6.5. SR 04-19-2010~/
Elk - REQUEST FOR ACTION
River
To Item Number
Ci Council 6.5.
Agenda Section Meeting Date Prepared by
Communi Develo ment A ri119, 2010 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Russell/Ryan Kostreba for Conditional Use Permit
for Outdoor Storage (Midwest Mini Storage, Inc.), Case No. CU Reviewed by
10-07 -Public Hearing
Action Requested
Staff and the Planning Commission recommend approval of the Kostreba Mini-Storage outdoor storage
Conditional Use Permit amendment request, as illustrated on drawings dated February 22, 2010.
Approval is subject to the following conditions which must be completed prior to use of the area for
outdoor storage:
1. Repair the erosion as described in BDM memo dated April 5, 2010.
2. Revise landscaping plan with the goal to add additional landscaping interest to the rear
of the property and to recognize the unique soils in the area. Plan to be approved by
staff.
3. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
required permits.
4. All conditions imposed as part of the original Conditional Use Permit shall apply, except
for #8 pertaining to outdoor storage.
5. Outdoor storage shall be limited to operable boats and recreational vehicles.
Recreational vehicles shall include boats, boat trailers, snowmobiles, campers.
6. Any sign requires a sign permit.
7. Outdoor storage is not intended to be a permanent solution. Outdoor storage is
permitted within the footprint of the next building only, until occupancy for that
building is obtained; then outdoor storage may be permitted within the footprint of the
next building.
Summary
The applicant is requesting modification of the original Conditional Use Permit, specifically, the
prohibition of outdoor storage.
Issues raised during the review include:
Landscaping. The landscaping required as part of the original approval is not in place. The
applicant has indicated challenges with keeping the plants alive due to the sandy soil as well as
financial challenges.
Erosion. The City engineer has noted that the stormwater runoff from the site has caused some
erosion that requires repair. The applicant has raised concerns that any work will further damage
the soils.
S:\Communiry Development\Planning Main\Case Files\CUP\CU 10-07 Kostreba\CU 10-07 Staff report to CC 419-IO.doc
Time limit. A time limit was suggested by staff, as a means of encouraging the completion of the
original Conditional Use Permit. This was originally modeled after the Lakeland Properties (CU
10-01) Conditional Use Permit (attached) that was suggested by staff, although there is no time
limit imposed by the Council.
Planning Commission Discussion
The Planning Commission agreed with the engineer that the erosion issue needed to be addressed as it
would only get worse with increased run-off.
The Planning Commission also agreed with staffs recommendation to amend the landscaping plan,
although some commissioners had concerns with the term "screening". In response, staff modified the
recommended condition.
The Planning Commission felt that a time limit is appropriate. The recommended condition #7 has not
been reviewed by the Planning Commission, but was drafted based on their input.
Public Comment
There was no public comment except for those offered by the applicants. The applicants had concerns
with the landscaping, as they indicated that it has been planted twice and did not survive. They also
noted that a well would be helpful, but having been told by previous staff that it is not permitted, they no
longer have the funds to put a well in. They also felt that screening of their property was unnecessary due
to the image of the area, and that is can barely be seen from the rail lines. Staff and the applicant are
working together on the development of a landscape plan.
The applicants also voiced concern regarding the time frame, feeling that it is unfair regulation of their
business. Upon further review, staff notes that the Council did not impose a time limit on the most recent
outdoor storage request.
Staff s recommendations include a time limit for outdoor storage, believing this is important to the image
issue.
The applicants also noted the conditions of the neighboring property, and highlighted the fact that the
neighbor to the north has several RV's parked. The Conditional Use Permit allows outdoor storage, but
does not state limitations to what is stored. It is helpful to note that a requested variance for reduction in
landscaping requirements was denied. Further, it was a requirement to install an irrigation system.
Attachments
• Staff report to Planning Commission dated April 13, 2010.
