6.4. SR 05-19-2003
Item # 6.4.
MEMORANDUM
TO: Mayor and City Council
FROM: Chris Leeseberg, Planner Ce,
DATE: May 19,2003
SUBJECT: Case No. CU 03-06
John Casey - Conditional Use Permit Request for a Home
Occupation (Drywall Business)
Request
John Casey requests a Conditional Use Permit for a Home Occupation (Drywall
Business/ Ceiling Texturing).
60-Day Rule
To comply with the 60 day rule, without an extension, this item needs to be acted on by May
29, 2003.
Location
9922 178th Avenue NW
Lot-3 Block-2 Hidden Creek Country Estates
Attachments
· Location Map
· Applicant's Letter
· Home Occupation Standards
· Site Plans
· Floor Plan
· Images of Site
· Aerial Photo
· Letters from area neighbors
· Staff Drawing of Proposed Parking Area
City Council! CU 03-06
May 19, 2003
Page 2
Zonini/Land Use
R1a, Single Family Residential / LR, Low Density Residential
Standards for Issuance of a Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed
location:
1. Wzl! not endanfp-, injure or detrimmtaJJy affirt the use and enjoynmt of other property in the
imrn<<liate vicinity or the publ~ health, safety, morals, crmjQrt, cammiena! or gmeral mifare of the
neigfJlurIxxxl or the city.
2. Wzl! be consistent with the ccmprrhensir:e plan.
3. WzlJ not imp<<le the nmmal and arderly deuiopnmt and impruummt of surmmdingwcant
property.
4. Wzl! be sen:<<l adequately by and will not adw-se1y affirt essential public facili1ies and servKes
induding streets, police and fire protRtion, dr~, refUse disposal, W1ter and secrer systims, parks
and sdxxls; and will not, in partiaJar, create traffic ~ or ~with traffic an
adjarent and neigfJWringpublic thorouifares.
5. Wzl! not inwlu! uses, activities, processes, materials, equipnent and amditians of operation that will
be detrimental to any per:nns or property lxrause of excessiu? traffic, noise, smoke, fimes, glare,
aIars, dust orvihrations.
6. Wzl! not result in the destmction, loss or ~ of a natural, scenU: or historic feature of major
impJrtmu:e.
7. Wzl! fiJly a:mply with all other requinmmts of this 0xIe, induding any applicable requimrmts
and standards for the issuance of a license or permit to establish and operate the profXJm use in the
city.
If denial of such a permit should occur, it shall accompany recommendations or
determinations by findings or a report stating how the proposed use does not comply with
the standards set forth in section 30-654.
Existini Conditions
Located on the site are a single family home and a detached pole building. The nearest
home is approximately 175-feet away. There is double row of mature pine trees between the
subject property and the adjacent home to the west. There are nine coniferous trees,
approximately 15-feet tall and 8-feet in diameter, screening the rear of the pole shed from
properties to the east. There is partial screening of the house to the south of the property
but there are numerous coniferous trees planted along the property line that will create a
screen in several years. The applicant has been operating this business for the past two and
half years without a Conditional Use Permit. Prior to a recent complaint call, there have not
been any complaints within that two and half year period regarding activities on the site.
S:\PLANNJNG\Case Files\2003\CU 03-06 Casey\CU03-06 _ CC.DOC
City Council! CU 03-06
May 19, 2003
Page 3
Analysis
The applicant is applying for a Conditional Use Permit to operate a home occupation
because they do not meet one of the 11 criteria that need to be met for Permitted Home
Occupations.
The only criterion that is prohibiting the applicant from running his business as a Permitted
Home Occupation is Criteria #7 of the Home Occupation Standards. Criteria #7 states,
"No permit:t<<llxmeoaupation shall be seroiar.l by deliveryu:hicles la'YlP'them 26,000 pounds gross7Xhicle
ur:igJJt. >> This Home Occupation receives deliveries from vehicles exceeding this limit
typically once a month via a tandem axle flat bed truck. The truck will be backed onto the
site and the product will be removed with a forklift and stored in the pole building until used
at specific job sites. Access to the pole shed will be off of 178th Avenue at a new driveway.
