4.2 PCSR 10-27-2015 - Laserfiche WebLink

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The building is currently in use as an apartment building,which is not a permitted or conditional use in the Highway Business (C-3) zoning district, and is classified as an illegal use. The city adopted an updated comprehensive plan in May 2014 where the land use designation for the parcel was changed to reflect the Focused Area Study (FAST). The FAST guides this, and adjacent parcels to the south, for high density residential uses.The residential guidance supports the current use as an apartment building,but requires a re-zoning (C-3 to R-4) to eliminate the illegal use status. A re- zoning application will also require submittal of updated building plans identifying the changes necessary to change the use from a hotel to an apartment building. Although the property has operated as a hotel in the past,updated transportation plans, changes to access along highway 10, and new city plans/studies may not support this type of use anymore. The FAST, through the Comprehensive Plan, recognized the limited access to the subject property and surrounding area and its unique access to the Mississippi River. Because of this, the subject property and surrounding areas were guided for uses that do not rely on access or visibility from the highway. Additionally, amending a single property in an area may impede the normal and orderly development as planned for in the adopted Comprehensive Plan. If the Planning Commission believes the proposed use is not with the comprehensive plan and long range vision for the area a recommendation of denial should be made. However,if it is the desire of the Planning Commission to change the land use of the subject property, then the Commission should recommend that the larger area within the FAST be reevaluated. Conditional Use Permit Building The applicant is proposing to utilize the entire building for the extended stay hotel use. The building was originally constructed as a hotel, and as the uses are the same, minimal changes are required to re- establish the use. However, submitted plans show a significant amount of work that has been completed without any building permits. City staff completed an inspection of the building after receiving an application for a rental license in May 2015 and identified a number of building code violations beyond the identified non-permitted work. Staff has made every effort to work with the building owner to address identified violations and complete inspections of the non-permitted work, but has been met with significant resistance on the part of the building owner. The building department does not have a record of any inspections or permits having been requested for the work highlighted on the attached plans. Regardless of the recommendation made by the Planning Commission, the property owner must receive building permits and complete the necessary inspections. Building permits and inspections are a crucial part of ensuring the safety of the residents and patrons of the business. Without authorization from the building owner to inspect the non-permitted work the city cannot guarantee the safety of the building. Transportation/Circulation/Parking The subject property has one access point onto the cul-de-sac at the end of Zane Street. The nearest access to the highway is at the 173`d Street/Hwy 10 intersection. This intersection only permits right in and right out movements and is scheduled to be closed when MnDOT completes future work along the N:\Departments\Community Development\Planning\Case Files\CUP\CU 15-17 Elk River Lodges\CU 15-17 sr PC ER Lodge 10-27-2015-£docx