6.6. SR 05-19-2003City
Item # 6.6__~.
MEMORANDUM
TO:
Mayor and City Council
FROM:
DATE:
Chris Leeseberg, Planner~
May 19, 2003
SUBJECT:
Case No. CU 03-08
Kevin Murray- Conditional Use Permit Request to Park a Semi
Tractor and Trailer
Request
Kevin Murray requests a Conditional Use Permit to park a Semi Tractor and Trailer on his
property.
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
9660 178th Avenue NW
Lot-8 Block-2 Hidden Creek Country Estates
Attachments
· Location Map
· Site Plan
· Images of Site
· Aerial Photo
· Letters from area neighbors
· Ordinance Language related to Tractor/Trailer parking in R-1 districts
Zoning/Land Use
Rla, Single Family Residential / LR, Low Density Residential
City Council / CU 03-08
May 19, 2003
Page 2
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:
2. W'dl be cmsi.c, ozt with tl~ ~ plan.
4. W'dl be servod adatuaMy ~ and will not dmse0 ~fect essential public facd' ities and servioes
~sding streets, poliee and fire pro~im, drainage, refuse a~sposal, water and sewer systons, parks
be dm6noval to arty txersons or ~ because of excessive traffzc, noise, smoke, rio'm, glare,
6. Wdl not result in tbe ~ loss or damage of a natural, scozic or hiaork fealure of major
7. Wdlfidtymmtpty~ith. allother~req~,!mnmtsofthis Code, indudinganyapplicablerequiremozts
~. standards for the tssuance of a license or permit to establish and operate tbe pro~s~ use in the
cuy.
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.
Existing Condition~
The site is a comer lot and has little or no trees and is basically flat. Located on the site is a
single family home. The nearest home is approximately 225-feet away. The applicant has
been parking his tractor and trailer there for the past two years without a Conditional Use
Permit. Prior to a recent complaint call, there have not been any complaints within that two
year period regarding the parking.
Analysis
The applicant would like to park a tractor and empty flat bed trailer on his 2 ~ acre site.
The hours of operation are dependent on specific jobs he has to drive. The applicant has
stated that when he leaves at early hours and when he returns at later hours, he uses idle
speed both on arrival and on departure to reduce noise. The applicant also stated that he,
out of courtesy, only uses his fog lights as he leaves his property, so as not to shine lights
into neighboring homes.
In the Rl-a zoning district, Track tractor and/or trailer parking on platted parcels or parcels
less than five acres in size is allowed as a Conditional Use.
S:XPLANNING\Case Filesk2003kCU 03-08 Murray\CU03-08_CC.DOC
City Council / CU 03-08
May 19, 2003
Page 3
There is a 5-ton road restriction placed on this street during spring months. The applicant
will be parking on the property with an empty load in order to meet the road restrictions.
The applicant will be the only individual driving the tractor & trailer.
Access will be off of 178th Avenue. The front of the tractor will be 27-feet from the road.
Planning Commission Action
The issues that were discussed regarded screening the tractor/trailer, access to the site, smell
and the possible storage of the tractor/trailer in a pole building. The applicant stated he was
intending on constructing a pole building to park the tractor/trailer in. It was a consensus
that a pole building should be constructed to house the tractor/trailer. This would help
control any noise or odor problems.
Two residents and one submitted letter spoke in favor of the request while two submitted
letters were against the request.
The Planning Commission recommended approval of the request to park a Semi Tractor
and Trailer on the subject property. The motion carried 5-2.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the request
for a Conditional Use Permit to park a Semi Tractor and Trailer with the following
conditions:
1. IF MORE THAN ONE EMPLOYEE OR ONE TRACTOR/TRAILER IS
TO BE PRESENT, THE APPLICANT SHALL APPLY FOR AN
AMENDMENT TO THE CONDITIONAL USE PERMIT.
2. THE TRACTOR & TRAILER SHALL BE PARKED ON AN APPROVED
SURFACE PER THE ORDINANCE REQUIREMENTS.
