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5.5. PCSR 02-27-2024
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5.5. PCSR 02-27-2024
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2/23/2024 8:37:41 AM
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2/27/2024
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property will become compliant in a reasonable timeframe. Upon approval, this CUP shall be recorded by April <br />15, 2024, or the city may begin the revocation process. <br />Background/Discussion <br />The property was rezoned to Highway Commercial eight years ago and received two Conditional Use Permits <br />(CUPs), one in 2016 and another in 2019. Neither CUP has been recorded with the county as the property owner <br />has received several extensions to continue finalizing the project. A condition of approval for CU 19-14 was the <br />1,500 square foot office/house structure shall be removed by October 21, 2021. To date, this has not occurred. <br />The applicant is requesting an amendment to their existing CUP (CU 19-14) to allow the office/house structure to <br />remain utilized as an office. The structure has already been converted into office space and the applicant will need <br />to obtain the proper commercial building permits for that work. Other than the addition of the office building, <br />nothing else will be changing from what was previously reviewed and approved. <br />The property is zoned Highway Commercial (C3) where auto body repair requires a CUP. The property is bound <br />by US Highway 169 on the west with a commercial concrete business across the highway, two properties the <br />applicant owns to the south, and ERX Motor Park, an off -road racing facility, to the east and north. The <br />property contains a pole building at —2,300 sq. ft., an office/house structure at —1,500 sq. ft., and a pole building <br />at — 10,400 sq. ft. <br />Analysis <br />Comprehensive Plan <br />The Gravel Mining Area Land Use, Transportation, and Utility Plan guide the properties for Highway Business <br />uses where commercial uses are allowed and encouraged. The proposed use is consistent with the <br />Comprehensive Plan. <br />Access/Parking <br />Access to the site is off US Highway 169 in the northwest corner of the site. The parking requirement for the <br />proposed office is one stall for every 300 square feet of area. The building is 1,500 square feet in size, requiring 5 <br />stalls. For auto repair, it is also one stall for every 300 square feet of area. The two buildings are 12,700 square <br />feet in size, requiring 53 stalls. <br />The submitted plan shows 45 parking stalls but there is enough area for proof of parking. Section 30-901 states <br />all driving areas and parking areas shall be bounded by B612 concrete curb and gutter. <br />Utilities <br />The septic system for the 10,400 sq.ft. building approved with CU 19-14 meets compliance for the commercial <br />activities. With the change of use of the house to an office, a certificate of compliance may be required, which <br />would require documentation from a licensed designer that the current septic system meets the design <br />requirements of the septic code for "other establishments". <br />Grading/Drainage <br />All areas of impervious surface must be treated. The applicant shall submit, as needed, calculations and designs <br />of stormwater Best Management Practices (BMP's) for the property as-builts. <br />Applicable Regulations <br />In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the <br />development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in <br />Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any <br />potentially adverse effects upon adjacent properties, the neighborhood, or the city. <br />
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