• Conditional use permit CU 10-01
• Approval/ denial letter for Majestic Masonry dated June 4, 2004
• Conditional use permit for CU 04-08
Action Motion by Second by Vote
Follow Up
S:\Community Development\Planning Main\Case Files\CUP\CU 10-07 Kostreba\CU 10-07 Staff report to CC 419-10.doc
~i
Elk REQUEST FOR ACTION
~_
River
.~ ;-, r
_ ~ ~~~~
To Item Number
Plannin Commission 5.5.
Agenda Section Meeting Date Prepared by
Planning Items April 13, 2010 Jeremy Barnhart, Planning Manager
Item Description Reviewed by
Request by Russell/Ryan Kostreba for Conditional Use Permit erem Barnhart, Pla.nnitl Mana er
for Outdoor Storage (Midwest Mini Storage, Inc.), Public Reviewed by
Hearing -Case No. CU 10-07- Continued from March 9, 2010
Meetin
Action Requested
Staff recommends approval of the Kostreba Mini-Storage outdoor storage Conditional Use Permit
amendment request, as illustrated on drawings dated February 22, 2010. Approval is subject to the
following conditions which must be completed prior to use of the area for outdoor storage:
1. Repair the erosion as described in BDM memo dated Apri15, 2010.
2. Revise landscaping plan to incorporate additional evergreen trees to screen from the rail
road tracks. Plan to be approved by staff.
3. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
require permits.
4. All conditions imposed as part of the original Conditional use Permit shall apply, except
for #8, pertaining to outdoor storage.
5. Outdoor storage shall be limited to operable boats and recreational vehicles.
6. Outdoor storage shall terminate in 5 years if no additional building permits have been
issued.
Background/Discussion
The applicant received a Conditional Use Permit in 2003, (CU 03-05) permitting the construction of a
mini-storage facility at 15930 Jarvis Street. One of the conditions was than no outdoor storage is
permitted.
The first four buildings have been constructed according to the plans approved. The 5 remaining
buildings have not been constructed.
Earlier this year, the City received an application from Dennis Sharp fox a ministorage facility (CU 10-01)
on a neighboring property. This application included a proposal for outdoor storage. While the outdoor
storage was approved, conditions were imposed on the timing of the outdoor storage. Upon hearing of
the proposal, this applicant, Mr. Kostrebea, completed an application to amend his Conditional Use
Permit; specifically, to remove the condition that outdoor storage is prohibited.
Case File: CU 10-07
Page
Financial Impact -None
Attachments
Location Map
Memo from City Engineer dated April 5`'', 2010
• Staff comment letter dated March 10, 2010
• Applicant response dated March 15, 2010
• Applicant's Narrative
• Site Plan dated February 22, 2010
• Landscaping plan approved in 2003
• Kostreba Conditional LTSe Permit No. CU 03-05, dated April 21, 2003
General Information
Midwest Ministorage
Applicant Midwest Mini Storage (Russell Kostreba)
Requested Action Conditional Use Permit amendment approval
60 Day Rule The CitS= must take action by April 22, 2010
Location and Size Appro~mately 3.16 acres west of Jarvis in the extreme SE corner of
the Ci
Overview
The property owner is requesting an amendment to their Conditional Use Permit that will remo~=e
the condition prohibiting outdoor storage.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. T-Vill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
city.
2. gill be consistent with the comprehensive plan.
3. bill not impede the normal and orderly development and improvement of surrounding vacantpropery.
4. bill be served adequately by and will not adversely a~ect essential public facilities and services including
streets, police and fzre protection, drainage, refuse disposal, water and sewer systems, parks and schools; and
will not, in particular, create traffic congestion or interference with tra~c on adjacent and neighboring public
thorougl fares.
5. .mill not involve uses, activities, processes, materials, equ pment and conditions of operation that will be
detrimental to any persons or properly because of excessive tra~zc, noise, smoke, 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~ill fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
5:\Communit}' Development\Planning Main\Case Files\CUP\CU 10-07 Kostieba\CU 10-07 Staff report to PC 46-10.doc
Case File: CU 10-07 Midwest Ministorage
Page 3
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 reti-iew of the standards for CUP as outlined, it appears that the request is consistent with all
of these standards.
Analysis
The outdoor storage is intended to include space for the storage of boats and recreational vehicles.
