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5.4. SR 09-21-2009REQUEST FOR ACTION ver To Item Number Ci Council 5.4. Agenda Section Meeting Date Prepared by Communi Develo ment Se tember 21, 2009 erem Barnhart, Plannin Mana er Item Description Reviewed by Request by LeFebvre Properties LLP fox Interim Use Permit, Amending Previous IUP fox Temporary Office, Case No. CU Reviewed by 09-21 -Public Hearing Action Requested Staff and the Planning Commission recommend approval of the extension to December 31, 2012. Summary Bob Strong, representing LeFebvre's Companies, is requesting athree-year extension to the Interim Use Permit (IUP) issued in August 2006. The IUP allowed them the use of a temporary office trailer located on the SW corner of the permanent office building. Planning Commission Discussion/Public Comment There were no comments raised by the Planning Commission or public. Attachments • Staff report to Planning Commission dated September 15, 2009 • Draft recording document Action Motion by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\CUP\CU 09-21 LeFebvre IUP\Staff report to CC 9-21-09 Lefebvre.doc City of Elk River Item Number REQUEST FOR PLANNING COMMISSION ACTION 5.3. Agenda Section Meeting Date Prepared by Planning Items Se tember 15, 2009 Jeremy Barnhart, Plannin Man er Item Description Reviewed by Lefebvre Properties, Temporary Office Action Requested Approve a 3-year extension of Interim Use Permit CLJ 06-22 for LeFebrve Properties, 10895 17155 Ave NW, issued in August 2006. The original CtJP is slated to expire December 31, 2009. Location 10895 171ST Ave NW Introduction The original Interim Use Permit was issued on August 21, 2006 that permitted the use of a temporary office trailer. LeFebvre continues to analyze their long term plans, especially in light of the ongoing 17155 Focused Area Study. The extension is necessary because, although they need the office space, they are hesitant to invest additional capital until they understand the most beneficial long term use of their property, based on the changes anticipated by the FAST study. There are no changes to the original approved site plan proposed. The original CLJP is attached for reference. Attachments • Location Map Narrative from applicant • CtJP 06-22. Planning Commission Action Motion by Second by Voce Follow Up Case File: 09-21 Page 2 LeFebrve Temporary Offices Recommendation Because the request is consistent with the Standards for a Conditional Use Permit, staff recommends the Planning Commission approve the Conditional Use Permit and site plan dated July 7, 2006, subject to several conditions: 1. The Interim Use Permit shall expire on December 31, 2012. 2. All Fire and Building Code requirements shall be addressed. 3. If the applicant desires the Interim Use Permit to be extended beyond date above, the CUP shall be reviewed by the Planning Commission and approved by the City Council. CU 06-22 LeFebrve Temporary Office July 18, 2006 City of Elk River, City Council Madam Mayor, Council members Matter at hand• • LeFebvre Companies Inc. and LeFebvre Properties LLP respectfully present the following matters for your consideration: Need: • A temporary office trailer parked adjacent and parallel to the western wall of our existing office building on 171St Ave. NW. This trailer will be 12 ft by 44 ft. and fit perfectly in the lawn area between the existing building and the curb, as seen in the architect's sketch. This trailer is new, -and will be fitted with skirting around the bottom. A few small shrubs will be planted on the sides facing the streets. This office trailer contains one fully private office, plus space for two to three work space cubes. Duration • We are seeking a 36 month term of this temporary permit to give adequate time to fully evaluate our future needs for staffing and permanent space. Summary of motivating factors: • A substantial increase in gross sales • A dramatic increase in the number of outlying, in state and out of state satellite locations. • An increase of almost 180% in our Elk River home office support staff. (since -1997 when we moved into our present offices) • The hiring of our first full time Human Resources director. • -The need for privacy for that HR person to perform their duties. • Time to fully evaluate our future needs for office space and staffing. The present over-crowded condition of our office is not conducive to good employee morale or efficient production. It is particularly important, as you business people know, to provide very private space for the Human Resources department. Thank you for your consideration of our. rather critical request and your prompt handling of the matter. Sincerely, Bob Strong, Mgr. Real Estate LeFebvre Companies, Inc. Wd £OOZ Z 6002/T/6'6nnp deW uoi3e~o~\d~I aangaja0 TZ-60 fly\dfl~\sa~ld ase~\9NINNV~d\ S ~~Xt``3T'INbI ~=t~~.ttzt ~. -~ a a o t~ ~x~~~c~ ~~©~ ~~~ -~ ~~w ~~~ ~~~~ ~.