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7.5. SR 11-20-1995ity of � le RiverTO: • FROM: DATE: MEMORANDUM Mayor & City Council Steven B. Achy City Planner November 20, 1995 ITEM 7.5_ SUBJECT: Conditional Use Permit Request by Richard Books Public Hearing Case No. CU 95 -20 Issue Mr. Books is requesting a conditional use permit to operate a printing business out of his home. Location • 20622 Elk Lake Road, Elk River, Minnesota • Zoning/Land Use Rla (Single Family Residential / LR (Low Density Residential) Attachments • Report to the Planning Commission dated October 24, 1995 • Letters dated October 16 and October 23, 1995 from John Lichter, City Environmental Consultant Overview Mr. Books is requesting a conditional use permit to operate home occupation. Mr. Books business consists of a printing business operated from the lower level of his existing home. The business involves taking of orders from customers, printing on site and delivering the printed material directly to the customers. Mr. Books has indicated that he and his wife will be the only employees operating the business from his home. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441 -7420 • Fax: (612) 441 -7425 Page 2 • The reason this request involves a conditional use permit is due to the fact that the equipment (i.e. printing press) used in the business is not a typical piece of equipment which is normally found in a home or office setting. The applicant is also requesting a 4 foot by 4 foot free - standing sign near Elk Lake Road in order to notify delivery vehicles and venders of the business location. The free - standing sign would also trigger a conditional use permit for home occupation, since typical home occupation signage requires that it be attached to the principal building. Printing Solutions One of the primary concerns that was discussed by the Planning Commission is the type of material or solutions that Mr. Books uses as part of his business. Specifically the developer and fixer solutions were the greatest concerns. To further examine the use of these materials and solutions the city has contacted John Lichter of B.A. Liesch & Associates to assist in reviewing the material safety data sheets that have been provided for each of the solutions used in Mr. Book's business. The material safety data sheets have indicated that the materials used in Mr. Books business can safely be sewered into the city's wastewater treatment plant. However, these solutions should not be disposed of in a • private septic system. Mr. Books currently resides in a rural area and utilizes a septic system for his wastewater needs. Therefore, disposing of this solution would need to occur off site at an approved location. The attached letters from John Lichter further explain his review regarding the material safety data sheets. The most important point in John Lichter's review relates to the press wash used within Mr. Book's business. This press wash has a flash point of 105° F which maybe considered a hazardous waste due to the flash point level being less than 140 °F. In addition, Mr. Lichter points out that given the solutions used a hazardous waste generators license would be required. The mention of hazardous waste raises concerns by staff. It is very clear in the city's home occupation ordinance that home occupations which involve the use of hazardous materials or activities are clearly prohibited. In addition, mention is also made in that section of the ordinance regarding fire hazard or safety hazards to surrounding residents. There is also reference made to the sensitivity to environmental features including lakes, surface and underground water supply which could be affected if the solutions are disposed of improperly. s /planning /pc /cu95 -20 Page 3 Planning Commission Recommendation The Planning Commission reviewed Mr. Book's request for a conditional use permit at two separate public hearing meetings. Based on the prohibited activities listed in the city's home occupation ordinance the Planning Commission found it difficult to approve Mr. Book's request and therefore denied his conditional use permit request based on the following: 1. The information set forth in the material safety data sheets and letters from John Lichter of B.A. Liesch & Associates, Inc. 2. The business involves the use of a hazardous material which is clearly prohibited as part of a home occupation. 3. The solutions used for the printing business are highly flammable and may cause a safety hazard to surrounding property owners. 4. Improper disposal of the solutions would have an environmental effect on the underground water supply and soils in the surrounding area. Recommendation • Staff concurs with the Planning Commission's finding to support a denial of Mr. Book's request for a conditional use permit to operate a home occupation involving a printing business. If Mr. Books were to locate his business in a commercial area with city water and sewer, the concerns mentioned above could be overcome through routine fire inspections. • s /planning /pc/cu95 -20 ity of� ilk Ri • Request ITEM 5.4. MEMORANDUM VerTO: Planning Commission FROM: Gary Schmitz, Planning Assistant (O&OWA DATE: October 24, 1995 SUBJECT: Conditional Use Permit Request by Richard Books, Public Hearing Case No. CU 95 -20 Mr. Books is requesting a conditional use permit to operate a printing business out of his home. Location 