The CitS~ Council as recently at Maxch 2010 (CU 10-01) indicated a concern with unending outdoor
storage. The Council imposed time restrictions in that case: The storage could not commence until
the 1St two buildings were completed, and must end when the 4th building is built. This condition
was imposed because there is physically no room once the 4~' building is built. "The applicant does
not propose a timeline, but notes that it could "easily take 10-15 years to build enough buildings to
use up all that land..." Staff suggests imposing a timeline to encourage the property to build
additional buildings to house the materials. The most recent application noted that build-out was
expected in the newt 4-6 years. Staff is suggesting 5 years for the outdoor storage permit to e~-pire if
no progress is made on the development of the facility.
The proposed storage area, with no landscaping, will be highly risible from the train tracks. (The
most recent CLiP proposed landscaping along the property line abutting the train. This landscaping
included a mix of overstory and evergreen trees.) Staff is suggesting that the landscaping plan be
revised to reflect the added need fox screening from the train tracks. These revisions would be
approved by staff. Additionally, a letter of credit in an amount approved by staff to guarantee the
installation and establishment of the landscaping will need to be deposited prior to the use of the
area as outdoor storage. The screening and the letter of credit axe very appropriate, given the history
and the influence this property (and the landscaping requirement) has on the image of Elk River.
Comprehensive Plan
The use of outdoor storage as accessory to a principle permitted use is appropriate in the I-2 zoning
district. Further, it seems appropriate given the lack of municipal water services.
Grading/Drainage
The city engineer has noted erosion at the storm water detention basin. He notes that this must be
corrected, especially since the additional storm water runoff associated with increased parking
surface will only increase the problem.
The site plan does not indicate the surface material of the outdoor storage. CitS~ Ordinance permits
at minimum class V, asphalt, or concrete. This should be specified.
Landscaping
The original site plan included requirements for landscaping around the building. These plants have
not survived. The applicant has indicated that citST staff prohibited the drilling of a well for irrigation
purposes.
S:\Communitp Development\Planning Main\Case Files\CUP\CU 10-07 Iiostreba\CU 10-U7 Staff report to PC 46-1U.doc
Case File: CU 1U-07
Page 4
Midwest Ministorage
Staff notes that the landscaping requirement is not forgiven because the plants died. Further work
must be done to guarantee their survival.
/~CtlOi7 Motion br Second b5r Vote
Follow Up
S:\Communin~ Development\Planning Main\Case Fi]es\CUP\CU 10-07 Kostreba\CU 10-U7 Staff report to PC 46-lU.doc
F,l
River
Location Map N
Case Number: CU 03-05 RUSSELURYAN KOSTREBA
Memorandum
Date: 4/5/10
To: Jeremy Barnhart
From: John Anderson
RE: Kostreba Mini Storage Expansion
.^
BDM
CO1`SBL'l7NG ENGP~EERS AAiD SLIRt~EYORS; PLC
60 Plato Boulevard East: Suite 140
St. Paul, MN 55107
763-786-4570, Fax 763-786-4574
I have reviewed the sketch provided for the Kostreba Mini Storage Expansion. I met on site
with Russell Kostreba to look at the erosion area. Mr. Kostreba said that he is concerned
about ability to access to the property where the storm water pond is located in order to do any
work to repair erosion. I found the erosion of the pond is as described by Mr. Kostreba. The
eroded area is approximately 2 to 3 feet wide and 9 to 18 inches deep. The eroded slope of the
pond is on the south end of the pond and along the path where the surface drainage from the
Mini Storage site enters the pond.
The proposed expansion of the Mini storage site will increase run off to the pond and add flow
to the area where the erosion has developed. Given these conditions 1t is necessary to repair
the erosion in conjunction with the expansion of the mini storage site. The plan for the mini
storage site should be amended to include work to restore the south slope of the pond.
