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5.2. PCSR 04-13-2010~/ ...... Elk River REQUEST FOR ACTION To Item Number Plannin Commission 5.2 Agenda Section Meeting Date Prepared by Plannin Items A ri1 13, 2010 Chris Leesebe ,Park Planner-Planner Item Description Reviewed by Request by Ken Beaudry/M. Garg for Conditional Use Permit Jerem Barnhart, Plannin Man er for Fast Cash business, 356 Jackson Avenue, Reviewed by Public Hearing -Case No. CU 10-04 -continued from March , 2010 Action Requested Staff recommends that the Planning Commission denythe Conditional Use Permit (CUP) request for the following reason: 1. Based on the information supplied to date, it appears that the CUP standards are not addressed. Background The Planning Commission opened the public hearing, took public comment, continued the public hearing and postponed action until the Apri113, 2010 Planning Commission meeting for staff to work with the applicant and obtain more information. Staff met with the properryowner on March 12, 2009 to clarifywhat additional information staff was looking for, such as a survey, site plan, landscape plan, and alternate location for the outdoor storage. Staff has not received any additional information. Attachments • Location Map • Memo from Fire Marshal dated March 3, 2010 • Applicant's Narrative • Site Plan(s) Wb b0 SS~iT OiOZ/8/b'6nnp deW uoile~o~~yse~ ~sej b0-OT fly\dfl~\sa~ij ase~~6uiuue~d~~uawdo~anaa ~(~iunwwo~~:s >t ~ , ~ µ ~~ 4 . ~ V y( ~ . 1 V y ~~ - . 1 ~ ~ ,, i sk ; k - I ~ - ,4 ~. ~ a ,~ "~i 1 k ' i~. xa. ~ .. }j ; , b ~, .. w. }t `~ .. ... ~ ~ _ I (\`-~ L t ~ ~ ~ ~ V 4. i ryi' :. ~ R t„ ,° ~ ~ ~ 3 ' ~ v ~ ~. ~ ~ ._ =~ ~: ~ (_ ~ ~" V~~ . ~ Q O i fr '~ ~. ~ V ~ u f~ ... d.`~ ., v~ ' ~A ~~.. T.aN t ~' ! .? ~S `n// ~~ p . yy y~'~ ~T~x e ~ O ! { ~'Lu` r & l 1, ,3~ ~d ~ d~ ~ ~'n ~~ 4» ~ ~ ' ~ --•~ ~ ~ ~ ~.{® U '~ t 4 r' ~ O J M~ ~r d ~- ~ ~ . .. ~ ~ ~~. - ,a ,. ~ V ~ ~ r"~. : ~ L {, I } ^ ~ ~ ~ ~ ~ ~ { C r ~~ ~`' ~ tR ' , ~ ~ -- ~ ~' - N " ~ ' c ,~ d- ~ ~ } ~~' ... t rt. ~ ~ ~ O ~ " 2 ~ ~ " ^ ~ ' ~ P ~ t~ 3 = 7-i n i } •' W Case File: CU 10-04 Page 2 Applicable Regulations Conditional Use Permit Fast Cash The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. mill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. Lack ofsurvey and on site improvements does not allow the City to determine if these would be satisfied. 2. mill be consistent with the comprehensive plan. 3. bill not impede the normal and orderly development and improvement of surrounding vacant property. 4. 1,Y/ill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create tra~c congestion or interference with traffic on adjacent and neighboring public thoroughfares. Lack oftnformation does not adequately showifthis condition will be addressed S. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or propery because of excessive traffic, noise, smolee, fumes, glare, odors, dust or vibrations. 6. Dill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. 1-Vill 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, based on the information supplied to date, it appears that the CUP standards are not addressed. Action Motion by Second by Vote Follow Up S:\Community Development\Planning Main\Case Files\CUP\CU 10-04 Fast Cash\CU 10-04_PC-2.doc MEMORANDUM ~~~~ GQ~ TO: Jeremy Barnhart, Planning Manager FROM: Cliff Anderson, Fire Marshal DATE: March 3, 2010 SUBJECT: CU 10-04 FAST CASH The site plan review committee met on 3/2/2010 and I would like to make the following comments: 1. On the request by Kenneth Beaudry for a Conditional Use Permit for a Fast Cash business at 35G Jackson Ave. We have contacted the MPCA and talked with Jennifer Lopac, the field agent for Sherburne County. She stated that in 2005 the Beaudry Oil Company requested and was issued a 5 year extension for removing the fuel tanks at the above address and at this time the extension has expired and that address would not be granted any additional time. 2. The Elk River Fire Department is requiring the removal of the tanks and dispensing fuel system at 356 Jackson Ave in Elk River MN. If you have any other questions, please feel free to call me at the Elk River Fire Department at 763.635.1110. FfLE COPY 1 /6/ 10 I will buy, sell, trade household goods like TV's, DVD's, movies, toys, gold coins and similar goods. My business hours will be Tuesday through Saturday from lpm - 6pm. In the early stages of the business, I will have myself and one employee to assist me. I will require 5 parking stalls for my customers. I will install a sign on the building approximately 4' x 10' I will have a 20' x 20' cyclone fence, locked at night to store my products outside. I will display the products in the front of the building during the day. I will make a larger door in the building to bring some of the more valuable goods inside. This will be located where the fence will be constructed. J °t 0 ~ ~\ k ~ ~' ~ ., Vo v A U ~~ v ~ `C. ~ i~' ~u .~~ ~ ~, ~ ~ ~~ ~ ~ ~~~ ~~ ~~ v5 c, 27' 10" ~~ 44' 14' 1 " 33' 8" ~ `~ ~,.,.~~ ~" fi; (~.• Bi ____ ~' ~~ 1. _.... _~----- .. ~.__. ,__ ~_.._ -_- r -.. _ , ~.•..,.w . SUNC~M 356 Jackson Ave NE REAL ESTATE Scale:l inch = 8 feet DEVEWMEM • ConSmuGtwn• M/u1K.EMEM E I k R i ve r, M N Measurements are not to be used for construction. Draked: December 2, 2009 by KR