6.2. SR 04-19-2010'-•~ ~j
Elk' REQUEST FOR ACTION
River
To Item Number
Ci Council 6.2.
Agenda Section Meeting Date Prepared by
Communi Develo ment Aril 19, 2010 Chris Leesebex ,Park Planner-Planner
Item Description Reviewed by
Request by Ken Beaudry/M. Garg for Conditional Use Permit erem Barnhart, Plannin Mana er
for Fast Cash Business, 356 Jackson Avenue, Case No. CU 10- Reviewed by
04 -Public Hearing
Action Requested
Staff recommends that the City Council open and continue the public hearing to the May 17, 2010 City
Council meeting. If the Council feels the request should go back to the Planning Commission on May
11, 2010, staff should be directed to do so.
Planning Commission Discussion
The applicant's realtor stated in an email the property owner wanted to postpone their request until the
May 11, 2010 Planning Commission meeting. Staff asked for a signed letter from the property owner.
The property owner did fax in a letter, but staff did not see it prior to the Planning Commission meeting.
Staff made a recommendation that the Planning Commission deny the Conditional Use Permit (CUP)
request as the CUP standards are not addressed based on the information supplied to date.
The Planning Commission had no discussion and recommended denial of the request.
Attachments
• Staff report to Planning Commission dated April 13, 2010
• Letter requesting postponement by the property owner
Action Motion by Second by Vote
Follow Up
S:\Communiry Development\Planning Main\Case Files\CUP\CU 10.04 Fast Cash\CU 10.04_CC-2.doc
FILE COPY
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.2
Agenda Section Meeting Date Prepared by
Plannui Items ri113, 2010 Chris Leesebe ,Park Planner-Planner
Item Description Reviewed by
Request by Ken Beaudry/IVL Garg for Conditional Use Permit Jerem Barnhart, Plannin 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 deny the Conditional Use Permit (C[JP) 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 April 13, 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)
Case File: CU 10-04 Fast Cash
Page 2
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. mill not endanger, injure or det~zmentally affect the use and enjoyment of otherprope~~fiy in the immediate
vicinity or the public health, safety, morals, comfort, convesaience orgeneral uielfare of the neighborhood or the
city. Lack ofsurvey and on site improvements does clot allow the City to determine if
these would be satisfied.
2. 1~ill be consistent ~anth the comprehensive plan.
3. mill snot impede the normal and orderly development and improvement of surrounding vacant properly.
4. i-Ylill be served adequately by and will not adversely affect essential public facilities and ses~rices including
streets, police and fire protection, drainage, refuse disposal, avater and sewer systems, parks and schools; and
zvill not, in particular, create tra~c congestion or interference zarith traffic on adjacent and neighboring public
thoroughfares. Lack ofYnfonnation does not adequately showif'this condition will be
addressed
5. 1~'ill not involve uses, activities, processes, materials, equ pmerat and conditions of operation that will be
detrimental to anyper:roras orpropert~.~ because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or
iribrations.
6. 1~ill not result in the destruction, loss o~° damage of a natural, scenic or historic feature of major importance.
7. bill fully comply urith all other requirements of this Code, including any applicable requirements arad
standards for the issuasace 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 CL?P standards are not addressed.
Action Motion by Second by Vote
FOIIOW Up
S:\CommunitS Development\Planning Main\Case Files\CUP\CU 10-(14 Fast Cash\CU 10-04_PC-2.doc
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MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
FROM: Cliff Anderson, Fire Marshal
DATE: March 3, 207.0
SUBJECT: CU 10-04 FAST CASH
F6CE CQPp
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 356 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.
4
flLE 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.
27' 10"
r- ~
44'
14' 1 "
SUNCOM
REAL ESTuA~~~~~TE
DEVEtAMENT • CIXiSlHUCTON• MAIMGEMEttT
356 Jackson Ave NE
Elk River, MN
Scale:l inch = 8 feet
Measurements are not to be used for construction.
Drafted: December 2, 2009 by KR
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~! 03: 26p
April 13, 2010
Dear Mr_ Leeseberg,
Heaudr~ Oil Co
7634411688
I would ask the Planning C:oinmission postpone the Conditional Use Permit (CU 10-04}
agenda item vu the April 13, 2010 meeting until the May 11, 20101'lanning Commission
meeting. Also, to prevent this item from being continuously postponed, I will p PP ide all
the information requested by city staff by May 3, 2010, or I would consider m a hcadon
withdrawn.
Thank you for your consideration.
Sincerely,
.d,.,"
Ken Beaudry
p.2