The ceiling texturing business will be run out of a 2,400 sqft pole building located on the 2
1;1 acre site. The subject property is allowed 3,000 sqft of accessory structures. The majority
of the pole shed will be devoted to storage of the texturing materials, a forklift and trucks.
There will be a 132 sqft office within the pole building. The property will be utilized as a
meeting place, and all work will be completed off site at specific job locations.
The hours of operation will be Monday through Friday 8:00 a.m. to 7:00 p.m. with an
occasional Saturday.
There is a 5-ton road restriction placed on this street during spring months. The applicant
will need to follow these restrictions as needed.
The number of employees, other than those persons who customarily reside on the
premises, which will be meeting and then leaving from the subject property, will be four.
The applicant will provide a parking area on the back (south) side of the pole building. This
area will be accessed by a driveway along the west side of the pole building which is screened
from the house to the west by mature trees. After the discussion at the Planning
Commission meeting regarding parking and screening, staff revisited the site and took
images of the screening of this parking area. With the exception of one house to the south,
which is partially screened by vegetation, this parking area is heavily screened from all other
homes.
Planning Commission Actions
There were some general questions regarding the setback of the pole building, the existing
garage doors on the house and how much screening there was at the site. Two other issues
that were discussed is the number of vehicles parked at the site and what is the appropriate
size of a business in a residential neighborhood.
A fmal issue was the delivery of products. There was a misunderstanding that the deliveries
were going to be made by a semi tractor trailer which could possibly create a traffic hazard.
In fact, deliveries will be made via a tandem axle flat bed truck which will be unloaded in the
driveway.
S:\PLANNJNG\Case Files\2003\CU 03-06 Casey\CU03-06 _ CC.DOC
City Council / CU 03-06
May 19, 2003
Page 4
At the public hearing, several neighbors spoke against the business based on their desires not
to be looking at a parking lot, the impact truck traffic will have on the life of the road and
general aesthetics. One neighbor was in favor of allowing the Conditional Use Permit.
Criteria #4 of the Permitted Home Occupation standards states "A maximumof one fid/.-time
employee, or equiwlent, other than those per:nns 7.dxJ atStantrrily reside an the pronises shall be unp/oyld
This pruuisi.on shall not apply to duxilings uhere the permitt<<llxme oa:upation is a ma1ingplace for
unployres and the7.WYk is done o/f-prrmises. " Based on Criteria #4 and the fact that there is
adequate screening for four vehicles parked on the south side of the pole building, the
vehicle parking is permitted as long as it complies with Criteria #9. Criteria #9 states,
"PerrniJtJ.d lxme oa:upatinns shall not create a parking demand in excess of that u:hich can be aaxrnmxIat<<l
in em existing driwmy, uhere no uhic!.e is park<<] closer than 15 feet to the curbline or ~ of the paml.
suiface. "
The Planning Commission unanimously recommended denial of the request of the
Conditional Use Permit for a home occupation based on the following fmding:
1. THE REQUEST DOES NOT MEET THE STANDARDS FORA
CONDITIONAL USE PERMIT.
Recommendation
Staff recommends that the City Council approve the request for a Conditional Use Permit
for a Home Occupation (Drywall business) with the following conditions:
1. THERE SHALL NOT BE MORE THAN FOUR EMPLOYEES AND
FOUR EMPLOYEE VEHICLES PARKED ON SITE. IF ADDITIONAL
EMPLOYEES OR VEHICLES ARE TO BE ADDED, THE APPLICANT
SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE
PERMIT.
2. EMPLOYEE VEHICLES SHALL BE PARKED ADJACENT TO THE
SOUTH WALL OF THE POLE BUILDING ON AN APPROVED
SURFACE PER THE ORDINANCE REQUIREMENTS. THE
IMPROVED SURFACE SHALL NOT EXTEND MORE THAN 35-FEET
FROM THE SOUTH SIDE OF THE POLE BUILDING.
