Eagle River planning commission sends CUP application to city council

The developer of an apartment complex on Eagle River’s east side has submitted a conditional use permit (CUP) application to add more apartments to the project.

The city’s planning commission voted on Feb. 6 to recommend to the city’s common council the issuance of that CUP allowing for the expansion.

Complex expansion

Premier Eagle River, LLC, is currently building an apartment complex on the northeast corner of the three-way intersection of US Highway 45 (also called East Pine Street), Wall Street and State Highway 70. 

“This is the company that is currently in the process of building three apartment buildings at this site and this is phase two,” city administrator Robin Ginner explained to the commission. “That would include four buildings, up to 48 new units. There are 12 units per building. It would be more on the eastern side of the property.”

Brandon Robaidek, a civil engineer with Robert E. Lee and Associates, spoke on behalf of the developer.

“We came in front of the board around late fall of last year for phase one of the development,” he said. “We know they’re working away at the buildings out there now and they want to get moving on phase two right away due to rising construction costs and the amount of interest that’s been received about getting into this facility. So we would like to move forward with four additional buildings on the back side of the property.”

The first phase of construction on the project entailed erecting three buildings, each containing twelve units for a total of 36 apartments.

The potential addition of the second phase would bring the total to 84 units across seven buildings. 

Commission member Mike Adamovich — who is also foreman of the city’s department of public works (DPW) — had no concerns about the volume of traffic in relation to the one-entrance layout of the complex.

Eagle River resident Michael Levine, who lives adjacent to the building site on White Pine Drive, expressed concern about the potential of local foot-traffic crossing his property as a short-cut from the apartments to a local tavern and a restaurant.

“Is there any type of barrier?” Levine asked. “We were wondering if there was any type of barrier to prevent people from the housing complex cutting through our yards to get to businesses on the west side of White Pine.”

“If that becomes an issue, where we have people cutting from our property and onto yours,” said Bob Murray, also representing Premier Eagle River, LLC. “We definitely would address it at that time with a fence or something. We won’t be putting up a berm, because to do that, we’d have to tear out a lot of trees. We don’t want to do that.”

If trespass) becomes an issue, he said, that could be discussed.

“We will have on-site managers there,” Murray said. “If that’s happening, we will definitely address it ... I wouldn’t want people walking through my yard, either.” 

Ginner confirmed to the commission she did not receive any public comments other than Levine's regarding the matter.

Commission member Adam Grassl asked whether city sidewalks would be extended to the apartment complex, allowing new residents easier access to Trig’s grocery store and other downtown businesses.

Currently, there are no city sidewalks along Wall Street east of Capich Drive.

“It would probably require grants to get sidewalks that far out,” mayor Jeff Hyslop said. “Another thing is that there is no curb and gutter once you get past the cemetery. It would be very difficult to do a sidewalk there.”

Part of the area, he pointed out, is in the town of Lincoln. 

“It could happen in the future if there’s enough call for it,” Hyslop said. “If so, it probably will happen someday in the future. As of now? Probably not.”

Grassl also asked whether all units in the apartment complex could be assigned different address numbers limited to one specific street name, Pine Haven Drive.

“Adam works with the county to make sure there’s consistency with all of the addressing,” Hyslop clarified.

Both Murray and Robaidek indicated that was consistent with the development’s original plan.

 Grassl then made a motion to recommend to the city council to CUP approval for the construction of phase two, with the condition that Pine Haven Drive will be the only named road into the new development. The motion passed unanimously.

Sale of city land

The commission also voted unanimously to recommend a city-owned parcel measuring .82 acres on the southeast corner of North Indiana Street and East Hospital Road be put up for sale with the intention of seeing it developed.

The parcel is currently zoned as office residential.

“This is the parcel across from the golf course that (city council member) Jerry Burkett had recommended that the city should sell,” Ginner told the commission. “It’s not doing anything other than just being there. It would be a way to bring some added money into the city, both in terms of the sale price, as well as getting it on the tax roll. I haven’t heard of any interest in it at this point."

“If we sell this, can we put a caveat on it that it has a building, so it doesn’t just stay as a piece of property, and it has more value?” planning commission member Debbie Brown asked.

“Sure,” replied Hyslop.

“And that it should be built within a year or something like that?” Brown asked. “Otherwise, people buy these things and just sit on them, and we don’t get any more taxes off of it.”

“We can put a time-limit on it,” Hyslop said. “Here, the bottom line is: do we think this is a good idea, and should we pursue this? That’s where our discussion lies. As far as putting a price on it, that’s ultimately the (city) council’s decision.”

Hyslop asked Adamovich whether the parcel could be put to use by the DPW and the foreman replied he could think of no legitimate reason to do so.

The parcel sits adjacent to the city’s municipal golf course, and Ginner indicated golf course superintendent Kyle Anderson likewise said there would be no practical purpose in absorbing the parcel as part of the course.

“So basically, it’s never been used for anything,” Hyslop said. 

Commission member Mary Horant made a motion to recommend the parcel’s sale, with a stipulation added that would stress a new owner is to develop the property within 12 months of purchase.

Grassl asked how such a deed restriction might be worded.

“The city council could end up rejecting this recommendation,” Hyslop cautioned. “So if and when we get to that point, let’s let the city attorney figure out the language so we know we’re getting it right.”

The motion passed unanimously.

The Eagle River common council will discuss and/or take action on both matters during its meeting tonight.