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6.2. SR 10-20-2008REQUEST FOR ACTION To Item Number Ci Council 6.2. Agenda Section Meeting Date Prepared by Communi Develo ment October 20, 2008 erem Barnhart, Plannin Mana er Item Description Reviewed by Request by Janet Adams for Conditional Use Permit to Allow Non-Owner Occupied Bed and Breakfast, Case No. CU 08-20 - Reviewed by Public Hearing Action Requested Staff and the Planning Commission recommend approval of the Conditional Use Permit CU 08-20, allowing anon-homeowner occupied bed and breakfast at 931 Main Street, subject to the following four conditions: 1. As a conditional use permit is not a building permit, the applicant shall apply for all require permits. 2. The development shall meet all applicable building and fire codes. The Fire Chief shall verify the location of all fire hydrants, and may require additional hydrants necessary to preserve the health and safety of the residents. 3. Signage may be permitted, provided it is limited to one 4 sq. ft. wall sign and one freestanding sign (4 feet in height, and 8 square feet). Neither sign may be illuminated. 4. No more than five sleeping rooms for guest use. Summary Ms. Adams is requesting conditional use permit approval to operate the existing residence at 931 Main Street as a bed and crafting business. This use is classified as a bed and breakfast, and with the approval of Ordinance 08-09, is a conditional use. The proposal includes no exterior modifications, except for two small signs. There are seven parking stalls on site, including two in the garage. During the original review of the proposed business, (a proposed rezoning in September), adjacent property owners raised concerns relative to additional traffic, parking, the shared use of the driveway, and the neighbors' potential loss of privacy. Staff reviewed these concerns and felt the use appropriate for the property. Full review is outlined in the attached Planning Commission report. Planning Commission Discussion The Planning Commission noted that health department review might be necessary. Commissioners also questioned the shared driveway concern of the neighbor. Staff replied that there has been no evidence to suggest that the easement is exclusive to only residential. Staff also suggested that additional driveways onto the property might be undesirable. S:\PLANNING MAIN\Case Files\CUP\CU 08-20 Janet Adams\CUP 08-20_CC.doc Public Comment No comments in support ox opposition to the proposal were received. Attachments • Staff Report to Planning Coimnission dated October 14, 2008 Action Motion by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\CUP\CU 08-20 Janet Adams\CUP 08-20_CC.doc City of Elk River Item Number REQUEST FOR PLANNING COMMISSION ACTION s.2. Agenda Section Meeting Date Prepared by Plannin Items October 14, 2008 erem Barnhart, Plannin Mana er Item Description Reviewed by Request by Janet Adams fox Conditional Use Permit to allow a non-owner occupied bed and breakfast, Public Hearing -Case No. CUP 08-20 Action Requested Approval of a Conditional Use Permit, subject to the conditions listed below: 1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all require permits. 2. The development shall meet all applicable building and fire codes. The Fire Chief shall verify the location of all fire hydrants, and may require additional hydrants necessary to preserve the health and safety of the residents. 3. Signage may be permitted, provided it is limited to one 4 sq ft wall sign and one freestanding sign (4 feet in height, and 8 square feet). Neither sign may be illuminated. 4. No more than 5 sleeping rooms for guest use. Location 931 Main Street Introduction The applicant is requesting a Conditional Use Permit for the subject property in order to allow for a small business in the existing home. The business would allow the home to teansition from a residence to a structure that would house up to 12 customers with space for scrap booking, quilting, and other, similar crafting events. This business is not directly listed in the zoning ordinance, but based on interviews with the applicant, is very similar to a bed and breakfast. The Planning Commission may recall that Ms. Adams prepaxed an ordinance amendment to rezone the property to commercial. That applicant was denied, but Staff was directed to prepare an ordinance that would allow the non-owner occupied use through a conditional use permit process. Planning Commission Action Morton by Second by voce Follow Up Case File: CUP 08-20 Page 2 Attachments • Location Map • Applicant's narrative • Figure 11, Transportation. Plan • Memo from Heritage Preservation Commission dated August 22, 2008 Location:. 