20622 Elk Lake Road, Elk River, Minnesota Zoning/Land Use Rla - Single Family Residential LR - Low Density Residential Attachments • Material safety data sheet - developer • Material safety data sheet - fixer • October 16, 1995, memo from John Lichter, city environmental consultant • September 26, 1995, memo to the Planning Commission Background At the September 26, 1995, Planning Commission meeting, the Commission had several questions concerning the solutions used in Mr. Books' proposed printing business in the lower level of his existing home located at 20622 Elk Lake Road. The Commission was concerned with Mr. Books' disposal methods and wanted to find out if the solutions used in the printing operations were considered hazardous. The attached September 26 memo to the Planning Commission explains the entire request in detail. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441 -7420 • Fax: (612) 441 -7425 • Solutions Mr. Books has provided the city with material safety data sheets for both the developer and fixer. Both of the materials can be safely sewered into the city's Wastewater Treatment Plant, however, should not be disposed of in the private septic system on site. Attached is a letter from the City Environmental Consultant John Lichter addressing the issue. If this CUP is approved, a disposal plan should be completed by the applicant to ensure property disposal of material into the sanitary sewer system off -site. One issue that has not been resolved is the disposal of the press wash and spent rags. The city did not receive any information on this material. More information has been requested from Mr. Books concerning the press wash. Staff will update the Planning Commission on the press wash at the October 24, 1995, Planning Commission meeting. John Lichter, environmental consultant, feels the business may require licensing as a hazardous waste generator depending on the solvents used for the press wash and cleaning. Recommendation If the press wash is considered a hazardous material requiring the business to be licensed as a hazardous waste generator, staff would recommend denial of this conditional use permit. Section 900.25 "Home Occupations" of the Elk River City Code, prohibits home occupations which involve the use of hazardous materials or activities. If the business needs to be licensed as a hazardous waste generator, staff is of the opinion that this type of use should take place in an industrial or commercial area rather than a residential zoned parcel. If the press wash is not considered hazardous and proper disposal methods are available, staff would recommend approval of the CUP with the conditions listed in the September 26 memo to the Planning Commission. Staff would also recommend an additional condition requiring the applicant to design a waste disposal plan to ensure proper disposal of the solutions. The disposal plan should be provided to staff prior to the City Council meeting. It should be made clear that eventhough the applicant may provide a waste disposal plan enforcement of this condition will be difficult at best. Given the environmental concerns with this condition the applicants compliance with this condition cannot be overemphasized. 0 pc:cu95 -20x 0 • • 55411001 FUJI SGX -D 1 DEVELOPER (0 MATERIAL SAFETY DATA SHEET SGX -D1 Super Grandex Developer IN CASE OF EMERGENCY, CALL CHEMTREC (800)424 -9300 SECTION 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Product Name SGX -D1 Super Grandex Developer Product Code 55411001 MSDS Code 55411001 Product Size 10 liters Distributor Fuji Photo Film, U.S.A., Inc. 1285 Hamilton Parkway Itasca, IL 60143 USA (708)773 -7200 Prepared by Fuji Photo Film U.S.A., Inc. Manufacturer Fuji Hunt Photographic Chemicals, Inc. West 115 Century Road P.O. Box 988 Paramus, N.J. 07653 USA Revision Date 1/12/95 Issue date 3120/95 SECTION 2. COMPOSITION AND INFORMATION ON INGREDIENTS Ingredient CAS Number Weight % Water 7732 -18 -5 60 -76 Potassium Tetraborate 20786 -60 -1 5-7 Sodium Sulfite 7757 -83 -7 5 -7 Hydroquinone 123 -31 -9 5-7 Potassium Sulfite 10117 -38 -1 3 -5 Potassium Hydroxide = — - 1310 -58-3 _-. 3 -5 5- Sulfosalicylic Acid 97 -05 -2 1 -3 N- Butyldiethanolamine 102 -79 -4 1 -3 Potassium Bromide 7758 -02 -3 1 -3 SECTION 3. HAZARDS IDENTIFICATION IN CASE OF EMERGENCY, CALL CHEMTREC (800)424 -9300 Material is a yellowish liquid. May produce toxic gases in fire conditions or if mixed with acids. Wear equipment to protect eyes, skin and respiratory tract. Dike or absorb spills to keep material and run -off from entering sewer or waterways. Use water spray to cool containers and disperse vapors. Asthmatics are said to be dangerously sensitive to even minute amounts of sulfites. HMIS Rating Health 2 Fire 0 Reactivity 0 Protection C NFPA Rating Health 2 Fire 0 Reactivity 0 Specific Hazards None Hazard rating 0 = minimal 1= slight 2 = moderate 3 = serious 4 = severe C = gloves, goggles and apron UN None ERG Guide 60 rvienuai r1eann tTrects Skin: Contact causes irritation. May cause allergic skin reactions. Eves: Contact causes intiation. May cause permanent damage to the comea. Inhalation: Irritating to respiratory tract. May cause dizziness, headache and nausea. Asthmatics are said to be dangerously sensitive to even minute amounts of sulfites. Ingestion: Irritating to stomach. May cause vomiting and diarrhea. May have effects on the heart and the lungs. Hydroquinone