4. BASR 12-11-2007~J~
City of
Elk -~-,
River
REQUEST FOR ACTION
~'~ ~ ~~
To Item Number
Board of Adustments 4
Agenda Section Meeting Date Prepared by
Planning Items December 11, 2007 Sheila Cartney, Senior Planner
Item Description Variance to setback requirements for Sonic Reviewed by
Restaurant Case# V07-09 erem Barnhart, Plannin Mana er
Reviewed by
Action Requested
1. Staff recommends that the Board of Adjustments approve the variance request to allow a five
foot side yard setback to the drive aisle on the west side of the building, as illustrated on
drawings dated received December 3, 2007, with the following conditions:
1. All comments of the City Engineer's memo dated December 4, 2007 shall be
addressed.
2. Approval of a Conditional use Permit for Sonic.
Background/Discussion
The applicant proposes a Sonic Restaurant on the former Burger Time site on Main Street. There are
currently no Sonic's in the state of Minnesota. Sonic, a franchise with over 3,000 locations, is a drive-in
restaurant where orders are taken at your car through an ordering device much like those in drive-thrus
and drive-ins. An attendant will bring the food out to the car and typically the food is consumed in the
car. Sonic is known for a wide variety of menu items and specialty beverages. There is also adrive-thru
typically seen m a fast food setting and there is a patio area that will take walk up orders. There is no
seating indoors.
A Conditional Use Permit (CUP) is required for this type of restaurant in the C-3 zoning district;
although Burger time operated on this site for several years, no CUP is on record. As proposed the
existing Burger Time restaurant will be torn down and replaced with a new building.
Case File: V U7-09
Page 2
Attachments
Memo from City Engineer dated December 4, 2007
Applicant's Narratives
Site Plan(s)
General Information
Sonic Restaurant
A IiCant Loucks Associates
60 Day Rule The application has been deemed complete as of December 3,
2007. The City must take action by February 4, 2007
Re nested Action Conditional Use Permit and Variance
Location and Size Approximately 1 acre at the intersection of Main Street and
Carson Street.
Location Existing Use Land Use Plan Designation Current Zoning
SUbjeCt Vacant Burger Highway Business C-3 Highway
Property Time Restaurant Commercial
NOrth Auto mall Highway Business C-3 Highway
Commercial
SOUth Retail Light Industrial C-3 Highway
Commercial
East Super America Highway Business C-3 Highway
Commercial
West Fairview Clinic Highway Business C-2 Office District
Overview
Sonic Restaurant is proposing to locate at the former Burger Time site on Main Street. As proposed the
existing building will be torn down. This type of restaurant requires a Conditional Use Permit in the C-3
zone, because the lot is described via metes and bounds, a plat is required. Staff is processing the preliminary
and final plat at the same time.
Applicable Re4ulations
Tlariance Criteria
7. Literal enforcement of the ordinance will cause undue hardrh~.
S:\PLANNING\Case Files\Variance\V 07-09 Loucks (Sonic)\BA 12.11.doe
Case File: V 07-09
Page 3
Sonic Restaurant
The site after platting the right of way for Main street will be .87 acres, which is a smaller than the site
Burger Time developed on due to platting, and smaller than the required 1 acre in this district. Literal
enforcement would create hardship due to the City imposed reduction of lot size, limiting the amount of
usable space.
2. The hardshiti is caused b~speczal conditions and circumstances which are peculiar to the proberty and the structure involved
and which are not characteristic of, or ai~blicable to other lands or structure in the .came area
As noted above, the site is smaller than allowed by Ordinance, making it unique in the district. The
existing development has a drive aisle setback of five feet, the applicant is not requesting to decrease this
setback, but is requesting to maintain the five foot setback. This is consistent with present condition of
the site.
3. The sbecial conditions and circumstances are not a consequence of the petitioner's own action or inaction
The City requires the additional right of way, making the lot unique in size.
4. The literal abblication of the provisions of this ordinance would deprive the petitioner o rights enio~ed b oy ther~ro~erties in
the same district under the terms of this ordinance.
The existing use has a five foot side yard setback and has set the precedent for this area. A Sonic
restaurant, due to the building size, is uniquely appropriately suited for the lot, if the variance was not
granted the site might not be developed to the highest intense use for this location.