3. THE TRACTOR SHALL NOT IDLE FOR MORE TIME THAN IS
ALLOWED PER SEC. 46-34 OF THE ORDINANCE. (THE IDLING OF
A TRUCK TRACTOR IN EXCESS OF 15 MINUTES FROM APRIL 16
THROUGH OCTOBER 31, AND 30 MINUTES FROM NOVEMBER 1
THROUGH APRIL 15.)
4. THE APPLICANT SHALL FOLLOW ALL POSTED ROAD
RESTRICTIONS.
5. THE APPLICANT SHALL CONSTRUCT A STORAGE STRUCTURE
FOR THE TRACTOR/TRAILER WITHIN 24 MONTHS OF THE
CONDITIONAL USE PERMIT APPROVAL.
S:kPLANNING\Case Filesk2003\CU 03-08 Murray\CU03-08_CC.DOC
Case Number:
Location Map
CU 03-08 KE'VlN MURRAY
N
17/04 03 THU 10:32 FA~ 763 441 8318 Kevin & Suzanne Murray ~002
17/04 03 THU 10:37 FAX 763 441 8318 Kevin & Suzanne Murray ~003
Murray Opposition 2
GREGORY 3 DUNSMOOR
9657 178 TH. AVE. NW
ELKRIVER MN 55330
Home Phone 763-441-0506
Michele Mcpherson Director of planning
ELK RIVER CITY HALL
13065 ORONO PARK WAY
ELK RIVER,MN 55330
Dear, MICHELE
This letter is in regards to a conversation we had approximately one week ago
regarding a letter I received from your office. In the letter you stated that Mr.
Murray case #03-08 was applying for a conditional use permit to park a tractor
trailer semi in a R1A'single family residential neighborhood. I asked you why would
he apply for a permit when he has been allowed to park this vehicle here for years,
you stated that someone had filed a complaint. Then you asked for my opinion, I
stated it and you told me to submit a letter or show up for a public hearing, so
here are my thoughts on it.
#1 The truck is allowed to idle for extended periods before departing each morning
(3-6am) making sleeping difficult, more so if windows are open (summer). Also the
truck is equipped with air brakes (very noisy)
#2 The truck has - on occasion - returned as late as midnight.
#3 The truck is driven the long way around the development affecting 3/4 of the
neighborhood when returning. This
allows for easier positioning in the front yard, so he doesn't have to back in
blind side (this allows driver to back up easier using driver's side mirror instead
of passengers' side )
#4 The truck is not parked on a designated surface, which not to mention makes what
could be a yard look unsightly, it leaves residual on the street upon departure at
certain times of the year or after a rain shower.
#5 The view from my property of this is not only unsightly it's unforgivable. I'm
also sick of my friends and family asking me what has happened to this neighborhood
pointing out not only this location but also others alonq the way. Its also too bad
someone did not do something about this before I transplanted additional trees to
block the view of the property ... costing me hundreds of dollars. I really don't
think the city should impose this burden on its residents to police the neighborhood
when the answer is so obvious to me that commercial equipment belongs on commercial
property and residential property needs some occasional upkeep!!!
Greg ] Dunsmoor
9657 178th Ave. NW
Elk River, MN 55330
Page 1
Case # 303-08
(Kevin and Sue Murray)
April 22, 2003
It's my understanding that my neighbors, Kevin and Sue Murray, have asked the city of Elk River to allow
a permit to park a semi tractor trailer on their property. I am a long time friend and next door neighbor of
Kevin and Sue and feel as though I have been asked by the City of Elk River to possibly jeopardize our
friendship by asking that the city not allow the permit in question.
While I understand the reasons that Kevin and Sue like having the truck easily accessible for Kevin - I
would suggest that Kevin ask his employer to find a more suitable location for parking the truck. There are
several reasons why my wife and I moved from the metro -'and away fi'om commercial properties - and
one of them is so we wouldn't have to deal with semis driving by our house.
I have not spent tons of money working to make my home into a castle but I do think that I have made an
attempt to keep our neighborhood looking the best that I can. It tends to defeat the purpose by having the
truck parked in my neighbors front yard. I have spoken to other neighbors that feel the same way. ! think
that most of them are, as I am, somewhat reluctant to say anything about their true feelings as we feel that it
will only damage the strong friendship that we have built with the Murrays over the years.