931 Main Street Zoning: R1(c) Land Use: OT (O1dTown) Adjacent N - R-4 Adjacent N - OT Zoning: E - C-2 Land Use: E - OT S - R1(c) S - OT W - R1(c) W - OT Site Area: Approximately .67 acres, or three lots 60 Day Rule: Action must be taken on this request by November 26, 2008 Overview The subject property currently includes atwo-story house. The applicants propose to offer the house to up to 12 clients for crafting, e.g. scrapbooking, quilting, etc. Five rooms would be used as sleeping quarters. This is consistent with the proposed ordinance text. The attached narrative goes into more detail relating to the proposed business. Applicable Regulations Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. Dill not endanger, injure or detrimentally a~ect the use and enjoyment of otherproperzy in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. 2. 1-Vill be consistent with the comprehensive plan. 3. 1-Vill not impede the normal and orderly development and improvement of surrounding vacant propery. 4. 1-Vill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fzreprotection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traf~ic on adjacent and neighboring public thoroughfares. S:\PLANNING MAIN\Case Files\CUP\CU 08-ZO Janet Adams\CUP 08-ZO_PC.doc Case File: CUP 08-20 Page 3 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpermit 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. Analysis The purpose of a Conditional Use is to allow adjacent, potentially affected property owners an opportunity to comment on a proposed use. Additionally, it allows a City to formally review these potential impacts, and re-inspect them over time, to ensure that these impacts are as described in the Permit. At the Public Hearings for the proposed rezoning, the Planning Commission and City Council heard comments related to use of the driveway from the adjacent property owner, the concern with loss of privacy into adjacent rear yards, and the overall concern with the expansion of the commercial area into the residential neighborhood, and its potential for noise, traffic, and light disruptions. The review of the proposed conditional use pexrnit included these concerns: Parking: The ordinance (as proposed) requires one parking stall for each guest room, plus one for the employee. There are 2 garage stalls, and room for 5 additional cars along the garage. There appears to be adequate parking on site without the need for additional modifications. Access to the parking area will be via an existing easement on an adjacent property. There has been no evidence provided that suggests that this easement does not permit a business use of the driveway. The attached site plan sketch shows the proposed parking area. Privacy: During the site inspection, it was noted that the adjacent properties to the south are quite a bit lower than the floor level of the subject property. An exiting tree and shrub line provides definition between the subject property and these properties. No other screening is proposed or recommended, as the impact seems negligible, and the screening, to effectively screen from the upper level windows, would have to be 10+ feet height, inconsistent with the residential character sought to preserve. Use of the property: The bed and breakfast model is generally considered an appropriate transitional use between residential and commercial. Main Street is classified a major collector by the City's transportation plan, meaning it is built and designed to accommodate commercial and residential traffic. S:\PLANNING bfAIN\Case Files\CUP\CU 08-20 Janet Adams\CUP 08-20_PC.doc Case File: CUP 08-20 Page 4 The applicant does propose signage, near the front door and rear entrance. The signage is consistent with the proposed ordinance. Based on this review, the information received thus far, and the belief that the standards for Conditional Use Permit are appropriately addressed, Staff supports a positive recommendation by the Planning Commission. S:\PLANNING NIt1IN\Case Files\CUP\CU 08-20 Janet Adams\CUP 08-20_PC.doc CENTER ! I a h ~ ~ 6th ' LIONS ' PARK w ~ 2 ~ , I 3 c a \.