3. THERE SHALL BE NO STORAGE OF BUSINESS PRODUCTS OR
EQUIPMENT OUTSIDE OF THE POLE BUILDING.
4. DELIVERY VEHICLES SHALL BE UNLOADED ON SITE AND NOT
FROM THE STREET.
5. DELIVERY OF BUSINESS PRODUCTS SHALL NOT BE MADE BY A
SEMI TRACTOR TRAILER.
6. THE APPLICANT SHALL FOLLOW ALL POSTED ROAD
RESTRICTIONS.
S:\PLANNJNG\Case Files\2003\CU 03-06 Casey\CU03-06 _ CC.DOC
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p.IVE P.
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Location Map
Case Number: CU 03-06 JOHN CASEY
1f
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JDC SPRAY & DRYWALL INC.
9922-178 Th Ave. NW
Elk River. MN 55330
March 10, 2003
Dear Elk River Planning Commission and City Council Members.
I run a small drywall business out of my residence. We texture ceilings and walls with a variety (}f
different textures for many drywall contractors through out the Twin Cities area and greater Minnesota. All
of our work is done off site of my residence. I keep the work trucks inside my pole shed for storage and to
keep them heated in the winter months. Nothing is stored outside my residence. Everything is keep very
otganiZed and neatly maintained. Thank you
Sincerely.
John Casey
(c) .Permitted home occupations. Permitted home occupation permits shall be issued
subject to the conditions of this section, other applicable city ordinances and state law. A
permit for a permitted home occupation may be issued by the city based upon proof of
compliance with the provisions of this section. Application for the permitted home
occupation permit shall be accompanied by a fee as adopted by resolution of the city council.
If the city denies a permitted home occupation permit to an applicant, the applicant may
appeal the decision pursuant to the provisions of subdivision II of division 2 of this article.
Permitted home occupations are subject to the following criteria:
(1) The occupation shall be carried on entirely within the dwelling unit or attached
garage, except that light construction contractors may use detached accessory structures
which would normally be allowed under the provisions of this article for storage. If the
home occupation is carried on in the garage, the minimum amount of required garage space
shall be maintained.
(2) There shall be no exterior evidence of the home occupation such as displays or
exterior storage of business equipment, materials, merchandise, inventory or heavy
eqmpment.
(3) No permitted home occupation shall require internal or external construction
features not customarily found in dwellings.
(4) A maximum of one full-time employee, or equivalent, other than those persons who
customarily reside on the premises shall be employed. This provision shall not apply to
dwellings where the permitted home occupation is a meeting place for employees and the
work is done off-premises.
(?) Permitted home occupations involving teaching shall not exceed two pupils at a
tune.
(6) Any sign or visible advertisements shall not exceed two square feet in area and shall
be mounted flat on the outside wall of the dwelling.
-+ (7) No permitted home occupation shall be serviced by delivery vehicles larger than
26,000 pounds gross vehicle weight.
(8) No home occupation shall have outside employees and/or customers between the
hours of 10:00 p.m. and 7:00 a.m.
(9) Permitted home occupations shall not create a parking demand in excess of that
which can be accommodated in an existing driveway, where no vehicle is parked closer than
15 feet to the curbline or edge of the paved surface.
(10) The operation of any wholesale or retail business, unless it is conducted entirely by
mail, and does not involve the sale, shipment, or delivery of merchandise on the premises, is
prohibited. On-site sales shall be limited to those clearly incidental to services provided in
the dwelling.
(11) Permitted home occupations may not involve repair of internal combustion engines
or use of equipment which is not normally found in a home, except that equipment which is
typically in an office may be used.
(d) Conditional home occupations. Home occupations that do not involve prohibited
activities but that exceed the permitted home occupation criteria may be allowed with
approval of a conditional use permit by the city council pursuant to the provisions of
subdivision II of division 2 of this article.
