6.2. SR 12-21-2009REQUEST FOR ACTION
To
Item Number
City Council
6.2.
Agenda Section
Meeting Date
Prepared by
Develop ment
December 21, 2009
Chris Leeseber , Park Planner - Planner
-Community
Item Description
Reviewed by
Request by River of Life Church, 21695 Elk Lake Road, to
Jeremy Barnhart, Planning Manager
Amend Existing Interim Use Permit for Temporary
Reviewed by
Classrooms /Office, Case No. CU 09 -22 — Public Hearing
Action Requested
Staff and the Planning Commission recommend the City Council approve the Interim Use Permit request
with the following conditions:
1. All three portable office /classrooms shall be removed by September 1, 2013.
2. If an extension to the September 1, 2013 date is required, the applicant shall apply for an
amendment to the Interim Use Permit.
3. The total square footage of all three portable offices shall not exceed 2,750 square feet.
4. If the location of any of the portable office /classrooms is changed, the applicant shall
apply for an amendment to the Interim Use Permit.
5. All three portable office /classrooms shall meet all building and fire codes.
6. The paving of the portion of 217", as required by the original CUP for the church, shall not
be required at this time.
7. Should an access drive onto 2171" Avenue be created at any time, the portion of 217`"
Avenue from County Road 1 to fifty (50) feet past the access drive shall be paved to City
standards.
Summary
The applicant is asking for an extension to their IUP for portable classrooms for three years, making the
current IUP expire September 1, 2013.
Planning Commission Discussion
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 8, 2009
C: \Documents and Settings \jmiller \Local Settings \Temporary Intemet Fi1es \0LK3E \CU 09- 22_CC.doc
Action Motion by Second by Vote
Follow Up
C: \Documents and Settings \jmiller \Local Settings \Tempomq Intemet Files \OLK3E \CU 09- 22_CC.doc
REQUEST FOR ACTION
To
Item Number
Planning Commission
5.1
Agenda Section
Meeting Date
Prepared by
Items
December 8, 2009
Chris Leeseber , Park Planner - Planner
-planning
Item Description
Reviewed by
Request by River of Life Church, 21695 Elk Lake Road, to
Jeremy Barnhart, Planning Manager
.Amend Existing Interim Use Permit for Temporary
Reviewed by
Classrooms /Office, Public Hearing — Case No. CU 09 -22
Action Requested
Staff recommends that the Planning Commission recommend approval of the Interim Use Permit request
with the following conditions:
1. All three portable office/ classrooms shall be removed by September 1, 2010.
2. If an extension to the September 1, 2013 date is required, the applicant shall apply for an
amendment to the Interim Use Permit.
3. The total square footage of all three portable offices shall not exceed 2,750 square feet.
4. If the location of the any of the portable office/ classrooms is changed, the applicant shall
apply for an amendment to the Interim Use Permit.
5. All three portable office /classrooms shall meet all building and fire codes.
Background /Discussion
In May 2006, River of Life Church was granted an Interim Use Permit (IUP) for one portable office
(16x80) and two portable classrooms (12x60) on the north side of their existing building. That permit
was valid until September 1, 2008. In July 2008, they were granted an extension to their IUP to
September 1, 2010. They are acting on this one year earlier than they need to due to leasing renewal
requirements with the portable office supplier.
They are asking for an additional extension of three years, making the current IUP expire September 1,
2013.
Attachments
Location Map
Applicant's Narrative
Aerials
Case File: CU 09 -22
Page 2
Interim Use Permit
River of Life Church
Overview
The existing structures are screened by vegetation and are not visible from neighboring residents.
The portable structures do not affect either traffic circulation or parking..
South Side - office
North Side - classrooms
The driveway that used to access the site on 217`i' Avenue has been removed, regraded and
vegetated. The original CUP required the paving of a portion of 217'. With the removal of the
driveway access on this street, it is suggested that this requirement be removed until access is
necessary.
