Commission recommend the City Council approve the Conditional Use Permit
request with the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
required permits.
2. Front Yard Setback shall be 25-feet.
3. Side Yard Setback shall be 10-feet.
4. The Park Model Trailer Units shall not be used as office space.
5. All electrical services to the units shall meet State Electrical Codes.
6. Only five (5) Park Model Trailer Units shall be on the property at one time.
7. Only two (2) of the allowed Park Model Trailer Units shall visible from Highway 10.
8. If more than five (5) Park Model Trailer Units are to be on site, the applicant shall
apply for an amendment to the Conditional Use Permit.
9. Park Model Trailer Units shall not be greater than 400 square feet.
10. 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 Park
Model Trailer Units.
11. All Park Model Trailer Units shall be parked on an approved surface (not landscaped
areas).
Summary
The applicant, who is the owner of the Better Yards and Gardens Nursery, would like to display and sell
park model trailer units. They do not want to have more than five units on the site at one time.
Planning Commission Discussion
The Planning Commission had no issues with the request as long as the units do not become accessory
structures to the principal use and also agreed they should not be used as office space. The Commission
felt the limitation to the number of units on site (5) and the limitation to the number of units visible from
Highway 10 (3) was appropriate.
S:\PLANNING\Case Files\CUP\CU 07-30 Better Yards & Gardens\Action Requested -Post Planning Comm.doc
The Planning Commission unanimously recommended approval of the request.
Public Comment
No one spoke at the public hearing.
Attachments
• Staff Report to Planning Commission dated December 11, 2007
Action Motion by Second by Vote
Follow Up
S:\PLANNING\Case Files\CUP\CU 07-30 Better Yazds & Gardens\Action Requested -Post Planning Comm.doc
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.2
Agenda Section Meeting Date Prepared by
Plannin Items December 11, 2007 Chris Leeseber ,Park Planner
Item Description Reviewed by
Request by Better Yards & Gardens for Conditional Use Permit erem Barnhart, Plannin Mana er
for Trailer Display and Sales, Reviewed by
Public Hearing -Case No. CU 07-30
Action Requested
Staff recommends that the Planning Commission recommend approval of the Conditional Use
Permit request with the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
required permits.
2. Front Yard Setback shall be 25-feet.
3. Side Yard Setback shall be 10-feet.
4. The Park Model Trailer Units shall not be used as office space.
5. All electrical services to the units shall meet State Electrical Codes.
6. Only five (5) Park Model Trailer Units shall be on the property at one time.
7. Only two (2) of the allowed Park Model Trailer Units shall visible from Highway 10.
8. If more than five (5) Park Model Trailer Units are to be on site, the applicant shall
apply for an amendment to the Conditional Use Permit.
9. Park Model Trailer Units shall not be greater than 400 square feet.
10. 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 Park
Model Trailer Units.
11. All Park Model Trailer Units shall be parked on an approved surface (not landscaped
areas).
Background/Discussion
The existing property is the location of Better Yards and Gardens Nursery. The applicant, who is the
owner of the nursery, would like to display and sell park model trailer units.
Attachments
Location Map
• Memo from Fire Chief dated November 7, 2007
Memo from Plans Examiner dated November 6, 2007
Memo from MnDOT Transportation Planner dated November 9, 2007
Case File: CU 07-30
Page 2
• Applicant's Narrative
• Park Model Trailer Unit Image
Aerials
• Site Images
• Site Plan(s)
General Information
Park Trailer Models
Better Yards and Gardens
Applicant Better Yards and Gardens
60 Day Rule The application has been deemed complete as of November 8,
2007. The City must take action by December 28, 2007
Requested Action Conditional Use Permit
Location and Size Approximately 3.18-acres south of Highway 10 and west of
Cleveland Street.
Location Existing Use Land Use Plan Designation Current Zoning
Subject
Property Commercial Highway Business HB C-3
North Commercial HB C-3
South Residential Rural Residential R1a
East Commercial HB C-3
West Commercial HB C-3
Overview
The C-3 zoning district indicates that Car, RV and marine sales require a Conditional Use Permit.