may have effects on reproduction. Conditions aggravated by exposure Asthma. Skin sensitivity. Carcinogenicity Are any ingredients listed as carcinogens? IARC? N NTP? N OSHA? N K Page 1 of 4 55411001 SECTION 4. FIRST AID MEASURES • Eves: Flush eyes with large amounts of water for at least 15 minutes. See a medical doctor immediately. Skin: Flush skin with large amounts of water. Remove contaminated clothing. See a doctor if rash, redness or irritation develops. Inhalation: Move to fresh air. If victim is having difficulty breathing, give oxygen if available. If victim is not breathing, start CPR. Get immediate medical attention. Ingestion: Do not induce vomiting or give anything by mouth without emergency medical instructions. Immediately seek medical attention. Call poison control center at (202)625 -3333. If victim is unconscious, trained personnel should start CPR. Never give an unconscious person anything by mouth. SECTION 5. FIREFIGHTING MEASURES Flash Point None Upper Flammable Limit Not applicable Lower Flammable Limit Not applicable Autoignition Temperature None Extinguishing media Choose media suitable for surrounding matedals.:-No media restrictions based on.knewledge_of material. Firefighting instructions Evacuate area and fight fire from a safe distance. Wear positive pressure demand breathing apparatus and protect eyes and skin. Use water to cool fire - exposed containers, to protect personnel and to disperse vapors and spills. Water runoff can damage the environment. Dike and collect water used to fight fire. • May produce toxic gases in fire conditions or if mixed with acids (SECTION 6. ACCIDENTAL RELEASE Keep unnecessary and unprotected personnel from entering the spill area. Wear appropriate protective clothing. See Exposure Controls section. Absorb spill with inert material, sweep up and hold in properly labelled DOT container for disposal. Dike large spills to minimize the spill area. Material can cause environmental damage. Prevent material from contaminating soil or entering sewer or bodies of water. ECTION 7. HANDLING AND STORAGE Handling Wash thoroughly after handling. Avoid contact with skin. Avoid contact with eyes. Avoid breathing mist, dust, vapors or fumes. Harmful if swallowed. Storage Store in cool, dry, well - ventilated area away from incompatible materials listed in Section 10 SECTION 8. EXPOSURE CONTROLS AND PERSONAL PROTECTION V_ entilation Requirements: Exhaust to satisfy the requirements of ASHRAE 62 -1989. Ensure good mixing with fresh air supplied at a minimum of 0.5 cfm /ft2- Personal Protective Equipment: Use chemical splash goggles. Be certain eyewash is in the work area. • Wear neoprene, nitrile rubber or other chemical resistant gloves and apron or lab coat. Respiratory protection is generally not required. Refer to 29CFR 1910.134 for OSHA requirements. Paget of 4 66411001 i�i Exposure Guidelines: Ingredient OSHA PEL ACGIH TLV • Water Not established Not established Potassium Tetraborate Not established Not established Sodium Sulfite Not established Not established Hydroquinone 2 mg /m3 2 mglml Potassium Sulfite Not established Not established Potassium Hydroxide 2 mg /m3 (c) 2 mg /m3 (c) 5- Sulfosalicylic Acid Not established Not established N- Butyldiethanolamine Not established Not established Potassium Bromide Not established Not established TWA = time weighted average STEL = short term limit (c) = ceiling SECTION 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance: Yellowish liquid Odor: None Boiling Point: approx. 100°C- Odor Threshold: No-data--- Specific Gravity: 1.25 Reactivity with Water: None Vapor Pressure: approx. 15 mm Hg Melting Point: No data Evaporation Rate: 1 (water -1) Freezing Point: No data Percent Volatile: approx. 65 Percent VOC: approx. 11 • Solubility in Water: Completely Vapor Density: No data pH.. 12.0 Water -Oil Partition Coefficient: No data L� SECTION 10. STABILITY AND REACTIVITY Hazardous polymerization will not occur if product is used and stored as directed. Product is stable if used and stored as directed. Hazardous Decomposition Products: Sulfur dioxide. Materials to avoid: Strong acids. Chlorine compounds. Oxidizers. Conditions to avoid: Excessive heat. SECTION 11. TOXICOLOGICAL INFORMATION L ZO: > 5000 mg/kg oral, rat A_ cute Overexposure: Irritating by contact with skin and eyes. May cause comeal opacification. Irritating to gastrointestinal tract by ingestion. May cause headache, nausea, vomiting and diarrhea. Irritating to respiratory tract if inhaled. May cause respiratory and pulmonary stimulation. Chronic Overexposure: Chronic dermatitis. May have effects on the kidneys and liver causing discolored urine. May cause muscle tremors, convulsions and delirium. Hydroquinone shows limited evidence of carcinogenic activity in rats and mice. Hydroquinone is a reproductive toxin. cD Page3 or 4 56411001 SECTION 12. ECOLOGICAL INFORMATION • Ecotoxicity Data None available. Chemical Fate Data None available. (SECTION 13. DISPOSAL CONSIDERATIONS Discharging this material to the sewer may require a permit. Do not discharge to septic systems. Observe all local, state and federal regulations when disposing of this material. Material does not exhibit hazardous waste characteristics. SECTION 14. TRANSPORTATION INFORMATION Component DOT Shipping Name: Not DOT regulated. Hazard Class: None UN Number: None Packing Group: None Kit DOT Shipping Name This is a