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ElATE OF PHOTOGRAPHY - APR II
April 27, 2003
To Whom It May Concern:
John and Debbie Casey have been neighbors of ours for over 10 years. They both have
been very considerate with regard to their home business. We can see the Casey's home
from our deck and we have never had any concerns about the appearance of their home or
yard. In fact, they have always kept their yard mowed and clean_ They have continued to
make enhancements to both their home and yard which has contributed to the value of the
homes around them - including ours, Because of the business that John is in, he has
always been great about assisting us with our own home improvement projects.
John, Debbie and family are the type of people you want to have as neighbors. They
mind their own business, they are good to our family and are people you can trust and
rely on.
There are a number of "home" businesses being operated out of this development. The
least of my concerns is the one owned and operated by John & Debbie Casey. Their
business is managed in a professional, clean and quiet manner and therefore is a noo-
issue for the neighborhood.
Jim & Sandy Smith
17724 Cleveland Street NW
Elk River, MN 55330
April 24, 2003
We are writina this letter in re\!urds to Jolm & Deb Casey's issue with the City o~Elk h d
River. We ha:e been neighbor~ of the Casey's since 199:. We do not and never" ave a
a problem with lohn having his home business in our nelghborhood. The Casey s ~f
upstanding people with regard to our neighborhood and have always been wo~~er fi
people to have close by. We do not now, no~ have,we ever ha~ a problem sme mg urnes
from his trucks nor do we have a problem wlth nOIse of any kmd. We could use more
people in our neighborhood as willing to put forth efforts to keep us peaceful and safe.
Jeff & Idelle Day
3 2003
May 12,2003
Elk River City Council
13065 Orono Parkway
Elk River, Mn 55330
RE: Conditional Use Permit for John Casey
9922 1 78th Ave NW
Elk River, MN 55330
Members of the Elk River City Council,
As neighbors of John Casey, we are writing to express our support for a Conditional Use Permit for
John's business and urge you to approve and grant the permit. We do not have any concerns with
the issues raised at the last meeting regarding this matter.
Thank you.
"
/! .
~vb fJtLAii; !1rr/J{1Ch-
Bob and Sandy Bjorstrom
9970 178th Ave NW
Elk River, MN 55330
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Paul and Debby Wasgatt
9939 178th Ave NW
Elk River, NIN 55330
To Whom It May Concern,
We live directly across the street from the Caseys and feel there is no
reason their permit should not be issued.
We are new to the neighborhood, having only just moved in during July oflast year, but
we never had any reservations about purchasing our home due to the Caseys business.
We suspected that a business was being operated out of their home, and had that
suspicion confirmed later by the previous owners, but never felt it was a deterrent to
living here. The Caseys have been gracious and respectful neighbors. We enjoy our
new home and the entire community here more because of them.
There is no traffic problem, from our point of view, since their trucks leave and return
around the same times as would be typical for any of us working full-time. We don't see
any issue with noise, truck fumes, or deliveries. Their plans for employee parking are
quite pleasing to us. Every aspect of a professionally run business seems to be in place.
We plan on attending the May 19th meeting and would be happy to answer any further
questions you may have at that time. Our phone number is also listed below if you would
like to contact us before then.
Respew /J~
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Paul and Debby Wasgatt
(763) 441-9072
To Whom It May Concern:
This letter is written on behalf of our neighbor, John Casey. He is attempting to acquire a
permit for his business.
We have been neighbors with the Casey's for several years and they have never created a
problem for our neighborhood. Their property is always kept very neat and quiet. As far
as his business, the trucks leave at the beginning of each day and return in the later
afternoon. We very seldom hear them come and go. The trucks are always parked
indoors at night and there will be parking off the street for employee vehicles, which will
be non-visible to neighbors. John and his employees have always been respectful to the
neighborhood.
We feel that there is no reason why this permit should not be allowed.