The applicant would like to display and sell park model trailer units. These essentially are cabins on
trailers, much like a mobile home yet quite smaller, no more than 400 square feet.
The applicant would like to have no more than five park model trailer units on the site. Two units
will be in front for display while the remainder will be back behind the existing accessory building.
The park model trailer units are not going to be used as office space so they do not need to meet any
building code requirements.
Set back requirements for trailers are not defined in the C-3 zoning and accessory structures (which
these are not considered) are not allowed. Staff is treating this application as an expansion of the
principle use, and conversely, Staff would recommend that the trailers meet the 25-foot front yard
S:\PLt1NNING\Case Files\CUP\CU 07-30 Better Yards & Gazdens\CU 07-30_PC.doc
Case File: CU 07-30
Page 3
Park Trailer Models
Better Yards and Gardens
principal structure setback and meet the 10-foot side yard setback. The side yard setback is being
treated as a parking setback. The city allows parking no closer than 10-feet in the C-3 zoning.
No electrical services are being proposed to the units, but should they ever have services provided,
the units shall meet all state electrical codes.
The hours of operation will be the same as the nursery.
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
~. lYlill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
ci y.
2. Wlill be consistent with the comprehensive plan.
3. 1Vill not impede the normal and orderly development and improvement of surrounding vacantproperty.
4. lY/ill be served adequately by and will not adversely a~ect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and
will not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public
thoroughfares.
5. Dill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons orproperty because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. lY/ill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. 1~ill fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in
Section 30-654.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all
of these standards.
Comprehensive Plan
The Highway Business land use is the most intensive form of commercial development in Elk River.
Businesses in this category may be the largest both in terms of size and traffic generation. Market
orientation tends to be regional in nature. Development orientation tends to be toward regional
highways.
This proposal appears to meet the intent of the Highway Business land use.
Transportation
S:\PLANNING\Case Files\CUP\CU 07-30 Better Yards & Gardens\CU 07-30_PC.doc
Case File: CU 07-30
Page 4
Park 'T'railer Models
Better Yards and Gardens
In a preliminary memo dated November 9, 2007 from MnDOT's transportation planner, it is
recommended that the easterly access to US Highway 10 be closed. As the plans that MnDOT
received were vague, staff is working with MnDOT to clarify which access they are referring to.
Respectfully Submitted
Chris Leeseberg
Park Planner /Planner
Action Motion by Second by Vote
Follow Up
S:API,ANNING\Case Files\CUP\CU 07-30 Better Yards & Gardens\CU 07-30_PC.doc
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Location Map
Case Number: CU 07-30 BETTER YARDS & GARDENS
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MEMORANDUM
TO: Sheila Cartney, Senior Planner
FROM: Bruce A. West, Fire Chief
DATE: November 7, 2007
SUBJECT: Site Plan Review Meeting of Tuesday, November 6, 2007
The site plan review committee met on Tuesday, November 6, 2007 and I would like to
make the following comments:
1. Site Plan Review - Dynetic Systems. building expansion Case # SP 07-06
The Site Plan applicant shall ensure the water service to the existing building and the
proposed addition is sized accordingly to supply the existing and proposed fire
protection system for both buildings. The proposed fire lane easement shall meet the
intent and minimum standards as required for a Fire Department access road. I have
had discussion with Public Works Director Terry Maurer about the easement for the
fire lane to ensure access for the fire department. The proposed addition shall meet
all requirements of the 2006 International Fire Code and applicable NFPA standards.
The applicant can contact the Elk River Department Fire Marshal, Cliff Anderson to
answer any further questions.
2. Conditional Use Permit -Better Yards and Garden retail sales and display
The Fire Department has no concerns.
3. Site Plan Review -Evans Meadows Apartments garage .expansion
The Fire Department has no concerns.
4. Conditional Use Permit, variance„~lat -Sonic Restaurant Case # CU 07-31
The applicant shall contact the Elk River Fire Department Fire Marshal, Cliff
Anderson regarding any questions referencing the 2006 International Fire Code.