single component product. Hazard Class: None.. UN Number: None ._. Packing Group: None Other Instructions: Product is labelled in accordance with U.S. 49CFR. SECTION 15. REGULATORY INFORMATION Canadian SARA Clean Clean CAL Ingredient TSCA List 3111312 Air Water Prop 65 Water Y N N N N N Potassium Tetraborate Y N Y N N N Sodium Sulfite Y N Y N N N Hydroquinone Y Y Y Y Y N Potassium Sulfite Y N Y N N N Potassium Hydroxide Y Y Y N N N 5- Sulfosalicylic Acid Y N Y N N N N- Butyldiethanolamine Y N Y N N N Potassium Bromide Y N Y N N N C, All ingredients comply with EPA TSCA requirements. SECTION 16. OTHER INFORMATION This information is provided without warranty. The information is believed to be correct. This information should be used to make an independent determination of the methods to safeguard workers and the environment. Page4 of 4 -� 56411001 • • 55411002 FUJI SGX -F 1 FIXER ( 0 ) MATERIAL SAFETY DATA SHEET SGX -F1 Super Grandex Fixer IN CASE OF EMERGENCY, CALL CHEMTREC (800)424 -9300 SECTION 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Product Name SGX -F1 Super Grandex Fixer Product Code 55411002 MSDS Code 55411002 Product Size 10 liters Distributor Manufacturer Fuji Photo -Film, U.S.A., Inc. Fuji Hunt Photographic Chemicals, Inc. 1285 Hamilton Parkway West 115 Century Road P.O. Box 988 Itasca, IL 60143 USA Paramus, N.J. 07653 USA (708)773 -7200 Prepared by Fuji Photo Film U.S.A., Inc. Revision Date 1/12/95 Issue date 3/20/95 SECTION 2. COMPOSITION AND INFORMATION ON INGREDIENTS Ingredient CAS Number Weight % Water 7732 -18 -5 39 -61 Ammonium Thiosulfate 7783 -18 -8 23-33 Sodium Sulfite 7757 -83 -7 5 -7 Sodium Acetate 127 -09 -3 5 -7 Acetic Acid 64 -19 -7 3 -5 Sodium Thiosulfate 7772 -98-7- —1-3 Aluminum Sulfate 10043 -01 -3 1 -3 Sodium Borate 1303 -96 -4 1 -3 SECTION 3. HAZARDS IDENTIFICATION IN CASE OF EMERGENCY, CALL CHEMTREC (800)424 -9300 Material is a slightly yellow liquid. May produce toxic gases in fire conditions or if mixed with household bleach. Wear equipment to protect eyes, skin and respiratory tract. Dike or absorb spills to keep material and run -off from entering sewer or waterways. Use water spray to cool containers and disperse vapors. Asthmatics are said to be dangerously sensitive to even minute amounts of sulfites. HMIS Rating Health 1 Fire 0 Reactivity 0 Protection C NFPA Rating Health 1 Fire 0 Reactivity 0 Specific Hazards None Hazard rating 0 = minimal 1= slight 2 = moderate 3 = serious 4 = severe C = gloves, goggles and apron UN None ERG Guide 60 v ac.. afa. nca l ill CIICGIJ Skin: Contact causes irritation. May cause darkening of the skin. Eves: Contact causes irritation. Inhalation: Irritating to respiratory trac.. Asthmatics are said to be dangerously sensitive to even minute amounts of sulfites. Ingestion: Irritating to stomach. May cause vomiting and diarrhea. May have effects on the liver and heart. May have effects on the blood and circulatory system. Conditions aggravated by exposure Skin sensitivity. Asthma. Carcinogenicity Are any ingredients listed as carcinogens? IARC? N NTP? N OSHA? N Page 1 of 4 56411002 SECTION 4. FIRST AID MEASURES Eves • Flush eyes with large amounts of water for at least 15 minutes. See a medical doctor immediately. Skin: Flush skin with large amounts of water. Remove contaminated clothing. See a doctor if rash, redness or imtation develops. Inhalation: Move to fresh air. If victim is having difficulty breathing, give oxygen if available. If victim is not breathing, start CPR. Get immediate medical attention. _Ingestion: Do not induce vomiting or give anything by mouth without emergency medical instructions. Immediately seek medical attention. Call poison control center at (202)625 -3333. If victim is unconscious, trained personnel should start CPR. Never give an unconscious person anything by mouth. SECTION 5. FIREFIGHTING MEASURES Flash Point None Upper Flammable Limit Not applicable Lower Flammable Limit Not applicable Autoiqnition Temperature None Extinguishing media Choose media suitable for surrounding .materials.. -No media _restrictions-based on knowledge of material. Firefighting instructions Evacuate area and fight fire from a safe distance. Wear positive pressure demand breathing apparatus and protect eyes and skin. Use water to cool fire - exposed containers, to protect personnel and to disperse vapors and spills. Water runoff can damage the environment. Dike and collect water used to fight fire. May produce toxic gases in fire conditions or if mixed with household bleach. SECTION 6. ACCIDENTAL RELEASE Keep unnecessary and unprotected personnel from entering the spill area. Wear appropriate protective clothing. See Exposure Controls section. Absorb spill with inert material, sweep up and hold in properly labelled DOT container for disposal. Dike large spills to minimize the spill area. Material can cause environmental damage. Prevent material from contaminating soil or entering sewer or bodies of water. SECTION 7. HANDLING AND STORAGE Handling Wash thoroughly after handling. Avoid contact with skin. Avoid contact with eyes. Avoid breathing mist, dust, vapors or fumes. Harmful if swallowed. Storage rage Store in cool, dry, well - ventilated area away from incompatible materials listed in Section 10. SECTION 8. EXPOSURE CONTROLS AND PERSONAL PROTECTION Ventilation Requirements: Exhaust to satisfy the requirements of ASHRAE 62 -1989. Ensure good mixing