BDM Project #
Elk ~
River
13065 Orono Parkway
Elk River, MA' 55330
March 10, 20 i 0
Midwest Mini-Storage
Mr. Iiostreba
15029 197`'' Avenue ~~1
Elk River, MN 55330
Re: Conditional Use Permit amendment -Staff Comments
Dear Mr. Iiostreba,
At the Site Plan Rezriew Committee meeting on March 2"d, staff re~~ewed dour application
and has the following comments:
Timetable
1) I anticipate this item going to the Planning Commission on April 13~' and to the City
Council on April 19~'. These meetings will likely start at 6:30.
Engineering
2) Please note City Engineer's comments in the attached memo dated March 9, 2010.
Landscaping /Vegetation
3) The original site plan approved in 2003 indicated a number of trees to be planted. It does
not appear that these trees have been planted, or are no longer living. These trees will need
to be planted. I am attaching the approved landscape plan from 2007. Regardless of the
action of the Council regarding your amendment, these trees will need to be installed.
Fire Chief
4) Please note that at least a 20-foot wide clear aisle must be preserved around the outdoor
storage.
Miscellaneous
5) Sign. The ordinance allows one free standing sign, currentl7 installed along Janis Street.
To install a second sign, a variance will be necessary. As an alternative, you may consider
placing a sign on the building. You are permitted one 120 sq. ft. sign.
61 The Cite Council will ]ikely impose some time limit associated with the outdoor storage.
The sense staff got from the Council during the review of a similar use ~~as that they felt it
was more of a temporary feature, rather than a long term feature. ~,'~hat is your expected
time line
Phone: 763.635.1000
Fax: 763.635.1090
wwKr ci.elk-river.mn.us
~ -
Comment m liostreba, LL. lU-U i Pagr? -
It is helpful to generate apoint-b~>-point response letter to these comments as part of sour
newt submittal. That a-ar, focus can be directed to comments that a%ere not addressed and to
those that required additional discussion, reducing time necessar~• for staff re~-ieu>.
The point-b~--point letter, supporting information, and and revised dra~-ings should be
pro~-ided b~- _~pril 6`'', 2010 for inclusion in the Planning Commission packets that go out
that meek.
Please do not hesitate to contact me should sou have anT questions, I can be reached at
(763j 63~-1000.
5incerelr,
J rem~~ B art
Planning Manager, _~ICP
C:\lisers\dhuebner\:
\Loca]\i\licrosoft\~'mdows\1'emporars• lntemet Files\OLT~87E4\CU 1~~-0? Staff reriecc letter 3-~-IU.doc
Memorandum
Date: 3/9/10
To: Jeremy Barnhart
From: John Anderson
RE: Kostreba Mini Storage Expansion
..-~
lJ~~
CONSULTING ENGINEERS AND StiRFEPORS, PLC
60 Plato Boulevard East: Suite 140
St. Paul: MN 55107
763-786-4570, Fax 763-786-4574
I have reviewed the sketch provided for the Kostreba Mini Storage Expansion. The following
are my comments:
1. The surface of the outdoor storage area is not identified in the plan. The plan should
identify what hard surface material will be put in place.
2. The drainage for the site is primarily directed to the storm water pond to the north. Aerial
photos of the site show erosion in the area where this drainage enters the pond. The plans
should include a solution to this ongoing problem. As well as removal of sediment that has
been washed into the bottom of the pond.
BDM Proj ect #
Midwest Mini-Storage
15930 Jarvis ST Elk River MN 55330
Owners: Russell Kostreba Ryan Kostreba
Elk River Planning Commission and City Council Members
Our request is for amendment to our existing conditional land use permit. We are
asking for use of outdoor storage to store boats and motorized and non-motorized
Recreational vehicles. Also we want to make a change to the site plan to show a new
sign located at the back of the property to be seen from the North Star commuter train.
There will be no change to the existing Grading plan or marked parking spots
needed. All spats for outdoor storage will be contained behind existing buildings to
minimise being seen from the street.
Thank you for your consideration
Midwest Mini-Storage
Russell Kostreba CEO
763-441-2583
Pictures sent with application
The first three (3}pictures are a view of Midwest Mini-Storage's facility from the street.
The next two (2) pictures are a view of Midwest Mini-Storage's neighbor directly to the
south.
