7.2. SR 05-20-1996ITEM 7.2.
ity of
MEMORANDUM
ver
TO:
FROM:
DATE:
Mayor and City Council
Scott Harlicker, Planning Assista~
May 20, 1996
SUBJECT:
Request by Kober Excavating, Inc.
for Conditional Use Permit, Public
Hearing Case No. CU 96-5
Request
Kober Excavating Inc. has requested a conditional use permit for outdoor
storage.
Location
16110 Jarvis Street NW, Elk River, Mn. PID# 75-013-1405, Section 13, Twp. 32,
Range 26.
Zoning/Land Use
12 (Medium Industrial) / MI (Medium Industrial)
Attachments
· Report to Planning Commission dated April 23, 1996
· Landscape plan
Overview
The Conditional Use permit request will allow the applicant, Kober Excavating,
to have outdoor storage of some material and equipment in connection with the
operation of the excavating business. The current owner of the property, Roger
Johnson, resides on the property and until just recently, operated a metal
fabricating business in the existing shop and had outdoor storage of materials;
he plans to continue to live in the residence while Kober Excavating leases the
shop and outdoor storage area. The applicant and Mr. Johnson are planning on
subdividing the property into two lots with the applicant purchasing the shop
and outdoor storage area on one lot and Mr. Johnson retaining ownership of the
residence on the other. The applicant is tentatively planning on purchasing the
property in the fall of 1996.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City CounciFCU 96-5
May 20, 1996
Page 2
I$$i~e$
The shop and residence are currently served by a gravel drive. The applicant is
proposing 12 foot wide paved driveway and a paved parking area that will
accommodate four parking spaces. Two mature pine trees, bushes and a split rail
fence would have to be removed if a wider driveway is required. The applicant
has indicated that the class five material located at the east end of the shop,
between the shop and residential garage, will be removed and replaced with
grass except for a 20 foot wide drive area that will allow access to the east end of
the shop.
Screening will be provided in the form of a fence and landscaping. The applicant
has not submitted details of the fence or a landscaping plan. The Zoning Code
requires a minimum five foot high 100% opaque fence and 25 trees. Staff is
suggesting that in order to best supplement the screening provided by the fence,
a majority of the trees should be pine trees.
The applicant has requested that the he be allowed to phase the improvements
to the site. He would like to delay completing the improvements until this fall,
after the subdivision has been finalized.
Planning Commission Meeting
At the April 23, 1996 Planning Commission meeting, the Commission
recommended approval of a Conditional Use Permit to allow outdoor storage as
part of the applicant's excavating business. No one spoke at the public hearing.
The Commission discussed the width of the access and expressed some concern
regarding the ability of the 12 foot wide driveway to accommodate any likely
increase in traffic generated by future expansion of the business. In a related
matter, once the property is subdivided an easement will be required to allow
Kober Excavating to continue to use the paved driveway; there was concern that
the width of the easement should be enough to allow for future widening of the
driveway. They were also concerned about allowing outdoor storage prior to the
fence being installed. In order to address that issue, as well as the phasing of the
installation of the pavement, the Commission recommended that the applicant
provide a letter of credit to cover the cost of the fence and pavement, to be
released upon completion of those improvements.
Recommendation
The Planning Commission recommended approval of a Conditional Use Permit
request to allow outdoor storage for Kober Excavating located at 16110 Jarvis
Street NW with the following conditions:
s:kplanningkscottkcu96-Scc.doc
Memo to Mayor and City Council/CU 96-5
May 20, 1996
Page 3
1. Any expansion or upgrading of the shop or outdoor storage area will be cause
to revisit the site to ensure that there is adequate parking and access.
2. The approved fence, landscaping and paving shall be completed with in two
months of seasonable weather after the subdivision is completed.
3. Should parking problems occur, the applicant shall install the demonstrated
parking area at the City's request.
4. Provide a revised site plan showing either grass or paving in the area between
the shop and the residential garage prior to occupying the site. This shall
include a minimum of 10 feet of grassed area between any pavement and the
property line which is proposed between the two buildings.
5. The applicant shall post security for the fence and pavement prior to outdoor
storage being used.
6. At the time of subdivision, the applicant shall include a minimum 24 foot wide
driveway easement over the existing driveway.
s:XplanningkscottXcu96-5cc, doc
'~:ty of
ITEM 5.2.
'vel'
TO:
FROM:
DATE:
MEMORANDUM
Planning Commission
Harlicker, Planning Assistan~
Scott
April 23, 1996
SUBJECT:
Request for Conditional Use Permit
by Kober Excavating, Inc., Public
Hearing Case No. CU 96-5
Request
Kober Excavating Inc. has requested a conditional use permit for outdoor
storage.
Location
16110 Jarvis Street NW, Elk River, Mn. PID# 75-013-1405, Section 13, Twp. 32,
Range 26.
Zoning/Land Use
12 (Medium Industrial) / MI (Medium Industrial)
Attachments
· Location Map
· Site Plan
· Letter from applicant dated 4/16/96
Existing Conditions
The property is zoned I2 (Medium Industrial) and the surrounding properties
are also zoned I2. The property contains a house, small garage and two storage
sheds. To the rear of the house and garage is a shop facility and outdoor storage
area. The area around the shop and the area used for outdoor storage are
surfaced with class 5 aggregate. The adjacent properties to the south have a
residence and a metal pole barn; the property to the north is a residence; the
property to the west is vacant and to the east is Jarvis Street with residences on
the east side of Jarvis. Other industrial uses in the area include Renner Well
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to Planning Commission/CU 96-5 Page 2
April 23, 1996
Drilling, Hopkins Pipe, Metro Gravel to the south and a machine shop to the
north
The property is 9.2 acres in size; the shop and outdoor storage area, house and
garage are on the south end of the parcel. The north half contains a wetland,
pond and small cornfield. The north half is also lower than the south half; there
is a four to five foot drop in elevation. There is a significant row of pine trees
along the rear or west property line that serve as a wind break and screen the
shop and storage area from the property to the west.