Respectfully,
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Kevin and Jill Arens
9853 178th Avenue NW
Elk River, MN 55330
Deb and John Casey
John and Deb have been your neighbors for 10 years. We have never had any problems
with them. We can't tell that they run a business out of their house. The trucks are
always in the garages. The outside of their house is always in order. They do not leave
things laying around the yard. Like some of the other neighbors. We don't see anything
wrong with them having the new pole building.
If you have any question about this please give us a call 763-441-6529
Paul and Barb Armstrong
To Whom It May Concern;
We are writing this letter on behalf 0/ our long-time neighbors, Jon and Debbie Casey. We all moved into
this neighborhood (Hidden Creek Country Estates) about 10 years ago and have known the Casey's for
the majority of that time. We have noticed how they have made numerous improvements to their home
and property and always maintain a clean, neat appearance 0/ their home and yard. We've also known
them to be respectful and considerate of their neighbors.
Jon has run his own business for several years now, and the activity related to business at his property is
kept to a minimum. From what we have observed, Jon and his crew leave for work in the morning and
return in the afternoon just like the rest of us. The new building, and the conversion of their present
attached garage into living space will enhance the "curb appeal" 0/ the Casey s property. Numerous
pole barns have been constructed in Hidden Creek in recent years, we look forward to being able to have
one ourselves in the near future. The lot sizes being 2 - 10 acres in the development, we believe allows
ample room for such structures, along with the existence of small businesses that fall within reasonable
guidelines. We believe strongly that JDC Drywall falls well within that category. We hope that common
sense will prevail and JDC will continue to be a sUCCess in our community and our neighborhood.
Thank you,
~ cp--
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May 13,2003
Elk River City Council
We have been residents of Hidden Creek Country Estates since May of 1990. We enjoy
our neighborhood and the people who live here. We were sadden to hear of the
difficulties John and Debra Casey are experiencing getting a permit for their work
vehicles and supplies for their dry wall business. Their business is done with expertise
and in a professional manner. The driver of the supply truck Qc(snot obstruct traffic in
any way. John keeps his property well maintained and is courteous to any reasonable
concerns to the business and/or personal manner that a neighbor might have. Elk River is
very fortunate to have residents such as JohnfgebCasey living in their city. The
production from their business and the taxes they pay is what helps make Elk River a fine
place to live.
Respectfully,
Randy Deshayes
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Pri':W;~~C U ~
17425 Fillmore St. NW ~
Elk River, MN 55330
(763) 441-4726
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May 18, 2003
Mr. John Casey
9922 178th Avenue NW
Elk River, MN 55330
Dear John,
Through you and other neighbors, we have heard pieces of your recent struggles
in completing your garage project. Although you do not know us well, we wanted
to send a letter to show support in what you are doing. We do not have a
problem in any way with the new garage that you are bLiilding. As a matter of
fact, we think that the garage looks very nice and il well constructed. The
structure flta aesthetica"y with the relt of the development, and does not iook
any different than many other home. In our neighborhood.
When we purchased our home in 1993, the 101. purpOl8 of moving into this
~hborhood was because we de.lred the freedom to accommodate our
Iifeltyle. For every pel1on, the needs and wanta of their property are different.
We do not understand wnat gives one per'lOn the right to question the wants and
needs of another. In our opinion, the structure that your are building is
something that meets the n..ds and wanta of your family. Although you have
explained that you are going to use the building to house your work trucks and
related work accessories, we do not see any problem with that. In regards to
extra vehicles in your drive during the day, we have found that the vehicles are
typically gone by the time we get home from work and do not pOle a problem
when there.
In our opinion, the building does not negatively impact the curb appeal of your
home, nor i. it in poor taste or quality. Therefore, we do not se. an issue with
the atrueture itself. or your plans of us..
We hope that you prevail In your final inspection and hope that others in the
neighborhood will continue to invest in their home and property the way you
hive.
Belt of luck. .. h/'l
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Tim and Bridget McLennan
9825 178thAvenue NW
Elk River, MN 55330