The 6~' picture is a view from across the rail road tracks looking through the property of
the same neighbor in pictures 4 and 5 at the back of Midwest Mini-Storage's facility.
The last two (2) pictures are the view from the street of a property located 3 property's
north of Midwest Mini-Storage.
List of items and equipment to be stored out doors
Boats
Boat trailers
Campers
Motor homes
Car trailers (open or enclosed)
Snowmobile/ATV trailers (open or Enclosed)
All items to be stored will have to follow an appearance code. (I.E. no broken windows,
no missing covers or body panels, no flat tires ect.)
March 15, 2010
~~ ~ ~l?~
City of Elk River ~
Jeremy Barnhart ~ ~~ ~~
13065 Orono Parkway
Elk Rver MN 55330
Re: Conditional use permit amendment-response
Dear Mr. Barnhart,
Here are my point by point response to city staff and engineer's comments:
En~ineerin~
2-1.) The surface Midwest Mini-storage planned to use for the outdoor storage area is class 5
Gravel.
2-2.) We at Midwest Mini-Storage inspected stated erosion and found that most of the erosion
is only 2-3 feet wide and 9-18 inches deep. There is now vegetation growing in this area to
prevent more erosion. We feel with the difficulty in growing any kind of vegetation in the
sandy soil that doing any kind of dirt work may actually amplify the problem and start the 4-6
year battle over that the actual land owner went through of stopping the erosion .
Landscaping/vegetation
3.) All Tree's required were originally planted and have since died. 30 tee's were replanted and
most have died. At the time of construction We were told By a member of the City of Elk River
staff that we could not have a well at the site for only irrigation purposes, that we need to have
an office with bathrooms, a septic system, and parking stalls to accommodate. That was not a
good financial path to take so we declined. So with no water to keep trees alive they have died.
This spring we planned on started with 5-10 new tree's with a new plan to help keep them
alive. If this worked we would do another 5-10 trees Until we get to where we need to be.
Fire Chief
4.) we plan on having a 25 foot wide path all the way around the area.
Miscellaneous
5.) We will leave the sign for now and reconsider the best path to take.
6.) We do not have an expected timeline. It could easily take 10-15 years to build enough
buildings to use up all that land and we do not know how the economy or our business will do
for the next 10-15 years. So our plan was for permanent outdoor storage. As the city lawyer
stated many city's require mini-storage's to have outdoor storage so as not to clutter up yards
in town. That is along the lines of what we were thinking.
Sincerely,
r
Russell Kostreba CEO
Midwest Mini-Storage
763-441-2583
763-438-6151
50582
COUIi~'1' RECORDER
SHERBURNE gyp, MIh~P~.
' MICHELLE ASHF
'03 (~~~ 22 8~ 1~, pfd
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RNER
Tn the matter of: Russell and Ryan 1£ostreba
Request: Conditional Use Pernut for Mini-Storage Facility
Case Na. CU 03-05
CONDITIONAL USE
PROCEEDINGS
ORDER GRANTING
CONDITIONAL USE
Cascade I Land Co., Owner
The above entitled matter came to be heard before the City Counrii on the 2 ist day of April,
2003 on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the
following described property:
Lot 2, flock 1, Cascade Industrial Park,
Sherburne County, Minnesota
IT IS ORDERED that a Conditional Use be granted as upon the following cox~.ditions or reasons:
1. ALL COMMENTS OP THE CITY ENGINEER ARE ADDRESSED.
~, ,ALL DRIVE AISLES BE SIGNED ONE-WAY.
3. THE PAK LIGHTING ON THE ENDS OF THE BUILDING SHALL NOT
SHINE ONTO ADfACENT PROPERTIES.
4. THE LOCATION OP THE FREESTANDING SIGN SHALL BE SHOWI~T ON
THE SITE PLAN.
5. BITUMINOYTS CURB SHALL BE INGLUDED AROUND THE PAVED AREAS
THAT DO NOT HAVE CONCRETECURB/GUTTER.
CITY OF ELK RNER CITY COUNCIL
6. A STREET LIGHT SHALL BE INSTALLED ALONG jARVIS STREET ON TFiE
SOUTH SIDE QP THE ENTRANCE PER THE POLICE DEPARTMENT
RECOMMENDATION.