Applicable Regulations
Interim Use Permit
In determining whether to authorize an interim use, the Planning Commission and City Council
shall consider the following criteria:
1. The period of time for which the interim use permit is to be granted will terminate before any adverse impacts
are felt upon adjacent properties.
2. There is adequate assurance that the properly will be left in suitable condition after the use is terminated.
3. The use is similar to uses defined in the -oning district in which the property is located.
4. The date or event that hill terminate the use can be identified with certainty.
5. Authoritiing the use will not impose additional costs on the public if it is necessary for the public to take the
property in the future.
6. The applicant and user agree to all conditions that the city council deems appropriate for authoritiation of the
interim use.
7. The applicant provides assurances deemed adequate by the city council that the use will terminate as provided
in the interim use permit. The city council may require the applicant to deposit a cash amount with the city, or
provide some other form of security, to ensure compliance with this criteria.
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 -658.
S:\PLANNING MAIN \Case Files \CUP \CU 09 -22 River of Life IUP \CU 09- 22_PC.doc
Case File: CU 09 -22
Page 3
Interim Use Permit
River of Life Church
In the review of the standards for IUP as outlined, it appears that the request is consistent with all of
these standards.
Action Motion by Second by Vote
Follow Up
S: \PLANNING MAIN \Case Files \CUP \CU 09 -22 River of Life IUP \CU 09- 22_PC.doc
•
legal
21695 Elk Lake Road Elk River, MN 55330 Phone: 763 - 441 -7527 Fax.-763-441-6975 www.riveroflife- mn.org
To: City of Elk River Planning Dept.
October 20, 2009
Gentlemen,
Attached is the application and requested information in regards to our request to
extend the Conditional Use Permit for portable classrooms and office space at River of
Life Church. The current permit is good through the fall of 2010. From my
understanding, at the time of that approval we were notified that no further extensions
would be granted until grading issues involving the temporary construction driveway
onto 217th were resolved.
At this time we have had the contractor who removed fill dirt from our property, for
construction of Co.Rd.33, remove the temporary driveway and re -grade the ditch as
requested. We never intended for this to be a permanent access to the property due to the
steepness of the approach.
We are requesting an extension or renewal of the conditional use permit for all three
temporary structures for an additional 3 year term. We are requesting that the extension
would commence at the expiration date of the current permit. At this time we have had to
put our plans to expand our current facility on hold due to the current condition of the
economy. We have also had what we hope to be a temporary reduction in attendance due
to the loss of a couple pastors and key leaders.
This application is being made at this time due to the renewal of the lease on the 2
portable classrooms located on the northeast corner of the facility. Extension of the
special use permit at this time will allow us to negotiate better terms on our lease for a
longer period of time. The extension will also help us to allow our ministry leaders to
plan future ministry activities around the current space available until we can reinitiate
our plans for expansion of the current facility.
Please feel free to contact me for any additional information that may be needed on my
cell phone at 763 - 300 -8884. Thank you for your assistance and cooperation as we work
toward serving the community and fulfilling our vision:
"Our Community for the Greater Community"
E, &RFCIFIV�u
Sincerely, ;
River of Life
Arthur Swanson (Sec.)
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CU 09 -22
Amend Existing IUP
December 11, 2009
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Analysis
Existing structures are
screened by vegetation
and are not visible from
neighboring residents.
m The portable structures
do not affect either traffic
circulation or parking.
A.,.
Analysis
Driveway on 217tH
..O""Removed, regraded and
vegetated.
Original CUP required
paving portion of 217th.
.,O' With removal it is
suggested that this
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requirement be removed
until access is necessary. F-
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Planning Commission
No one spoke at the
Public Hearing.
The PC unanimously
recommended approval of
the request.
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Recommendation
Staff and the PC
recommend the CC
approve the IUP request
with the conditions
outlined in the staff memo
dated December 21, 2009.
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