2. SR 05-17-2010~j
Elk REQUEST FOR ACTION
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River
To Item Number
Ma or and Ci Council 2.0.
Agenda Section Meeting Date Prepared by
May 17, 2010 Jessica Miller, Executive
Secreta /De u Ci Clerk
Item Description Reviewed by
Decision on Appeals from Recessed Meeting of April 28, 2010 Tina Allard, Ci Clerk
Reviewed by
Lori ohnson, Ci Administrator
Action Requested
Board motion on each of the eight properties listed in the attachment. Options for decisions include:
^ No change
^ Lower the value
^ Raise the value
^ Notify a property owner of intent to raise the value
^ Change the classification
Background/Discussion
At the Apri128, 2010, Board of Appeal and Equalization meeting, there were several properties that the
Board directed the County Assessor to review. County Assessor Gerald Kritzeck and his staff will be
present at the May 17 reconvene meeting of the Board of Appeal and Equalization to review and update
the Board on those properties. Attached is a summary of the appeal and action taken by the Board at the
April 28 meeting.
Attachments
^ Summary of appealed parcels continued to reconvene meeting on May 17.
^ Draft letter to BTDJ Properties and Investments, LLP (see #5 of appeal summary)
Action Motion by Second by Vote
Follow Up
S:\Public Bodies\Council\Council RCA\Council Issues\Board of Appeal Reconvene.doc
Properties continued to reconvene meeting of Board of Appeal and Equalization on
May 17, 2010
1. Grace Ostien, Parcel Identification Number 75-117-4007
Ms. Ostien indicated she would like a change in classification to remain in the Green Acres program.
Ms. Henderson stated she would like to review the property to ensure that the property qualifies for
the change in classification.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN FOR THE APPRAISER TO REASSESS PARCEL 75-117-
4007 AND REPORT BACK AT THE RECONVENE MEETING. MOTION CARRIED 5-
0.
2. Elk River Aerie #3264, Parcel Identification Numbers 75-405-0940, 75-405-0910, and
75-405-0920
Discussion took place on the Eagles Club classification of a club versus commercial. It was noted the
Eagles hold a club liquor license. Discussion also took place on combining parcels 75-405-0920 and
75-405-0940. Elk River Aerie #3264 can initiate this with the County Assessor.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER GUMPHREY FOR THE COUNTY ASSESSOR TO REVIEW
PARCEL 75-705-0940 AND REPORT BACK AT THE RECONVENE MEETING.
MOTION CARRIED 5-0.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER WESTGAARD FOR THE COUNTY ASSESSOR TO REVIEW
PARCEL 75-405-0910 AND REPORT BACK AT THE RECONVENE MEETING.
MOTION CARRIED 5-0.
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3. Thomas and Sara Hartman, Parcel Identification Number 75-597-0110
Ron Touchette, agent for Mr. and Mrs. Hartman, indicated that the Hartman's have two adjacent lots
for sale which are largely identical but parce175-597-0110 is valued higher. He requested that the
value on this parcel be reduced to $2.83 per square foot to be consistent with parcel 75-597-0105.
Mr. Cullen indicated that both parcels were lowered in 2006 and have held value considerable to
other vacant commercial lots within the city.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY FOR THE APPRAISER TO REVIEW PARCEL 75-
597-0110 AND PARCEL 75-597-0105 AND REPORT BACK AT THE RECONVENE
MEETING. MOTION CARRIED 5-0.
4. Chester Borger, Parcel Identification 75-672-0505
Mr. Borger requested his value be reduced to $365,000 based on the sales of neighboring homes.
Mr. Olson indicated that one of the neighborhood sales was a short sale and cannot be included in
their sales data. He added that Mr. Borger's home is more square footage at 1932. Mr. Borger
indicated his home is only 1700 square feet.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY FOR THE APPRAISER TO REMEASURE AND
REASSESS PARCEL 75-672-0505 AND REPORT BACK AT THE RECONVENE
MEETING. MOTION CARRIED 5-0.
5. BTDJ Properties and Investments LLP, Parcel Identification Number
75-105-2105
Mr. Riley presented a handout on the above parcel.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE CHANGE IN CLASSICATION
FOR PARCEL 75-105-2105 AS SUGGESTED BY THE COUNTY ASSESSOR.
Discussion took place on whether or not this is an approved commercial use in this area.
COUNCILMEMBER GUMPHREY WITHDREW HIS MOTION.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER WESTGAARD FOR CITY STAFF TO REVIEW PARCEL 75-105-
2105 TO SEE IF THE COMMERCIAL BUSINESS IS AN APPROVED USE AND
DISCUSS AT THE RECONVENE MEETING. MOTION CARRIED 5-0.
See attached draft letter from Planning Manager Jeremy Barnhart.
6. J. Brandenburg and C. Fox-Brandenburg, Parcel Identification Number
75-466-0170
Mr. Riley presented a handout on the above parcel.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN FOR CITY STAFF TO REVIEW THE ABOVE PARCEL
TO SEE IF A CONDITIONAL USE PERMIT HAS BEEN OBTAINED TO OPERATE A
COMMERCIAL BUSINESS IN A RESIDENTIAL AREA AND REVIEW AT THE
RECONVENE MEETING. MOTION CARRIED.
Staff confirmed there is a conditional use permit on this property.
7. Cbcf Limited Partnership, Parcel Identification Number 75-405-0270
8. Scottish Rite Childhood Language, Parcel Identification Number 75-709-0105
Mr. Riley presented handouts on the above parcels. Mr. Riley indicated he would like tune to review
these requests.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN FOR THE COUNTY ASSESSOR TO REVIEW PARCELS
75-405-0270 AND 75-709-0105 AND REPORT BACK AT THE RECONVENE MEETING.
MOTION CARRIED 5-0.
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See ~5
May 12, 2010
BTDJ Properties & Investments, LLP
Dba Hans Foreign Auto & Truck Parts, Inc.
22823 Elk Lake Road NW
Elk River, MN 55330
Dear Property Owner:
It is noted that Hans Foreign Auto & Truck Parts, Inc. is an operating business in the A-1
Zoning District, and has for many years.
This operation is inconsistent with City Zoning Ordinance and is not permitted.
Please let this letter serve that the City recognizes the nonforming nature of your operation
and that expansion of the business, including structures, garages, and signage is prohibited
unless zoning changes are made.'
Please refer to the attached aerial photo dated ,which memorializes the
current scale of the operation.
If you have any questions regarding this letter or the City zoning requirements, please
contact me at 763/635-1034.
Sincerely,
Jeremy Barnhart
Planning Manager
C:\Documents and Settings\jbamhart\Local Settings\Temporary Internet Files\OLK3E\Hans Foreign Auto Truck Parts (2).doc