7. PARKING SPACES FOR TI-IE WALKUP UNITS SI IAI.L BE SHOWN ON 'THE
SITE PLAN. THEY SHALL BE LOCA'T`ED ADJACENT TO THE ENDS OP
THE BUILL}INGS. A 1VIINIMLJM dF TWO SPACES AT EACH END SHALT. BE
PROVIDED.
S. NO OUTDOOR STORAGE IS ALLOWED.
9, STORAGE OF DA7.AR7~OUS OR Fr.aMNraRI,E MATERIAL IS PROHIBITED.
10. NO ACTIVITIES SUCH AS AUCTIONS, SALES, REPAIR OR SERVICING OF
GOODS, VEHICLES, EQUIPMENT OR MATERIALS SHALL BE
CONDUCTED FROM THE SITE.
11. 1V0 ELECTRICAL SERVICE SHALL BE PROVIDED FOR TENANTS.
12. NO PARKING SIGNS SHALL BE INSTALLED ATAPPROPRIATE
LOCATIONS.
13. THE HOURS THAT THE FACILITY CAN BE OPEN SHALL BE LIMITED TO
6AM TO 14PM.
DATED this 21st day of April, 2003.
S,iPLAN1~TG\Case F$es~2003\CU Q3-Q5 l~astreba•Mini Stot~elRecordmg doc,doc
STATE OF MINNESOTA )
COL7IVTY OF SHERBURNE } ss.
CITY OF ELK RIVER
ELK RNER
I, Michele McPherson, Director of Planning for the City of Elk River with and in far said
City, do hereby certify that X 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, fallowing 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 perniit authorizes only the use sgecified in the
permit and shall expire if, for airy reason, the authorized. use ceases far more than one (1~ year.
/'
LJ' o~
Mi ele McPherson
D' ector of Planning
IN TESTIlIIOI~Y WHEREOF, I have hereunto subscribed my hand at Ever,
sate, in the County of Sherburne, in the City of Elk River, on the ~~ day of
2003.
DRAFTED BY:
Ciry of Elk River Signed bef~o~rfe me a NO'T`ARY PUBLIC
Elk River, Minnesota 55330 this ~~ day of ~ , 2003.
DIrBORAH KAY liUEBMER
NOTARY Pt18i.IC • M1NNE60TA
M4y t:Gr~missbri Expires Jsn. 3i, 2005
OFFICE OF CITY PLANNING
AND ZONING
S:~PLAI~RVING\Crase Files\2043\QT03-05 Kostreba-Muu Smrage\Recerding +iac.doc
STATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE
CONDITIONAL USE
PROCEEDINGS
CITY OF ELK RIVER
In the matter of: Lakeland Properties, LLC
Request: Conditional Use Permit to Allow Ministorage and outdoor storage
Case No. CU 10-01
ORDER GRANTING
CONDITIONAL USE
Renner-Sharp, Owners
The above entitled matter came to be heard before the CitST Council on the 15`'' day
of March, 2010, on a petition for a Conditional Use pursuant to the City of Elk River
Zoning Ordinance, fox the following described property:
See Attached Exhibit A
IT IS ORDERED that an Conditional Use to operate a ministorage and outdoor storage as
illustrated on plans dated received January 19, 2010 (attached as Exhibit B) be granted, upon
the following conditions or reasons:
1. All comments from staff comment letter dated December 23, 2009.
2. All comments of the City Engineer memo dated January 26, 2010 shall be
addressed.
3. As a Conditional Use Permit is not a Building Permit, the applicant shall
apply for all require permits.
4. The development shall meet all applicable fire codes.
5. A NPDES permit is required prior to final approval of construction drawings.
6. All landscaping, including turf establishment shall be completed either prior
to occupancy or provision of a letter of credit in an amount approved by staff
necessary to guarantee completion of the work.
7. This approval of this Conditional use Permit shall expire after 2 years, unless
at least two buildings have been completed and occupancy issued.