with fresh air supplied at a minimum of 0.5 cfm /ft2 Personal Protective Equipment: Use chemical splash goggles. Be certain eyewash is in the work area. Wear neoprene, nitrile or other chemical resistant gloves and apron or lab coat. A respirator is not generally required. Refer to 29CFR 1910.134. Paget of 4 -i 66411002 Exposure Guidelines: Appearance: Ingredient OSHA PEL ACGIH TLV Water Not established Not established Ammonium Thiosulfate Not established Not established Sodium Sulfite Not established Not established Sodium Acetate Not established Not established Acetic Acid 10 ppm 10 ppm Sodium Thiosulfate Not established Not established Aluminum Sulfate Not established Not established Sodium Borate 10 mg /m3 5 mg /m3 • TWA = time weighted average STEL = short term limit (c) = ceiling SECTION 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance: Slightly yellow liquid Odor: Vinegar Boiling Point: approx. 100 °C - -Odor Threshold: No data- ' r Specific Gravity: 1.28 Reactivity with Water: None Vapor Pressure: approx. 15 mm Hg Melting Point: No data Evaporation Rate: 1 (water -1) Freezing Point: No data Percent Volatile. approx. 45 Percent VOC: approx. 11 Solubility in Water: Completely Vapor Density: No data pH., 4.9 Water -Oil Partition Coefficient: No data (SECTION 10. STABILITY AND REACTIVITY Hazardous polymerization will not occur if product is used and stored as directed. Product is stable if used and stored as directed. Hazardous Decomposition Products: Ammonia. Sulfur dioxide. Materials to avoid: Strong bases. Hypohalites. Bleach. Oxidizers. Conditions to avoid: Excessive heat. [SECTION 11. TOXICOLOGICAL INFORMATION moo: > 5000 mg /kg oral, rat Acute Overexposure: Irritating by contact with skin and eyes. May cause blackening of the skin and hyperkeratosis. Irritating to gastrointestinal tract. May cause vomiting and diarrhea. Irritating to respiratory tract. May cause allergic type respiratory reactions. Chronic Overexposure: Chronic dermatitis. May cause central nervous system depression. May cause bypertrophy of lymph nodes. May cause circulatory disturbances that can lead to ischemic lesions on the heart and liver. Page3 of 4 56411002 • 0 etc; I IUN 1 Z. ECC Ecotoxicity Data ICAL INFORMATION None available. Chemical Fate Data None available. SECTION 13. DISPOSAL CONSIDERATIONS Discharging this material to the sewer may require a permit. Do not discharge to septic systems. Observe all local, state and federal regulations when disposing of this material. Material does not exhibit hazardous waste characteristics. SECTION 14. TRANSPORTATION INFORMATION Component DOT Shipping Name: Not DOT regulated. Hazard Class: None UN Number: None Kit DOT Shipping Name This is a single component product. Packing Group: None Hazard Class: None _ _ UN Number: None „ . Packing Group: None Other Instructions: Product is labelled in accordance with U.S. 49CFR. SECTION 15. REGULATORY INFORMATION Ingredient Water Ammonium Thiosulfate Sodium Sulfite Sodium Acetate Acetic Acid Sodium Thiosulfate Aluminum Sulfate Sodium Borate All ingredients comply with EPA TSCA requirements. Clean Canadian SARA TSCA List 3111312 Y N N Y N Y Y N Y Y N Y Y Y Y Y N Y Y N Y Y Y Y Clean Clean CAL Air Water Prop 65 N N N Y Y Y N N N Y N N Y N N N N N N Y N N N N SECTION 16. OTHER INFORMATION This information is provided without warranty. The information is believed to be correct. This information should be used to make an independent determination of the methods to safeguard workers and the environment. Paget of 4 �) 56411002 10/16/95 14:03 $612 559 2202 BA LIESCH Z002/002 • IM B.A. LIESCH ASSOCIATES, INC. 1340015TH AVE. N. MINNEAPOLIS, MN 55441 612/559 -1423 FAX: 612/559 -2202 MEMORANDUM TO: GARY SCMHTZ, CITY OF ELK RIVER FROM: JOHN LICHTER, B.A. LIESCH ASSOCIATES, INC. DATE: OCTOBER 169 1995 RE: REVIEW OF MSDS SHEETS FROM PROPOSED BOOKS PRINTING OPERATION Gary, I reviewed the MSDS sheets you forwarded for this proposed business. The developer and fixer should not be discharged to septic systems but can be sewered. Both materials may require SARA Tier Two notifications if used in large quantities. No information was included about press wash chemicals or spent rags. I believe the business may require licensing as a hazardous waste generator depending on the solvents used for press wash and cleaning. maw:memo 101695 . wp /GO • ITEM 5.5. ty of MEMORANDUM U TO: Planning Commission River FROM: Gary Schmitz, Planning Assistant �. DATE: September 26, 1995 SUBJECT: Conditional Use Permit Request by Richard Books, Public Hearing Case No. CU 95 -20 Request Mr. Books is requesting a conditional use permit to operate a printing business out of his home. Location 20622 Elk Lake Road, Elk River, Minnesota Zoni.na'/Land Use 0 Rla - Single Family esidential Y ,. LR - Low Density Residential Attachments Location Map Zoning Map Site Plan Analysis Mr. Books is applying for a conditional use permit to operate a printing business from the lower level of his existing home located at 20622 Elk Lake Road. The business will involve taking orders from customers, printing on site, and delivering the printed materials directly to the customers. Therefore, there will be very little walk in traffic associated with the business. Mr. Books has indicated that he and his wife will be the only employees of the business. This request involves a conditional use permit due to the fact that the equipment (i.e., printing press) used in the business is not typical of equipment which is normally found in a home or office setting. The applicant is also requesting a four foot by four foot freestanding 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441 -7420 • Fax: (612) 441 -7425 sign near Elk Lake Road in order to notify delivery vehicles and vendors of their location. The freestanding sign would also trigger a conditional use permit for a home occupation. Business Mr. Books has informed the city that his proposed business is in the very early stages and is too small to afford a commercial building. Mr. Books plans are that if the business grows and more space is required, he will move to a commercial zoning designation at that time. Mr. Books has indicated that this may happen within a year if everything goes as planned. Mr. Books currently owns 2.5 acres of property which slopes away from Elk Lake Road. The site is heavily wooded and the house is not visible from the road. The applicant has a U- shaped drive which is of sufficient size to handle any traffic associated with the business. Mr. Books has indicated that there is no outside storage related with the business and that the entire business will be conducted in the lower level of the existing home. Hours of Operation/Equipment The hours of operation will be 8 a.m. to 6 p.m., Monday through Saturday, which meets the city's requirements for the home occupation ordinance. The equipment used by the applicant will consist of a small printing press, copy machine, folding machines, and other miscellaneous office equipment. Mr. Books has indicated that all solutions used in the printing process are water based which are, according to the applicant, not a problem for disposal. Staff has requested more information regarding the solutions used in the printing operation in an effort to determine if any environmental hazard may exist in starting the business. I will update the Commission concerning those solutions at the Planning Commission meeting. Signaae Due to the fact that the house is not visible from Elk Lake Road, the applicant has requested that a four foot by four foot sign be allowed at the end of the driveway near Elk Lake Road. Staff would not have a problem with a sign this size in the area as long as it is located outside of the road right -of -way and is under five feet in height. If this proposal is approved a sign permit must be obtained before the sign is erected. Recommendation Staff is recommending approval of the conditional use permit request to operate a printing business out of Mr. Books existing home with the following conditions: 1. Hours of operation be as per city code. 2. The applicant maintain enough room in the driveway for two customer vehicles at all times during operating hours. 3. That a four foot by four foot freestanding sign be allowed at the end of the driveway near Elk Lake Road. The sign must be located outside of the road right -of -way and be under five feet in height. A sign permit must be obtained before the sign is erected. 4. More information be provided concerning the printing solutions used in the printing process of the business to determine that an environmental hazard does not exist with the operation of this business. This information must be obtained prior to the meeting with the City Council. 5. A maximum of one full time employee or equivalent other than those persons who customarily reside on the premise shall be employed. 6. No exterior storage related to this business shall be allowed. 7. If valid complaints are received, this item will be brought back before the Planning Commission and City Council for review. pc:cup95 -20 218TH 217TH 218M 215TH :12TH 212TH 21,M 210TH 209 TH 208TH 207TH 206 TM 205TH :05TH �_ 203Rp 202,0 201sT 200TH •99TH 198TH 197M LOCATION MAP of CASE CU 95 -20 ' River P.O. Box 490 • 13065 Orono Parkway 55330 _ kw y Elk River, MN 53,0 (6I_) �4I 74_0 • SYgI. F--*, RapdaNlN ® ftWe Fmft R..W.ntW ® U10. Frdy RaYda�W �,. ( ®SYgM Fatly R..idrMW Ciry of River ZONING MAP ® -w. Emir Raldw�fi.l - T" Fan* RmWd..tW ® T— ft — /MW" Fanir R..w.nUw El WftW F-* Raid. w ® Raw" wa D""Vm"t © ftt. r cam IM u0d WWWW 12 m.M. kw.WW ® S.W Wad. Fart ® Mw. T. HE Mkwml Fm.-ewn CASE cu 95 -20 P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441 -7420 • • Gq-ll 5:. BPG BUSINESS PRINTING & GRAPHICS INC. . PO BOX 98 ELK RIVER, MN 55330 441 -8008 ELK RIVER PLANNING COMMISSION AUGUST 28,1995 ELK RIVER, MN 55330 BPG IS A SMALL PRINTING BUSINESS LOCATED IN MY HOME. AT THIS TIME THE- BUSINESS IS TOO SMALL TO AFFORD A COMMERCIAL BUILDING OR SPACE. AS THE BUSINESS GROWS AND MORE SPACE IS NEEDED MY ULTIMATE PLAN IS TO MOVE INTO A COMMERCIAL BUILDING OR SPACE. HOPEFULLY THIS CAN BE ACCOMPLISHED -IN APPROXMATLY ONE YEAR. ALL SOLUTIONS USED IN MY BUSINESS ARE WATER BASED SOLUTIONS, THEREFORE DISPOSAL IS NOT A PROBLEM. THE ONLY SOLVENT USED IS PRESS WASH WHICH IS USED WITH DISPOSABLE RAGS. THE RAGS ARE KEPT IN A METAL CAN WITH A LID UNTIL I DISPOSE OF THEM BY BURNING THEM ALONG SCRAP PAPER IN A BURNING BARREL. IN ADDITION TO APPLYING FOR A CONDITIONAL USE PERMIT TB KEEP THE BUSINESS IN MY HOME, I AM ALSO ASKING PERMISSION TO PUT A SIGN BY THE ROAD NOT EXCEED 4FTX4FT. AS EXPLAINED BEFORE, THE HOUSE CANNOT BE SEEN FROM THE- ROAD,THEREFORE A SIGN ON THE HOUSE WOULD.BE USELESS. DICK BOOKS BPG-BUSINESS PRINTING & GRAPHICS, INC. • POST OFFICE BOX 98 ELK