~.o~~a~ '~z: ~~'J d ~~ ~~~ ~3~ ~~~ o~ s ~.~.t~r~ rte, ~~~, h-i ~ t.~.l ----- 0 s Y t~ V` --~1 ~•X~~~l~Cl1 ~,iO~R-k-~ht {sj i • f f iI ~f ~~~l~I1 P ~j) t7'~ `t'~N ~ ~ ~t 1 s ~-?~1~11NCJa -~~ ~.Xl~}h~ Cti p~lC.,~- ~~.I~Va `i'~.r'tt~R..d-tz.~ L~r;''iC~ kC..iC„ '~'P~.~C.~. ~20P. ~..L~.1¢,, r • }~~ ~~ ti _ ~ ~+ _ - ,~ l71 ~ ~ may( `' ~ t] i ~ ~ Y ~jw t ~'i ~, Office of the County Recorder Sherburne County, MN Doc. No. 633454 Certified filed and/or recorded on 10-06-2006 at 09:30 Mic ell Ashe, County Recorder B eputy Fee: $ 46.00 STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER CITY COUNCIL CITY OF ELK RIVER In the matter of: LeFebvre Properties, LLP Request: Interim Use Permit for Temporary Office Trailer (Case NO. CU 06-22) LeFebvre Properties LLP, Owner CONDITIONAL USE PROCEEDINGS ORDER GRANTING CONDITIONAL USE The above entitled matter came to be heard before the City Council on the 19th day of June 2006, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: Lot 1, Block 1, Leon LeFebvre 2na Addition, Sherburne County, Minnesota IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: 1. THE CONDITIONAL USE PERMIT SHALL EXPIRE ON AUGUST 31, 2009. 2. ALL FIRE AND BUILDING CODE REQUIREMENTS SHALL BE ADDRESSED. 3. IF THE APPLICANT DESIRES THE TEMPORARY CUP TO BE EXTENDED BEYOND DATE ABOVE, THE CUP SHALL BE AMENDED FOLLOWING REVIEW BY THE PLANNING COMMISSION AND CITY COUNCIL. DATED this 21st day of August, 2006. STATE OF MINNESOTA ) COUNTY OF SHERBURNE) ss. CITY OF ELK RIVER OFFICE OF CITY PLANNING AND ZONING ELK RIVER I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with the original record thereof preserved in my office, and have found the same to be a true transcript of the whole thereof. If the proposed work described in a conditional use permit has not been substantially. completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following. recommendations of the Planning Commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year. J emy arnhart Planning Manager IN TESTIMONY WI~REOF, I have hereunto subscribed my hand at Elk River, esota, in the County of Sherburne, in the City of Elk River, on the ~l, day of DRAFTED BY: City of Elk River Signed before me a NOTARY PUBLIC Elk River, Minnesota 55330 this ~ ~ _ day of p.~'.~-~~~-,,2006. ,~_ f ' ,DEBORAH KAY HUE81dER NOTARY PUBLIC - ANNI~SOTA iuy CommissxM Expires Jan. 31, 2010 S:\PLANNING\Case Files\2006\CUP\CU 06-22 LeFebvre\Recording doc.doc STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER In the matter o£ LeFebvre Properties, LLP Request: Interim Use Permit for Temporary Office Trailer (Case NO. CU 09-21) LeFebvre Properties LLP, Owner CONDITIONAL USE PROCEEDINGS ORDER GRANTING CONDITIONAL USE The above entitled matter came to be heard before the City Council on the 215Y day of September, 2009, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: Lot 1, Block 1, Leon LeFebvre 2nd Addition, Sherburne County, Minnesota IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: 1. THE INTERIM USE PERMIT SHALL EXPIRE ON DECEMBER 31, 2012. 2. ALL FIRE AND BUILDING CODE REQUIREMENTS SHALL BE ADDRESSED. 3. IF THE APPLICANT DESIRES THE TEMPORARY CUP TO BE EXTENDED BEYOND DATE ABOVE, THE CUP SHALL BE AMENDED FOLLOWING REVIEW BY THE PLANNING COMMISSION AND CITY COUNCIL. CITY OF ELK RIVER CITY COUNCIL DATED this 21st day of September, 2009. STATE OF MINNESOTA ) COUNTY OF SHERBURNE) ss. CITY OF ELK RIVER OFFICE OF CITY PLANNING AND ZONING ELK RIVER I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with the original record thereof preserved in my office, and have found the same to be a true transcript of the whole thereof. If the proposed work described in a conditional use permit has not been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommendations of the Planning Commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year. Jeremy Barnhart Planning Manager IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River, Minnesota, in the County of Sherburne, in the City of Elk River, on the day of _ 2009. DRAFTED BY: City of Elk River Elk River, Minnesota 55330 Signed before me a NOTARY PUBLIC this day of 2009. S:\PLANNING MAIN\Case Files\CUP\CU 09-21 LeFebvxe IUP\Recording document.doc