8. Storage of hazardous or flammable material is prohibited.
9. No activities such as auctions, sales, repair or servicing of goods, vehicles,
equipment or materials shall be conducted from the site.
10. No electrical senrice shall be provided for tenants.
11. No Parking signs shall be installed at appropriate locations as required to
maintain fire aisles.
12. All doors should be painted to match the building color.
13. Outdoor storage shall be limited to Boats, RV's, Campers and trailers, and
shall not continue beyond the date the 4`i' building is built.
14. Outdoor storage shall not begin until the 1s` two building are built.
DATED this 15T'' day of March, 2010.
S:\Community Development\Planning Main\Case Files\CUP\CU 10-01 Sharp\CU 10-01 recording doc 3-15-10.doc
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 fox said
CitS-, do hereby certify= that I have compared the foregoing copy and Order granting an
Interim Use with the original record thereof preserved in my office, and have found the
same to be a true transcript of the a=hole thereof.
If the proposed work described in an interim 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 ~1HEREOF, 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
2010.
DRAFTED BY:
CitS= of Elk River
Elk River, Minnesota 55330
Signed before me a NOTARY PUBLIC
this day of
2010.
S:\Communit<~ Development\Planning Main\Case Files\CUP\CU 10-O1 Sharp\CU 10-01 recording doc 3-15-10.doc
EXHIBIT A
Legal description of the subject property is
Lot 6, Slock 1, Renner 4~` Addition, Sherburne County, MN.
S:\Community Development\Planning Main\Case Files\CUP\CU 10-01 Sharp\CU 10-O1 recording doc 3-15-10.doc
EXHIBIT B
Plans dated received January 19, 2010.
S:\Community Deve]opment\Planning Main\Case Files\CUP\CU 10-01 Sharp\CU 10-Oi recording doc 3-15-10.doc
Fire coPr
City of
Elk ~'
River
1306> Orono Parkway
Elk River, MN S>330
June 4, 2004
Olson General Contracators, Inc.
Attention: Greg Michael
9201 52°d Avenue North
Suite # 1
New Hope, Minnesota 55428
Re: Request for Variance and Conditional Use Permit
Dear Mr. Michael:
Your request for a variance to the landscaping ordinance was denied by the City Council on
May 17, 2004, based on the following findings:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE
HARDSHIP.
2. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE
WOULD NOT DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER
PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS
ORDINANCE.
3. THE PETITIONER HAS THE OPTION OF PLANTING LARGER TREES WHICH
WOULD REDUCE THE NUMBER REQUIRED.
4. THE SITE IS LARGE ENOUGH TO ACCOMMODATE THE TREES REQUIRED.
Your request for a conditional use permit was approved with the following conditions:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. ALL SIGNAGE SHALL COMPLY WITH THE SIGN ORDINANCE AND THE
FREESTANDING SIGN SHALL BE SETBACK 10 FEET FROM THE PROPERTY
LINES.
3. ALL LANDSCAPED AREAS SHALL BE IRRIGATED.
Phone: 763.635.1000
Fax: 763.635.1090
www.ci. elk-river.mn.us
..n ~ ~ ~ .
4. THE EDGES OF THE OUTDOOR STORAGE AREA SHALL BE PERMANENTLY
DEFINED WITH LANDSCAPING TIES.
5. ONE ADDITIONAL OVERSTORY TREE BE PLANTED.
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.
A copy of the recorded conditional use permit filed with Sherburne County will be mailed to
you when we receive the original back from them.
If you have any questions, please contact Scott Harlicker at 763/635-1034, or Director of
Planning Michele McPherson at 763/635-1031.
Sincerely, ./
Debbie Huebner
Planning Department
S:\PLANNING\Case Files\2004\V 04-02 Olson General Contractors\Denial ltr.doc
r
STATE OF MINNESOTA
COUNTY OFSHERBURNE
CITY OF ELK RIVER
Office of the County Recorder
Sherburne County, MN
Doc. No. 555387
Certified filed and/or recorded on
a~-ZS-2oa4 at aa:oa
Michelle Ashe, County Recorder
gy Deputy Fee: $ 20.00
CITY OF ELK RIVER CITY COUNCIL
CONDITIONAL USE
PROCEEDINGS
in the matter o£ Olson General Contractors, Inc.