If you have any other questions, please feel free to call me at the Elk River Fire
Department at 763.635.1105.
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MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
FROM: Terry Zajac, Plans Examiner
DATE: November 6, 2007
SUBJECT: Better Yards and Gardens, Inc. -Request to Display Park
Model Trailers
Upon review of the submittal package for the Better Yards and Gardens, Inc. request to
display park model trailers, I would offer the following comments:
1. If business is to be conducted in any of these park model trailers i.e., used as an office,
then a Building Permit will be required showing foundation anchoring of the proposed park
model used as an office, handicap accessibility requirements including ramp into building,
lever hardware on doors, etc.
2. If electricity is provided to these park model trailers, then an Electrical Permit from the
Minnesota State Board of Electricity is required, along with all inspections done by said
Board of Electricity.
If you have any questions regarding any of these comments, please contact me.
~~'~""ESOj"4yo Minnesota Department of Transportation
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`~oF ~,~SQ° Office Memorandum
Metro Division -Waters Edge
Transportation Planning
1500 West County Road B2
Roseville, MN 55113
November 9, 2007
TO: Sheila Cartney, Senior Planner -City of Elk River
FROM: William Goff
Transportation Planner
Phone: 651-234-7797
Fax: 651-234-7786
SUBJECT: Better Yards and Garden CUP - 9840 US Highway 10, Elk River, Minnesota
Thank you for the opportunity to comment on the proposed Better Yards and Garden Conditional Use Permit
("CUP"). Mn/DOT received the plans on November 5, 2007. The Site Plan Review Committee Agenda Statement
stated that the Mn/DOT response letter was needed by November 6, 2007. Mn/DOT's formal review process takes
approximately 30 days. Since Mn/DOT did not have the time necessary to conduct an adequate formal review, the
following are preliminary comments. These comments do not reflect an official review by Mn/DOT departments.
As plans are refined, we would like the opportunity to review the updated information. In reviewing the enclosed
site plan, the details are very vague and unclear as to where on the site the display and sales area will be. Amore
detailed, engineered site plan is recommended to determine any and all affects on Mn/DOTnght-of--way for the
proposed change in use.
The western access appears to provide reasonable access to and from the nursery/landscaping business. Therefore,
to improve safety for motorists, Mn/DOT will require the closure of the easterly access to US Highway 10 with the
addition on of the outdoor trailer sales lot.
As previously stated, these preliminary comments do not constitute a formal review. Our formal review process
requires submittal of three copies of plats and two copies of site plans to: Development Review Coordinator,
Mn/DOT Metro Planning, 1500 W. County Road B-2, Roseville, MN, 55113. The review process takes
approximately thirty days.
(763) 421-5439
,:
BETTER YARDS & GARDENS, INC.
9840 Highway 10 • Elk River, Minnesota 55330
actober 18, 2007
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
To Whom It May Concern:
I want to apply for a conditional use permit for my property located at 9840 Highway 10 Elk River.
The property is presently a nursery and used for storing equipment and supplies for our
landscaping business. The nursery and landscaping business will continue as is.
We want to add a small number of park model trailers for display at our nursery. These units are on
wheels and will not be hooked up to water or sewer. To be qualified as a park model it cannot be
over 400 square feet. The park models are between ten to twelve feet wide.
There units are an attractive addition to our property. There are a number of camper businesses
along highway 10 between Elk River and Anoka, but they do not cant' park models.
The hours and parking of operation will be the same as the nursery hours. There will be no outside
storage.
The site will not change as far as grading or tree removal. We may do some light landscaping
around the units to make them more attractive.
The benefits to the city are in addition to a more attractive site, are adding another source of
revenue to keep our business successful in the Elk River area.
Any additions to employees will be modest, as we will be using nursery personnel to sell the units.
Sincerely,
Paul Nosbush
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BETTER YARDS & GARDENS, INC.
9840 Highu-cxy 10 •. Elk River, 1Vlinnesota 55330
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