Background
The current owner of the property, Roger Johnson, lives in the house and uses
the garage and storage buildings as accessory structures. Mr. Johnson, until just
recently, operated a metal fabricating business in the existing shop and had
outdoor storage of materials; he plans to continue to live in the residence while
Kober Excavating leases the shop and outdoor storage area. The applicant,
Kober Excavating, and Mr. Johnson are planning on subdividing the property
into two lots with the applicant purchasing the shop and outdoor storage area on
one lot and Mr. Johnson retaining ownership of the residence on the other. The
applicant is tentatively planning on purchasing the property in the fall of 1996.
Evaluation of Request
· Access and parking
A 12 foot wide paved access will be installed. The shop and house are currently
accessed with a gravel drive. The improved driveway will comply with the
required 10 foot setback from the property line. Staff initially recommended a
wider drive. However, because of the limited amount of traffic that will utilize
the driveway and the site limitations, there is an existing split rail fence and
several mature pine trees that would have to be removed ff the driveway was
any wider, the applicant is proposing a 12 foot wide driveway. Staff believes that
the driveway as proposed should be sufficient to service the existing facility;
expansion of the shop or storage area may require a wider access.
The applicant is proposing a paved parking area, with four parking spaces, on
the south side of the shop adjacent to the fenced in storage area. The apphcant
indicated that their are few visitors to the shop and the majority of the
employees go directly to the construction site; only the office person, mechanic
are in the shop on a regular basis. There is room to provide additional parking if
parking becomes a problem and the applicant should indicate on the site plan
where the demonstrated parking would be located. One option would be placing
employee parking inside the fenced storage area.
s:\planning\scott\cu96-5.doc
Memo to Planning Commission/CU 96-5
April 23, 1996
Page 3
The outdoor storage area will be class 5 aggregate. The applicant is also
proposing to keep the existing class 5 on the east side of the shop, between the
shop and the residential garage. If this area is to be used to access the shop, it
should be paved. If no access is planned from this side, the class 5 should be
removed and replaced with grass. Since the plan is to subdivide the lot and in
order to comply with the 10 foot setback requirement for parking, loading or
drive aisle, a minimum ten foot wide grass area should be provided between the
proposed property hne, which will be located between the shop and the
residential garage, and any pavement.
· Screening
The applicant is proposing to screen the outdoor storage area with a fence.
However, he has not indicated what type of fence will be used or how high the
fence will be. The zoning code requires the fence to be 100% opaque and not less
than five feet high. A six foot high stockade fence would comply with the fence
requirements.
Landscaping is also required and should be used to supplement the screening
that the fence provides. The Zoning Code formula for the required number of
trees is the perimeter divided by 40 equals the number of tree required. Based
on the perimeter of the described area, in this case the width was measured from
the south property line 200 feet to the proposed fence on the north side of the
building and the depth from the west property line 300 feet to the proposed
property line east of the shop, 25 trees are required.
The applicant has not provided a landscape plan. In order to best screen the
storage area from affected properties and the road, most of the tree should be
coniferous with three or oaks or maples to add some diversity. To provide the
most efficient screening, the conifers should be planted along the south property
line and the north side of the storage area.
· Phasing
The applicant has indicated that he would like to phase the improvements to the
site. In his letter dated 4/16/96, he indicates that they would like to delay
completing improvements until this fall, after the subdivision has been finalized.
This does not seem unreasonable for the landscaping and paving. However, staff
would like to see the fence installed prior to them utilizing the outdoor storage
area for storing any equipment or materials.
Recommendation
s:\planning\scott\cu96-§.doc
Memo to Planning Commission/CU 96-5 Page 4
April 23, 1996
This request was compared to the seven criteria listed in Section 900.20 of the
Zoning Ordinance and it was found to be in compliance with those criteria. Staff
is recommending approval of the conditional use permit for outdoor storage to
be located at 16110 Jarvis Street with the following conditions:
1. Any expansion or upgrading of the shop or outdoor storage area will be cause
to revisit the site to ensure that there is adequate parking and access.
2. The applicant shall submit fence details and a landscape plan for approval
prior to the issuance of the conditional use permit.
3. The approved fence shall be in place prior the utilization of the outdoor
storage area and the landscaping and paving shall be completed by October 31,
1996.
4. Should parking problems occur, the applicant shall install the demonstrated
parking area at the City's request.
5. Provide a revised site plan showing either grass or paving in the area between
the shop and the residential garage prior to occupying the site. This shall
include a minimum of 10 feet of grassed area between any pavement and the
property hne which is proposed between the two buildings.
s:\planning\scott\cu96-5.doc
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13065 Orono Parkway · RO. Box 490
Elk River, MN 55330
LOCATION
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Tuesday, April 16, 1996
Kober Excavating, Inc.
Utility Contractor
Municipal VVater and Sewer
Septic Systems - Grading
City of Elk River
13065 Orono Parkway
P.O.Box 490
Elk River, Minnesota 55330
RE: Conditional Use Permit
To Whom it May Concern;
For property located at: Section 13, Township 032, Range 26:
As noted on site plan, proposed fence and asphalt driveway is scheduled to be
completed after we purchase this property which is tentatively fall of 1996.
Allen LaFontaine
Office (612)441-2853 o Fax (612)421-9204 26406 9th Street West, Zimmerman, bin 55398