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Elk <br />River <br />Request for Action <br />To <br />Item Number <br />Mayor and City Council <br />7.3 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Public Hearings <br />February 16, 2016 <br />Zack Carlton, Planning Manager <br />Item Description <br />Reviewed by <br />Briggs Companies —17432 Zane St NW <br />Cal Portner, City Administrator <br />7.3a Land Use Amendment to change the land <br />use from FAST to Highway Business <br />Reviewed by <br />7.3b Conditional Use Permit tooperate a hotel <br />Action Requested <br />Deny, by motion, the Land Use Amendment request for the following reason: <br />1. The proposed use is not consistent with the Comprehensive Plan. <br />2. The proposed use is not compatible with surrounding properties. <br />Deny, by motion, the Conditional Use Permit request for the following reasons: <br />1. Criteria #2 is not met - The project is not consistent with the Comprehensive Plan. <br />2. Criteria #3 may not be met - A non -conforming land use could impede the normal and orderly <br />development of the surrounding vacant properties as planned for in the adopted Comprehensive <br />Plan. <br />Criteria #7 is not met — The proposed use does not meet the definition of a "hotel" as defined in <br />city ordinance section 30-1. <br />Background/Discussion <br />Case Nos. LU 16-01 and CU 16-01 <br />The applicant is seeking approval of a Land Use Amendment to change the designated land use from <br />Focused Area Study (FAST) — The Point to Highway Business and a Conditional Use Permit (CUP) to <br />operate an extended stay hotel on the existing Elk River Lodge and Suites property. <br />Zoning <br />The property, 17432 Zane St NW, received a CUP (CU 11-07) for operation as an extended stay hotel in <br />May of 2011 due to expiration of the original hotel CUP in April of 2010. The property operated as a <br />hotel per the requirements of the 2011 CUP until an inspection by the State Fire Marshal's office on May <br />1, 2014, determined that the operation no longer met the requirements for a hotel. The Fire Marshal's <br />report states "At time of inspection attempt, upon contact with Marla of Briggs Company ... it was <br />determined that the facility is no longer being occupied as an R-1 Hotel/Motel Occupancy. Per Marla, all <br />occupants are leasing a unit or multiple units for greater than 30 days which would be an R-2 <br />occupancy." An R-2 occupancy is an apartment building per the state building code. <br />Additionally, the Minnesota Department of Health, who licenses and inspects hotels, noted that during a <br />routine inspection on May 14, 2014, and during a conversation with Marla from the Briggs Companies, <br />that the establishment was being rented out as an apartment building and not used as a hotel. <br />P'UWERf0 8C <br />1`4ATMRE <br />