\ \\ \ Di~olO AV 1 V+~~ VBD S o o VI I ~ R C w Q S 0 4t ~ s~ ~o R ~ ~ ~ 4h ST _ A~ i ~ _ ~- Q TARY o ~ ~~\~ I a a OL z ~ ~~ ~ SITE R,q% 3 R°~o q~ 0 R T ~ W ~ J f ,~: T d ~ ~ K~ P o ~- -~ 1 MAN R 0 AV ~~ P~ CE ZRI Q 3 Private Drives f Ci Location Map N ty o El -~-1 '~" River Case Number: JANET ADAMS To: Planning CommissionBoard of Adjustment, City Council From: Janet Adams Following is a description of the proposed business at 931 Main Street. Purpose: Requesting the re-zoning of 931 Main Street-from residential to commercial. Scope of Project: The proposed business is a gathering place (retreat center) for quilting, scrapbooking ,etc. The house will be rented out to qualified people for a specific amount of time. Clientele will bring their projects and personal items. The business will supply much of the necessary equipment to pursue these activities. • Maximum number of guests is 12 with a 2 night minimum stay • Potential of being rented up to 46 weekends per year • Main portion of the house will be used similar to a bed and breakfast including use of the kitchen by the clientele. • The activity room is located at the rear of the house which is where the quilting, scrapbooking, etc would occur • Adequate parking is available • Proposed name is The Gathering. A discreet sign would be used to announce this. • Target market is adult women Need for zone change: The city planner recommended that a zone change be requested after reviewing a letter stating the intent and scope of the business proposed for 931 Main Street. It will be a commercial property because the house will be rented for the purpose of making a profit. Why is a zone change needed: The house will be used for business purposes and not a private dwelling. Consistency with Elk River Comprehensive Plan: • The houses directly east are already zoned commercial. The requested zone change would extend the commercial portion of Main St. There are no gaps in the commercial zoning on the south side of Main St. • There is commercial property across the street • There are multiple commercial properties within 350 feet as noted by the labels supplied by the county. • Elk River is promoting downtown as is indicated by planning and consenting to have constructed The Bluffs and Jackson Place • Elk River is attempting to draw businesses to the newly created commercial spaces • The proposed plan would bring in shoppers to existing businesses and help to support any new retail shops Compatibility with surrounding properties: The property directly west of 931 Main St. remains residential. The proposed business would not compromise the appearance or integrity of the house, therefore, would not aesthetically compromise the residential houses. 931 Main St. has historical value in Elk River and in its present location. The proposed business would maintain and promote those qualities. Benefits to the city of Elk River: • Increase awareness of historical downtown Elk River • Increase business at the downtown restaurants and bakeries • Increase downtown shopping • This type of clientele tend to return 1-2 times per year to retreat houses that offer local value and old world charm. This would create a consumer for Elk River that comes regularly for a few days at a time which allows them to explore and spend their discretionary dollars. Thank you for the time you have given to review this proposal. My very sincere hope is that as the governing bodies of Elk River you will allow me to become a businesswoman in Elk River. I believe the potential is available. I also believe that this business can be an asset to the community. Historical Elk River has a unique charm and value that should continue to draw others into the area. I want to be a part of that vision. Addendum: Hours of Operation: • The business will be available 7 days and nights per week; as stated previously overnight stays would be a minimum of 2 nights • Arrivals and departures would probably be between 1.:00 PM and 3:OOPM • The possibility of day rentals exist; the hours for that would be 10:00 AM to 10:00PM Employees: • Only the owner/operator at present • Possibly a housekeeper in the future Parking Stalls: • There are 2 existing garage stalls • .There are 6 stalls outside the garage; making a total of 8 existing parking stalls • There is the possibility of expansion into a garden area if needed • See attached plan Proposed Screening: • A privacy fence at the rear retaining wall may/may not be necessary • The concern stated that would require screening is headlights into the windows of the homes south of the property: 931 Main St. property is above the roof level of the properties to the south • It is not possible to look into the homes south of the property from within 931 Main St. or from the driveway or the