RIVER, MN. 55330 PERMITTED HOME OCCUPATION COMPLIANCES A: PRINTING BUSINESS IS CARRIED OUT ENTIRELY IN THE LOWER LEVEL OF THE HOME. NO SEPERATE STRUCTURES EXIST. B: THERE ARE NO DISPLAYS OR STORAGE OUTSIDE OF THE HOME. ALL INVENTORY IS WITHIN. C: THERE IS NO INTERNAL OR EXTERNAL CONSTRUCTION DONE TO THE HOME FOR BUSINESS PURPOSES. D: THERE ARE NO EMPLOYEES THAT RESIDE OUTSIDE OF THE RE- SIDENCE. THE BUSINESS IS OPERATED SOLELY BY MY WIFE AND MYSELF. E: NSA F: THE SIGN BEING USED AT BPG DOES NOT EXCEED THE 2 SQUARE FEET LIMITATIONS. HOWEVER, A SIGN ON THE RESIDENCE WOULD NOT BE VISIBLE FROM THE ROAD. THE HOME ITSELF IS NOT VISIBLE FROM THE ROAD. THEREFORE, THE SMALL SIGN BY THE ROAD IS FOR IDENTIFICATION PURPOSES FOR DELIVERY PERSONNELL.. G: NO DELIVERIES ARE MADE BY LARGE VEHICLES OTHER THAN UPS AND COURIER VANS WHICH DO NOT EXCEED THE 26,000 POUND LIMITATIONS. H: BUSINESS HOURS FOR BPG ARE FROM 8:00 AM TO 6:00 PM. NO EMPLOYEES OR CUSTOMERS ARE AT THE RESIDENCE DURING THE PROHIBITED TIMES SET FORTH IN THE COMPLIANCES. I: BPG IS NOT A WALK-IN BUSINESS. THEREFORE, PARKING IS NOT A PROBLEM. ALL PARKING IS FAR FROM AND NOT VISIBLE FROM THE ROAD. J: BPG IS NOT A WHOLESALE OR RETAIL BUSINESS THAT RE- QUIRES LARGE SHIPMENTS TO OR FROM THE RESIDENCE. PRINTING IS A SERVICE BUSINESS AND ALL DELIVERIES ARE MADE BY MAIL OR MYSELF. K: THE EQUIPMENT USED FOR PRINTING IN THE HOME DOES NOT INTERFERE WITH NORMAL LIVING CONDITIONS. THERE ARE NO COMBUSTIBLE REPAIRS BEING MADE OR REQUIRED. • 10'16/95 14:03 $612 559 2202 BA LIESCH X 002 -'002 • B.A. LIESCH ASSOCIATES, INC. 1340015TH AVE. N. MINNEAPOLIS, MN 55441 612/559 -1423 FAX: 612/559 -2202 MEMORANDUM TO: GARY SCHMITZ, CITY OF ELK RIVER FROM: JOHN LICHTER, B.A. LIESCH ASSOCIATES, INC. �/', DATE: OCTOBER 16, 1995 RE: REVIEW OF MSDS SHEETS FROM PROPOSED BOOKS PRINTING OPERATION Gary, I reviewed the MSDS sheets you forwarded for this proposed business. The developer and fixer should not be discharged to septic systems but can be sewered. Both materials may require SARA Tier Two notifications if used in large quantities. No information was included about press wash chemicals or spent rags. I believe the business may require licensing as a hazardous waste generator depending on the solvents used for press wash and cleaning. maw:memo 1 O 1695 . wp /GO • 11/02/95 14:53 $612 559 2202 BA LIESCH 1002 /002 B.A. LIESCH ASSOCIATES, INC. 1340015TH AVE. N, MINNEAPOLIS, MN 55441 612/559 -1423 FAX: 612/559 -2M MEMORANDUM TO: GARY SCBMITZ, CITY OF ELK RIVER FROM: JOHN LICHTER, B.A. LIESCH ASSOCIATES, INC. DATE: OCTOBER 232 1995 RE: FURTHER REVIEW OF MSDS SHEETS FROM PROPOSED BOOKS PRINTING OPERATION Gary, I reviewed the press wash MSDS sheet you forwarded regarding this proposed business. The flashpoint of the press wash is listed as 105 °F, spent press wash or rags • may be considered as hazardous waste due to the flashpoint being less than 140 °F. Storage of this material is further regulated due to its low flashpoint point. You should check with your Fire Chief for storage requirements. The contents of the press wash chemical are also regulated under SARA. Spent press wash should not be placed in a septic system or sewered, it should be containerized and shipped off -site for recycling or disposal. I believe the business would require licensing as a hazardous waste generator based the flashpoint and the solvents listed on the press wash MSDS. maw : memo 1023 95 . wp / GO • f h 20297/20299 VARN ECOLO -CLEAN 35 (0) 107 51801400/1401 MATERIAL SAFETY DATA SHEET PRODUCT NAME: ECOLO -CLEAN 35 PRODUCT CODE: 02029 HMIS CODES: H F R P 1 1 0 B SECTION I - MANUFACTURER IDENTIFICATION -- MANUFACTURER'S NAME: VARN PRODUCTS ADDRESS: 905 SOUTH WESTWOOD, ADDISON, ILLINOIS 60101 EMERGENCY PHONE: (800) 424 -9300 INFORMATION PHONE : -(800) 336 -8276 DATE REVISED : 10 -16 -92 NAME OF PREPARER : VARN PRODUCTS CO. REASON REVISED : UPDATE; SUPERSEDES ALL PREVIOUS REVISONS. SECTION II - HAZARDOUS INGREDIENTS /SARA III INFORMATION ========= / OCCUPATIONAL EXPOSURE LIMITS VAPOR PRESSURE WEIGHT HAZARDOUS COMPONENTS CAS NUMBER OSHA PEL ACGZBTLV OTHER mm Hq 4 :2" PERCENT _., PETROLEUM NAPHTHA ----------- »------- - - -- -- ---------_-------------------- 64742 -47 -8 100 ppm 100 ppm 100 ppm 4.0 100? 40 t PETROLEUM NAPHTHA 64742 -94 -5 N/E WE 100 ppm 0.9 68F S • . No toxic chem-ical(s) subject to the reporting requirements of section 313 of Title III and of 40 CPR 372 are A" INGREDIENTS LISTED IN THE EPA TSCA INVENTORY. present. •_• • SECTION III - PHYSICAL /CHEMICAL CHARACTERISTICS BOILING POINT: >212 beg F SPECIFIC GRAVITY (A2O =1): 0.9 VAPOR DENSITY: HEAVIER THAN AIR EVAPORATION RATE: SLOWER THAN ETHER MATERIAL V.O.C.: 3.50 LB /GL ( 420 G /L) SOLUBILITY IN WATER: EMULSIBLE APPEARANCE AND ODOR: WHITE EMULSION - MILD PETROLEUM ODOR SECTION IV - FIRE AND EXPLOSION HAZARD DATA ---- -- FLASH POINT: >200 DegF METHOD USED: TAG CC FLAMMABLE LIMITS IN AIR BY VOLUME- LOWER: 0.9% UPPER: 7.0% EXTINGUISHING MEDIA: FOAM, ALCOHOL FOAM, CO2, DRY CHEMICAL SPECIAL FIREFIGHTING PROCEDURES AS IN ANY FIRE, WEAR SELF- CONTAINED BREATHING APPARATUS (MSEAINIOSH APPROVED) AND FULL PROTECTIVE GEAR. WATER MAY NOT • EFFECTIVE To EXTINGUISH FIRE. USE STATER SPRAY TO COOL FIRE EXPOSED CONTAINERS AND To PROTECT PERSONNEL. UNUSUAL FIRE AND EXPLOSION HAZARDS NONE KNOWN. 