5. The variance will not be injurious to or adversel~a~fect the health safet oy r zve~are of the residents o the city or the
neighborhood where the proberty is located and will be in keeping with spirit and intent of the ordinance
The variance will not alter the character already established in this area.
Analysis
In general, when reviewing a variance, it is important to review the specific variance within the larger context
of the neighborhood. The variance process was created to allow flexibility when general guidelines are not
appropriate to a given sub area, or neighborhood. In this case, a variance seems appropriate, given the
character of the neighborhood created by the preexisting development on the site, and the City imposed
uniqueness of the property.
Recommendation
Staff supports a variance to the side yard setback on the west side of the site.
Action Motion by Second by Vote
Follow Up
S:\PLANNING\Case Piles\Variance\V 07-09 Loucks (Sonic)\BA 12.11.doc
MEMORANDUM
TO: Sheila Cartney, Senior Planner
FROM: Terry Maurer, Public Works Director
DATE: December 4, 2007
SUBJECT: Sonic Restaurant Site Plan Review
File 226-185P
As requested, we have reviewed the revised submittal package for the Sonic Restaurant
proposed at the intersection of Carson Street and Main Street. The submittal package was
dated November 30, 2007. Based on our review, we would offer the following comments:
1. The developers have changed the traffic flow pattern internally as we had requested.
The closest driveway to the Main Street intersection on Carson Street is now aright-out
only and traffic turning in off of Carson Street must use the northerly driveway.
2. The utility plan has been changed to show connecting to the existing sanitary and sewer
services previously used for the Burger Time Restaurant.
3. There is a Storm Water Pollution Prevention Plan included. It shows a rock driveway
and silt fence around the perimeter of the site, except for the access points. As we
discussed with the developers at our meeting, the Storm Water Pollution Prevention
Plan will need to be submitted in 8 '/z" x 11" format, signed by the engineer, developer
and contractor. We will also require the contractor to install inserts into the existing
catch basins along Main Street, if there are any in close proximity to the site.
4. The site is required to be platted. We would suggest that an additional 12 feet of right of
way along the Main Street frontage be required. The site is more than adequate to
provide this additional right of way and this would provide a space in the future, should
a sidewalk ever deemed to be appropriate along the north side of Main Street. As an
alternative to the additional 12 feet, an easement for sidewalk/ trail purposes would be
acceptable. In addition, we would suggest a limited access symbol be provided on the
plat along the Main Street frontage with the exception, of course, of Carson Street and
the existing driveway.
If you have any questions regarding any of these comments, please contact me.
S:\PLANNING\Case Files\CUP\CU 07-31 Sonic\12 04 07 Engr's comments.doc
Justification for Granting Requested Variance
A 5 foot variance to the 10 foot parking setback is requested along the west property line. The
applicant is proposing to use the same curb line as theme pre-existing "Burger Time" use. Since there
is significant topographic issues related to the property, and that the fact that the existing curb cut is
placed at this setback, significant undue hardship would result if the variance was not granted. All
other setbacks for parking and building are clearly met for this site plan. The applicant proposes the
following findings of fact based on the criteria for granting a variance.
1. That literal enforcement of the ordinance would cause undue (unnecessary,
unavoidable, extreme) hardship.
The literal enforcement of the ordinance would cause undue hardship. Given the
requirements for drive aisle widths and stall depths, and the need for safe and free flowing
traffic circulation, the property and site plan would be compromised. The current 5 foot
setback aligns directly with the existing curb cut to Main Street. Not aligning with the
existing curb cut or moving the curb cut presents new problems.
2. That the hardship is caused by special conditions and circumstances which are peculiar
to the land and the structure involved and which are not characteristic of or applicable
to other lands or structures in the same district.
The hardship is unique to the subject property. The property was originally designed with
the curb cuts and drive aisles in similar configuration to what is being proposed. Given the
topography of the property, locations of the existing curb line and curb cuts, and the desire
for safe, flowing traffic movements the hardship is unique to the subject property and not
characteristic to other properties in the zoning district.
3. That the special conditions and circumstances are not consequence of the applicant's
own action or inaction.
The conditions and circumstances were not caused by the applicant. The conditions relate to
the physical aspects of the topography, location and alignment of existing curb cuts, and
widths and turning radius needs for this type of use.