parking stalls • If screening is deemed necessary, it would be a low fence which would eventually be vine covered to maintain the overall appearance of "green" that is already in the yard and adjacent yards Signage: • There would be a maximum of 2 signs • There would be sign in front either attached to the house or near the front steps which would be no larger than 3 feet x 2 feet; there would also be a smaller one at the rear entrance no more than 2 feet x 1 foot. • The intent of the signage would be for identification only and not to advertise or give the property a commercial appearance Outdoor Storage: • There is an existing storage shed on the property that is camouflaged by trees and shrubs • The existing garage is oversized and will hold residential size garbage can and recycling can • The shed and garage would be used to store ordinary residential equipment for yard. maintenance and snow removal Driveway concerns: • The shared driveway is an expressed concern: it would not be expected that the driveway would receive much more use than it would if a family lived in the home • The tendency of retreaters is to remain at the retreat site with minimal coming and gong • Retreaters would be asked to carpool so the existing parking stalls would be adequate; this is not an unusual request for other properties used in this same way and this would automatically control the amount of driveway use • Arrival and departure hours would be between the AM and PM heavier traffic times on Main St, • See the attached driveway agreement in the property abstract 1 1V ~~ P e, CZ ~a„~ 1.s c,~ ~5_iL ti4. _._ .... `~3\ ~J1h~w,s 'C 5~a~~~ 3 ~ 3 "C~~ (~ io ~~ P 'li ~ r~+ (y`f ~ A ,~ ~ ~ ~ ,o iP ~ J ~ i ~ I i ~ ~ fi ~ 1 1d, N k' o ~ tl~ ~ ~. ~, r ,~. m .'~`. ~ :~: ~4 ~: f: .0 ~; ~ I 9,a ,Qp `~ l ,~ 0 d ~}po ,~ ~, ~_,, ~ ~~ ~~ _~_ ~~. o~ ~~ ~ ~ ~ +. J \m ~~ '\ .° ~ ,, n 1 ~ ~ . ... 9` 5 ~ ~ ~ %~ ~ R ~ '~ ~ ~ ~. 3, i e ~, ~1, - .. , i , '. __ _ :, _. t ~~ G: t G p ~a: .p 1 ~ I G i~ f g ~. N .~ ~.~ '~ '~O ~' eS~ P t ~ ~¢' ~ ~t 4 ~ 0 k~ a A Z: (?~ L fi 0 Z gi rR V ~. 33 ~ ~ 213th ~a Road Closings ,Y 77 W Jm ~d nchRa 1 Ra Q Possible Realignment rn c 0 a 1 N c 0 C1 21 Functional Classification ~ Principal Arterials ~_ Minor Arterials Major Collectors Minor Collectors 198th Ave Viking Blvd 13 a ~ ~ a H 9~ Y 0~e V ~m ,~yi~c ao ~ 13 m Q v c m m m U /.1 181st Ave m Q School St ~ V _ ° Q ~ °' Q > 0 ¢ o• m ~ a c Q ~ y ~ '~ c N L ~ a ~ ~ 2 Q 1 fig 4th St to ~ ~ 5th St a a y Main N R ~ c Sr ' o ~ a rn Y Downtown Area J~ ~~ N I 0.5 0 I 2 '"~~~'E Miles s 165th Ave .ver MEMORANDUM TO: Planning Commission FROM: Heritage Preservation Commission (HPC) DATE: August 22, 2008 SUBJECT: Recommendation on Case No. ZC 08-O1; Request by Janet Adams for Rezoning from R1c to a Commercial Rezoning The Heritage Preservation Commission reviewed the above request by Janet Adams on August 21, 2008. This home was built in 1926-1927 by Kenneth F. Davis, son of May Blanche and Andrew Davis. Andrew Davis was one of one of the prime movers for the organization of the Sherburne County Agricultural Society (county fair), serving as president. He was partner in Heebner Davis and Co. and after 1902 established Davis Bros. The house was then purchased by Dr. Huseth in 1940-1941. Dr. Huseth was a dentist in Elk River and was one of the original members of the Elk River Country Club. In style, this house is similar to the Houlton house on Main St which was built around the same time by Herman Middlestadt. The HPC recognizes proposed land use changes as a policy decision of the City Council. However, the HPC would like the Planning Commission to recognize its concerns it has on the expansion of the commercial district in this part of Elk River. Rezoning the property to a commercial would allow many different uses, including offices, retail, etc, all which have a potential to further erode the residential character of this long established neighborhood. The HPC sees this neighborhood as a historic, cultural asset of the community, and should the Planning Commission and City Council feel expansion of its commercial areas necessary, would encourage this expansion north of Highway 10. The HPC feels it is important to clearly define the line between residential and commercial in this area, and rezoning of the subject property would blur that line. Lastly, the HPC has concerns with the apparent "piecemeal" approach to rezoning in this area of the old town and feels before any rezoning away from residential should be considered in a larger plan.