5.1. BASR 03-22-2022 - Laserfiche WebLink

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Plants and Things, Elk River, MN Revised March 10, 2022 HLI21001 1 Introduction On behalf of Hickman Land Investments, Landform is pleased to submit this application for rezoning, variance, preliminary plat and final plat approval to allow a service center and warehouse with outside display for Plants and Things at 15612 Jarvis Street NW in Elk River, MN. The site includes the existing Furniture and Things business on proposed Lot 1, Block 1 and the new Plants and Things operation on Lot 2, Block 1, Hickman Addition. Our redevelopment plan includes a plat to consolidate three parcels into two lots and two outlots. We are excited about the improvements proposed for this site. Rezoning We are requesting a rezoning from I-3 (General Industrial) to C-3 (Highway Commercial) to for the property at 9875 US Highway 10. This is consistent with the zoning at 15612 Jarvis Street NW for Furniture and Things. The C -3 zoning will allow development of the Plants and Things business as shown on the plans. Site Plan Review The proposed site plan for the site includes two buildings for the operation of the Plants and Things business along with outdoor sales yards for display of the landscaping products. We are meeting the standards in the City Code with the exception of the variance for outdoor display area included below. Variance We are requesting City approval for a variance from the accessory structure size limits to allow a 179,000 sq. ft. of outdoor display area for Plants and Things on Lot 2. We have reviewed the request in accordance with MN law and City ordinance standards in Section 30-635 and find that the ordinance standards have been met. Specifically: 1. The variance is in harmony with the general purpose and intent of the ordinance. The two standards that apply to outside storage in the zoning ordinance are in Section 30-939 and 30-1024. They restrict the outdoor display area to 1% of the lot area and 10% of the floor area of the principal structure. This would allow 4,265 square feet using the lot area and 1,200 square feet using the principal structure area. While these standards seem reasonable for a gas station with outdoor display or a grocery store with outdoor display, we do not believe the intent of the ordinance was to limit a unique business like Plants and Things to the same standard. Therefore, we believe the variance to be in harmony with the ordinance. 2. The variance is consistent with the City of Elk River comprehensive plan. The variance would allow development of a business that is anticipated by the comprehensive plan. 3. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that:(1) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;(2) The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and (3) The variance, if granted, will not alter the essential character of the locality.