I would have to say that the main reason that I'm apposed to allowing the permit is that we live in a
residential area. Trucks of this size should be parked in a commercial area - a place specifically zoned and
developed for large trucks. I know that Kevin is a very conscientious driver and makes every attempt to
avoid any possible problems while driving through the neighborhood - but I would still rahter not see the
truck pulled into his front yard. I think that Kevins employers should take it upon themselves to make
arrangements for the truck to be parked in an appropriate and permitted area. I don't feel that this is a
situation that Kevin - or any of his neighbors should be going through.
Again, I haven't done everything that I could do to make my house the most desirable home in the
neighborhood. I have tried to take care of my yard - not only for my wife and children, and myself but for
the sake of the neighborhood as well. Sometimes we might not all be able to spend as much time and/or
money as we would like to in order to keep our places looking the absolute best. But simply not having the
track parked in my neighbors yard is a seemingly simple way to take a step in the right direction.
I would like to express my apologies to Sue and Kevin for asking that the City of Elk River not allow the
permit. I hope that I have not caused any hard feelings between our families. I wish the city had not asked
me to make this case as I feel that it should only make sense that commercial vehicles not be parked in a
residential area.
Matt Ecklund
9728 178~' Ave NW
Elk River MN 55330
John and Angie Paavola
17855 Cleveland St. NW
Elk River MN 55330
Apd119, 2003
To Whom It May Concern
Dear Sir or Madam:
We are wdting in response to a letter we received from the city last month regarding Sue and Kevin
Murray's property. The concem was about the parking of a semi trailer next to their home. We will first
state that we absolutely do not mind them parking this vehicle there. We will add that we feel that it is
very sad that this even needs to be addressed. Secondly, many people moved to a place with a lot of
land so that we could do as we please in our yard and who are we to judge what others do? Thirdly, it
is our understanding that this is a work vehicle. What about people who park large trailers or cargo
vehicles in their yards that they use for work? Do we oust them as well? I would hope that it would not
come that.
Thank you for sending us a letter regarding this so that we could express our opinions. If any
questions we would be happy to discuss them further.
Sincerely,
John and Angela Paavola
§ 30-991 ELK RIVER CODE
(3) R-lb district. This district is intended to
provide land for attractive and diverse
low density single-family residential de-
velopment, and to primarily contain de-
tached low density single-family residen-
tial developments and low density planned
unit development. Subdivisions utilizing
on-site sewage disposal systems and pri-
vate water wells cannot exceed one single-
family residence per gross acre. Construc-
tion of on-site sewage disposal systems
shall not be permitted on adjoining lots.
Streets and other improvements may be
temporary in nature as approved by the
city council.
(4) R-lc district. This district is intended to
provide singie-family residences in areas
with full municipal public sanitary sew-
ers, storm sewers, and municipal water in
areas that are a continuation of existing
residential development patterns and the
infilling of existing lots in established
areas.
(5) R-ld district. This district is intended to
provide single-family residential districts
with larger lots and higher quality hous-
ing types in areas with full municipal
public sewers, storm sewers, and munici-
pal water in areas that possess significant
natural features, including vegetation,
wetlands, and topographic features. This
district is intended to encourage the de-
sign of subdivisions that protect natural
features while providing high quality hous-
lng sites.
(b) Permitted uses. Permitted uses in the R-1
districts are as follows:
(1) Single-family dwellings per section 30-
799.
(2) Licensed day care facilities for 12 or fewer
children.
(3) Model homes in compliance with section
30-800.
(4) Agricultural uses in the R-la district (more
than five-acre lot size).
(5) Public parks, playgrounds and open space.
(6) Permitted home occupations.
(7) Truck tractor and/or trailer parking
(nonplatted parcels five acres in size or
greater within the R-la district).
(8) State-licensed residential facilities or hous-
ing with services establishments regis-
tered under Minn. Stats. ch. 144D serving
six or fewer persons, licensed day care
facilities serving 12 or fewer persons and
group family day care facilities licensed
under Minnesota Rules, parts 9502.0315
to 9502.0445, to serve 14 or fewer chil-
dren, except that a residential facility
whose primary purpose is to treat juve-
niles who have violated criminal statutes
relating to sex offenses or have been ad-
judicated delinquent on the basis of con-
duct in violation of criminal statutes re-
lating to sex offenses shall not be a
permitted use.