Request: Conditional Use Perniit for Outdoor Storage
Case No. CU 04-08
ORDER GRAN'I~TG
CONDITIONAL USE
Cascade LLC, Ownex
The above-entitled matter came to be heard before the City Councal on the 17th day of May,.
2004, on a petition for a Conditional Use gursuant to the City of Elk River Zoning Ordinance, for
the following descn'bed property:
Lot 2, Block 1, Cascade Industrial Park 2~ Addition,
Sherburne County, Minnesota
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons:
i. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. ALL SIGNAGE SHALL COMPLY WITH THE SIGN ORDINANCE AND THE
FREESTANDING SIGN SHALL BE SETBACK 10 FEET FROM THE PROPERTY
LINES.
3. ALL LANDSCAPED AREAS SHALL BE IRRIGATED.
4. THE EDGES OF THE OUTDC~R STORAGE AREA SHALL BE PERMANENTLY
DEFINED WITH LANDSCAPING TIES.
5. ONE ADDITIONAL OVERSTORY TREE BE PLANTED.
DATED this 17th day of May, 2004.
S:~PLANI~TING\Case F71es12004\CU 04-08 Orton GWxeral Coatr~Recordutg doc.doc
STATE OF MINNESOTA )
COUNTY OF SHERBURNE) ss.
CITY OF ELK RIVER
ELK RIVER
I, Michele McPherson, Director of Planning for the Cite 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, anal 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 substatmially
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 far a permit
extension prior to its expu~tion. A Conditional Use permit authorizes only the use specified in the
permit and shall. expire if, for arty reason, the authorized use ceases for more than one (1) year.
u.~i
Mi e1e McPherson
ctor of Planning
IN TESTIMONY WFIEREOF, I have hereunto subscribed my hand at River,
rota, in the County of Sherburne, in the City of Elk River, on the day of
,C/Lt~ , 2004.
DRAFTED BY:
City of Elk River Signed bef re me a NOTARY PUBLIC
EIk River, Minnesota 35330 this day of , 2004.
_~ `~
aaaaa
DEBORAH }CAY HUE$NER
NOTARY PUSUC -MINNESOTA
~,~y {~ Expires ,fan. 31, 2005
OFFICE OF CITY PLANNING
AND ZONING
S_\PL,AT~TING\Case P~7es\2004\CCJ 04-08 Olson Genera(Contr\Rewrding doc.doc
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RUSSEL KOSTREBA
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.Jnhn nlivor .R A.....--c- ~
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DATE: 01/31/03 REV
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DATE
~tw1.nt,.y me or under my direct supervision DESIGN BY: MCB 1 03 08
and that I am a duly Licensed Prof- DRAWN B\': SAS 2 04 O1
essional Engineer under the laws of 3 0 8
-5665 the stole of Minnesoto. CHECKED BY: MCB/WJM
DWG
8081
105K 1
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Soto ~~ ~ ~~
Signature: ~^~--
TEXT:
, 8081
11-03
Date: 02/26/03 Reg. No. 26777 .
FILE NO.:
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KOSTREBA MINI-STORAGE
John Oliver & Associates, JnC.
Civit Engtnearing
Land suree
in
Land Pl
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DATE: 02/26/03
NO
DATE
DESCRIPTION
Z ,
y
g,
ann
ng DESIGN BY: DLC 7 03 OB 03 CITY COMMENTS
ELK RIVER, MN 580 Dodge Avenue DRAWN BY: DLC 2 04 O1 03 CITY COMMENTS
~ Elk R%ver, M%nnesota 55330 3 07 08 0 RELOCATE ENTRANCE DRIVE
RUSSEL KOSTREBA 763-441-2072 FAX 763-44l-5665 CHECKED BY: DLC
8081-tOLANOSCAPE
DWG
\ Offices %n: Elk River, Durnsville .
-P LANDSCAPE PLAN and Brooklyn Center, Minnesota TEXT:
FILE NO
: 8081-10-11
.