5.1. BASR 09-27-2022 - Laserfiche WebLink

Home Browse Search

Council removed educational uses as an allowed use in the Business Park zoning district in 2018, reclassifying the three Spectrum facilities in the district as legal-nonconforming uses. These operations may continue provided they continue to follow the standards outlined in their approvals. Spectrum’s approvals included a cap on the number of students and as their class distributions have shifted, the number of high school students has placed a burden on the parking facilities. Older students prefer to drive to school, and Spectrum is proposing an expansion of their existing parking lot to accommodate the additional demand. The requested expansion adds 124 parking spaces. Legal non-conforming uses may only expand in accordance with Sec. 30-698 of the city code, which states: Permission to expand a nonconforming use may be requested and granted pursuant to the procedures and standards set forth in subdivision II of division 2 of this article, provided: (1) The cost of the expansion is not in excess of 25 percent of the assessed value of the improvements on the property. (2) The expansion will not make the property any less compatible with adjacent properties. The request does not exceed 25 percent of the assessed value of the improvements on the property nor does the expansion make the property less compatible with adjacent properties. With these standards met, ordinance prescribes a formal review using the variance process. Applicable Regulation Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and Educational uses were removed as an allowed use in the business park zoning district to preserve available land and uses for industrial and jobs related uses. The proposed expansion of the parking lot at the high school does not impact additional parcels nor does it impact the scope (overall number of students) permitted to attend the school. The request is in harmony with the intent of the ordinance. 2. Is consistent with the City of Elk River Comprehensive Plan. The Comprehensive Plan guides the property for semi-public/institutional uses, supporting the school’s use of the property. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Expansion of the parking area provides additional off-street parking options for the students, which has been a concern of nearby businesses in the past. The parking area has the potential to improve the compatibility with nearby uses and uses the property in a reasonable manner. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or inaction; and The City Council initiated the removal of institutional uses as an allowed use in the district. Removal of the use requires the current variance request and is not a consequence of the petitioner’s own action or inaction. 5. The variance, if granted, will not alter the essential character of the locality. As noted earlier, the parking lot expansion has the potential to improve the character of the area by allowing more off-street parking for students. Large parking/paved areas are also commonplace in industrial settings.