State law reference-Similar provisions, Minn.
Stats. § 462.357, subd. 7.
(9) Open space preservation development plats
within the R-la district (residential clus-
tering).
(10) Towers less than 60 feet in height.
(11) Governmental offices.
(c) Accessory uses. Accessory uses in the R-1
districts are as follows:
(1) Accessory farm structures.
(2) Public shelters and essential services.
(3) Garages and sheds, including metal-
skinned buildings in R-la districts.
(4) Private recreational facilities.
(d) Conditional uses. Conditional uses in the
R-I' ~listricts are as follows:~
(1) Conditional home occupations.
(2) Fairground facilities.
(3) Golf courses and country clubs.
(4) Governmental buildings and facilities.
(5) Temporary mobile homes used as a resi-
dence.
(6) Institutional uses.
CD30:118
LAND DEVELOPMENT REGULATIONS § 30-993
(7) Licensed day care facilities in institu-
tional buildings.
(8) Agricultural uses in the R-la district (less
than five-acre lot size).
(9) Agricultural uses in R-lb, R-lc, and R-ld
districts (five-acre minimum lot size).
(10) Feedlots in the R-la district.
(11) Commercial kennels in the R-la district.
(12) Private kennels in the R-la district.
Truck tractor and/or trailer parking (plat-
(13)
ted parcels or parcels less than five acres
in size within the R-la district).
(14) Cooperative gardening in preserved open
space.
(15) Horticulture and floriculture services in
preserved open space.
(16) Private stables in preserved open space.
(17) Wayside stands in preserved open space.
(18) Therapeutic massage and sauna establish-
ments operated as a home occupation.
(Code 1982, § 900.12(5); Ord. No. 99-32,
§ 3(900.12(5)(A), (5)(C)), 11-15-1999; Ord. No.
01-05, § 2, 4-16-2001)
Sec. 30-992. R-2a district.
(a) Purpose. The R-2a district is intended to
create low density housing areas as a transition
between single-family housing and higher density
residential housing.
(b) Permitted uses. Permitted uses in the R-2a
district are as follows:
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) State-licensed residential facilities or hous-
ing with services establishments regis-
tered under Minn. Stats. ch. 144D serving
six or fewer persons, licensed day care
facilities serving 12 or fewer persons and
group family day care facilities licensed
under Minnesota Rules, parts 9502.0315
to 9502.0445, to serve 14 or fewer chil-
dren, except that a residential facility
whose primary purpose is to treat juve-
niles who have violated criminal statutes
relating to sex offenses or have been ad-
judicated delinquent on the basis of con-
duct in violation of criminal statutes re-
lating to sex offenses shall not be a
permitted use.
State law reference~Similar provisions, Minn.
Stats. § 462.357, subd. 7.
(4) Model homes in compliance with section
30-800.
(5) Public parks, playgrounds and open space.
(6) Permitted home occupations in single-
family dwellings.
(c) Accessory uses Accessory uses in the R-2a
district are as follows:
(1) Public shelters and essential services.
(2) Garages and sheds.
(3) Private recreational facilities.
(d) Conditional uses. Conditional uses in the
R-2a district are as follows:
(1) Conditional home occupations in single-
family dwellings.
(2) Metal-skinned buildings.
(3) Institutional uses.
(4) Governmental buildings and facilities.
(5) Licensed day care facilities with 13 or
more children in institutional buildings.
(6) Zero lot line development.
(7) Manufactured home parks as defined in
Minn. Stats. § 327.14, subd. 3.
State law reference~Similar provisions, Minn.
Stats. § 462.357, subd. lb.
(Code 1982, § 900.12(6))
Sec. 30-993. R-2b district.
(a) Purpose. The R-2b district is intended to:
(1) Create low density multiple dwelling ar-
eas with a broad range of housing types;
(2) Preserve and enhance transitional resi-
dential areas between lower and higher
densities in areas served by public utili-
ties; and
CD30:119