0029 MATERIAL SAFETY DATA SHEET PAGE 2 OF 3 SECTION V - REACTIVITY DATA -- -- - -- - -� -_ STABILITY: STABLE CONDITIONS TO AVOID AVOID EXCESS 32AT AND FREEZING TEMPERATURES. INCOMPATIBILITY (MATERIALS TO AVOID) AVOID MIXING WITH STRONG OXIDIZING MATERIALS. HAZARDOUS DECOMPOSITION OR BYPRODUCTS BL NING WILL PRODUCE OXIDES OF CARBON A" DENSE SMOKE. HAZARDOUS POLYMERIZATION: WILL NOT OCCUR _____ - - -- SECTION VI HEALTH HAZARD DATA ---------- INHALATION HEALTH RISKS AND SYMPTOMS OF EXPOSURE HIGH VAPOR CONCENTRATIONS ARE !RR:TAT -NG TO THE NOSE, THROAT, AND LUNGS. SIGNS OF NERVOUS SYSTEM DEPRESSION SUCH AS DIZZINESS, DROWSINESS, HEADACHE AND NAUSEA MAY BE EXPERIENCED WITH OVEREXPOSURE. SKIN AND EYE CONTACT HEALTH RISKS AND SYMPTOMS OF EXPOSURE SAN AND EYE CONTACT MAY PRODUCE MODERATE IRRITATION. SKIN ABSORPTION HEALTH RISKS AND SYMPTOMS OF EXPOSURE A SINGLE, PROLONGED EXPOSURE IS NOT LITLY TO RESULT IN THE MATERIAL BEING ABSORBED THROUGH Ti° SKIN IN HARMFUL AMOUNTS. INGESTION HEALTH RISKS AND SYMPTOMS OF EXPOSURE INGESTION MAY PRODUCE GASTRO— INTESTINAL IRRITATION. FOX -LOW FIRST AID PROCEDURES. HEALTH HAZARDS (ACUTE AND CHRONIC) P"TJL "_D OR ABUSIVE BREATHING OF CONCE.NTRAT..D VAPORS MAY EFFECT PULMONARY, CARDIOVASCULAR, AND CENTRAL NERVOUS SYSTEM. REPEATED SKIN CONTACT WILL DRY OUT AND CRACK SXIN. ASPIRATION HAZARD IF SWALLOWED; ASPIRATION OF MATERIAL INTO TIM LUNGS CAN CAUSE CHEMICAL PNEUMONITIS. CARCINOGENICITY: NTP? NO IARC MONOGRAPHS? NO OSHA REGULATED? NO THIS PRODUCT CONTAINS NO MOWN CARCINOGENS. MEDICAL CONDITIONS GENERALLY AGGRAVATED BY EXPOSURE SKIN CONTACT MAY AGGRAVATE PRE — EXISTING DERMATITIS. EMERGENCY AND FIRST AID PROCEDURES EYES: HOLD BY­—ID OPEN AND FLUSH WITH WATER FOR 15 MINUTES. CONTACT A pHYSICIAN Ip IRRITATION PERSISTS. SXINs WASH WITH SOAP AND WATER. INGESTION: DO NOT INDUCE VOMITING. SEEK MEDICAL ATTENTION IMMEDIATELY, INHALATIONS MOVE TO pif AIR. GIVE OXYGEN IF BREATHING IS LABORED. 1 • 02029 MATERIAL SAFETY DATA SHEET SECTION VII - PRECAUTIONS FOR SAFE HANDLING AND USE STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED CL=AN L? SMALL SPILLS WITH SOAP, WATER, AND A MOP. LARGE S?_ , SOAK C? WITH ABSORBENT OR TRANSFER LIQUID :N-O A CLOSED CONTAINER FOR LATER DISPOSAL. WASTE DISPOSAL. METHOD THIS PRODUCT, AS SUPPLIED, MAY MEET TEE SEWER DISPOSAL GU:DL:NF.S IN MANY MUN:C'PAL :TIES. CHECK WITH LOCAL SZWvR AL.HOR:T:ES BEFORE DISPOSING. PRECAUTIONS TO BE TAKEN IN HANDLING AND STORING CONTA:NERS SHOULD BE GROUNDED BEFORE TRANSFERRING THIS PRODUCT. STORE IN THE ORIG:NAL M4S= CONTAINER AWAY ?ROM SUNL:GzT, EXCESS HEAT, AND SOURCES OF IGNITION. AVOID SK:N COX--AC--. AVOID BREATHING VAPORS. OTHER PRECAUTIONS WHEN ---AANSFERR:NG OR USING TEIS PRODUCT, WEAR PROPER PERSONAL PROTECTIVE EQUIPMENT. CONTAINS NO C3=MICALS FOUND ON THE CAL :FORINA PROPOSITION 65 LIST. PROPER S3:PPING NAME: NOT REGULA."T�', HA.'.ARD CLASS: N /A, UN NUMBER: N /A, PACKING GROUP: N/A PAGE 3 OF 3 0 SECTION VIII - CONTROL MEASURES RESPIRATORY PROTECTION THE USE OF RESPIRATORY PROTECT /ON IS ADVISED WHEN CONCENTRATIONS EXCEED THE ESTABLZSEED EXPOSURE . LI.YI' -"S IN SECTION IZ. DEPENDING ON TEE AIRBORNE CONCE.YSRA -ZON, USE .A RESPIRATOR WITH APPROPRIATE ORGANIC VAPOR CAR�RZDGES (NIOSE APPROVED). VENTILATION IF C?RRBNS VENTILATION PRACTICES ARE NOT ADEQUATE TO MAINTAIN AIRBORNE CONCENTRATIONS BELOW THt ES±ABLZSHED EXPOSURE LIMITS IN SECTION Z', ADDITIONAL C NERAL VE.TT/LAT20N OR LOCAL EXHAUST SYSTEM IS REQUIRED. PROTECTIVE GLOVES USE SOLVENT- RESISTANT GLOVES SUCH AS OR.NITR:LS RUBBER. EYE PROTECTION SAFETY GLASSES WITH SIDE SHIELDS. OTHER PROTECTIVE CLOTHING OR EQUIPMENT NOT NECESSARY. WORK /HYGIENIC PRACTICES WASH WITH SOAP AND WATER AFTER PRODUCT CONTACT WITH SKIN.. SECTION I% DISCLAIMER =====- ___- ____ -__ -__ _ DISCLAIMER VIRODUCT 3E INFOR.MATION ON THIS MSDS IS BELIEVED TO BE ACCURATE AS OF THE DATE SHOWN IN SEC -ION I. SINCE THE USE OF --315 /S NOT IN THE CONTROL OF VAR. -., IT IS THE USER'S RESPONSIBILITY TO DETERMINE WHAT CONSTITUTES SAFE USAGE FOR A PARTICU:aR PRODUCT. THIS FORM MAY BE REPRODUCED IN QUANTITIES NECESSARY TO MEET YOUR REQUIREMENTS. SIC 3Pro BUSINESS PRINT) INi &GRAPH E -K LAKE ED MN Z5330 :antaci: DICK BOOKS Colt G &K Services Dcntl.�rt:u I } } 1 �Ir}hu -� �u.t�cE 1201 PROSPER DK-IVE NAITE PARK NN 56367 0000 PH: ( 612 ) 252 - ?130 501045 I 41- 0444530 Ij 100i j ` ITEM DESCRIPTION - - your�usiness - s LARGE GMT PRICItS 3 x 4 gar SPKLTONE BROWN Inven InCT&S 4 X 6 NAT _ - — SPIiL TONE BROWN Inven Incres f PRI 30 PURPLE Deposil - Inven IncrEs BAGS STANDS ' X Inven Incres _ BASTE (DATER CNG I 6.500 i 707787 PAGE i OF i DATE ti X 13, 14'4'3 PMT METH AIR NBF Cash 161 Ct1STOMER NBR INV I OUANTITY ' AMOUNT 1� QUANTITY j NET ADJU EO: -B 2 1 4.507 - 1 IN T 2 EOk -$ 2 1 7.10T 3 IN T 4 EDk -B ISO 120 21.60T 5 EOW -B EOc -3 - k4 YO Thah MESSAGES SSAG =s - F ; " CHARGE AC•T. TERNS - We appreciate - _ - NET MOUNT DUE - 107H tip WEXT AWE ! - - your�usiness - s LARGE GMT PRICItS 1 t ' CASH - PAYMENT DUE ON RECEIPT OF INVOICE - THANK YOU! CHARGE - NET 10TH OF MONTH FOLLOWING DELIVERY -THANK YOU! A& adjustments are subject to G &K M ment approval. Goods and services offered pursuant to a contract. Returned X checks are subject to a service fee of $ CUSTOMER SIGNATURE 120 45.60T 6 120H T 7 1 1 T 8 i IN T 4 i i.99T 10 80:79 5.25 86. t}4 -OT 3, BLK 1 . b W 40p 79• .rte �-O LL �,•� ''•mob �... �= _ --- I (' I 4 c m co i U. BITUMINOUS ' SURFACE CURB AND GUTTER t W. C5 Q IN - 1 1 'd E� . ; 20.00 o - -C'' � = 21 446. 8• .� NA•nf[w.TAL O�°03 Fc( COL -I /� '