4. That the literal application of the provisions of the Ordinance would deprive the
applicant of rights enjoyed by other properties in the same district under the terms of
the Ordinance.
Literal application would deprive the applicant of rights enjoyed by others as well as the
previous use/owner, and would diminish the safety and reasonable use of the property.
5. That the variance will not be injurious to or adversely affect the health, safety, or
general welfare of the residents of the City of the neighborhood wherein the property is
situated and will be in keeping with the spirit and intent of the Ordinance.
The variance will not negatively affect the health, safety, or general welfare of the residents
of the City or surrounding neighborhood. Significant investment is proposed in improving
the property, which will have a positive effect on the neighborhood, and provide a quality
service to the City's residents. The proposed variance and use is in keeping with the spirit
and intent of the ordinance. Given the existing conditions, topography, and retaining wall,
the variance will not be noticeable.
Proposed Sonic Restaurant
229 Carson Street NW
Description of Project:
We are proposing the redevelopment of the former Burger Time site and wish to replace it with an exciting new
Sonic Drive-in Restaurant. Sonic restaurants have recently targeted the Twin Cities as a new area of expansion
and the Elk River site is one of the first locations being considered. A highly successful franchise with over
3,000 locations, Sonic is known for a wide variety of menu items and specialty beverages and offers a unique
atmosphere to their patrons.
Hours of Operation:
Sonic's normal operationg hours are Gam-1 lpm Sunday through Thursday and Gam-midnight Friday and
Saturday. 24 hours stores are evaluated on a site-by-site basis. These sites tend to be interstate highway
locations or heavy commercial locations with many late-night businesses in the area.
Number of Employees:
The number of employees varies depending on the shift time, but 4-6 are typical.
Number of Parking Stalls:
The site layout contains a total of 26 parking stalls, but 19 of those are used for serving at the vehicle. Order
boards, with two-way communication, allow patrons to place an order and have it delivered to the vehicle.
Seven parking spaces, primarily for employee use, are included on the north end of the site.
Proposed Screening:
The proposed use is consistent with the current development pattern. No additional screening is included except
for coniferous trees on the northwest corner to screen the employee parking and trash enclosure area.
Proposed Building Materials:
The architectural theme established for Sonic Restaurants is a modern, buy yet nostalgic, interpretation of the
classic American drive-in restaurant. The primary building material, Nichiha (www.nichiha.com) cementitious
panels, are an integral colored, durable building envelope that has astone-like appearance while projecting a
modern image.
Signage:
A mixture of Signage size and locations are being proposed and our application contains more detail on each
sign type. Please refer to the enclosed detail sheets for additional clarification.
Outdoor Storage:
There is no outdoor storage other than the re-use of the existing trash enclosure.
Impact to the Site:
The site will be not be significantly impacted different than the current use. Grading must meet three different
points of connection and will require a short retaining wall in a similar location as currently found on site. No
existing wetlands, or significant trees, are being affected. New landscaping will compliment the new
construction. Access locations on adjacent roads and drives are being kept as-is.
Other Information:
Included in this application is a FAQ document that answers some of the common questions related to Sonic
Restaurants. More information is available at www.sonicdrivein.com.
CITY OF ELK RIVER
BOARD OF ADJUSTMENTS
Regular Meeting
Tuesday, December I I , 2007
6:30 p.m.
Elk River City Hall
ITEM NUMBER
CALL MEETING TO ORDER.
2. CONSIDER December I I, 2007 AGENDA
3. CONSIDER, October 9, 2007 MINUTES
4. Consider Request by Loucks Associates for Setback
Variance for Sonic Restaurant, Public Hearing -Case No. V 07-09
5. OTHER BUSINESS
6. ADJOURNMENT
ACTION
TAKEN
"This agenda is available in alternate formats upon a 72 hour advanced notice. "Auxiliary aids and services are also available upon a 72 hour
advanced notice. Please contact the City Clerk at (763) 635-1000 or email to: cityclerkQci.elk-river.mn.us to make a request. F~camples
of alternate formats may include: large print, Braille, audio tape, etc" F~camples of auxiliary aids may include a sign language interpreter,
assistive listening device, etc."
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