6.9. SR 09-15-2003Item # 6.9.
MEMORANDUM
TO:
Mayor and City Council
FROM:
Chris Leeseberg, Planner
DATE:
September 15, 2003
SUBJECT:
Case No. CU 03-22
Request by Contractors & Consultants, Inc for a Conditional
Use Permit for Outdoor Storage related to a Contracting
Business and an Interim Use Permit for an Existing Residence.
Request
Contractors & Consultants, Inc requests a Conditional Use Permit for Outdoor Storage
related to a Contracting business and an Interim Use Permit for an Existing Residence.
60-Day Rule
To comply with the 60 day rule, without an extension, this item needs action by September
25, 2003.
Location
16038 Jarvis Street NW
Lot-i, Block-1 Cascade Industrial Park
Attachments
· Location Map
· Letter from Applicant
· Site Plan
· Images of Ske
· 1-2 Uses of the Zoning Code
· Letter and Petition of Support of Request
City Council / CU 03-22
September 15, 2003
Page 2
Zoning/Land Use
12, Medium Industrial / MI, Medium Industrial
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. Wdl be consistmt ~ tl~ ~ plan.
3. V~dl not irn~ the normal and orderty ~ wwl ~ of surr~vding vacant
4. be adequately by and not adm affect essenad public facilities and seraces
bTduding streets, police and fire protmtion, drainage, refuse disposal, water and sermr systom, parks
and schools; and u~ not, in partiadar, create traff~ congestion or interfoma? with traff~ on
5. Wdl not ~ uses, actizides, processes, matoids, equipwmt and conditions of operation that will
be detvknmtal to arty persons or property because of excessive traffzc, noise, smoke, fianes, glare,
6. Wdl not result in the destmaio~ loss or damage of a naturad, scenic or historic feature of major
7. Wall fully ccrrtpty with all other requirements of this Code, irdud~ arty applicable requironmu
and staMarch for the issuance ora license or permit to establish and operate the propo~ use in the
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.
Overview
The House/Interim Use
Currently on the subject property is a house, being rented by someone other than the
applicant, which will be converted entirely into office space within five years. A portion of
the residence will be used as office space with the remainder of the house to be rented by the
current occupant for a period of time until they find a new location to reside.
The Business
Contractors & Consultants, Inc. provides general contracting services, focusing on
residential projects such as installation of windows, siding, roofing, etc. as well as demolition
and dean-up services.
S:KPLANNiNG\Case Files\2003\CU 03-22 Contractor & Consultants\CU03-22 CC.DOC
City Council / CU 03-22
September 15, 2003
Page 3
The company also provides small to medium size roll-off containers (currently 10, 15 and 20
cubic yards) to residential and commercial customers.
The Outdoor Storage
The applicant would like to provide an outdoor storage area on the subject property for use
with their contracting business. The equipment that will be stored initially will be two hook
trucks, one skidsteer with trailer, one dumping trailer, twenty-two roll-off containers and a
small number of custom built mobile storage containers.
They will also offer outside storage to customers wanting to rent storage space for their
campers, RV's, trucks, boats, etc.
There is also an existing detached accessory structure located along the south property line
that will be utilized by the business.
Analysis
TI~ House/Interim Use
Staff feels that five years might be to long of a "waiting period" for the entire residence to be
converted to office space. Single-family residential dwelling units are not allowed in the I-2
district, unless they meet eight criteria. This residence does not meet those criteria. Staff
recommends that three years would be more appropriate for termination of the rental use of
the dwelling.
Outdoor Storage
The subject property is approximately 2.20-acres in size and is roughly 300-feet by 300-feet.
The storage area of Phase I will be approximately 300-feet by 120-feet at the west end of the
property. The surface of this will be prepared with Class-5. Access to the site will be off of
Jarvis Street at the southeast corner of the site on an existing driveway along the south
property line.
The applicant, within three years, plans to extend this outdoor storage area to approximately
the front of the existing garage as well as to construct a 3,500 square-foot pole building in
the northwest comer of the site.
Screening/Landscaping
The entire outdoor storage area will be fenced, with a six foot high wooden fence on the east
side with six-foot high chain link fencing on the remaining sides. Staff recommends that
opaque slats be placed in the chain link fencing to further help with the screening of the
storage area.
S:\PLANNING\Case Files\2003\CU 03-22 Contractor & Consultants\CU03-22 CC.DOC
City Council / CU 03-22
September 15, 2003
Page 4
The front (east end) of the property is well screened with existing mature trees, and with the
proposed six foot high wooden fence and the relocation of some trees, staff feels this would
provide enough screening along Jarvis Street.
The required amount of trees for the site is 32. The site has roughly 35 trees in various
locations. There is plenty of screening from the street at the northeast corner. Staff spoke
with the applicant about some additional trees being planted in the southeast corner. The
applicant suggested they should be able to move three to four of the existing trees that are
currently located within the proposed outdoor storage area to this part of the site.
Planning Commission Actions
The majority of the discussion was clarification and additional information regarding the
request. One commission member was concerned with the visual impact on the neighboring
community of Ramsey.
The applicant requested that two of the conditions be modified to accommodate possible
scenarios. The applicant stated that there may be instances when a roll-off container would
need to be stored on site with debris in it. They indicated that it would be covered with a
tarp and the roll-off container would be properly disposed of at the next available open
landfill day.
The Planning Commission unanimously recommended approval of the request with the
modified conditions.
Recommendation
Staff and the Planning Commission recommend the City Council approve the Interim Use
Permit for the Residence with the following condition:
AN INTERIM USE TIME PERIOD OF THREE YEARS SHALL BE
APPLIED TO THE RESIDENCE ENDING SEPTEMBER 15, 2006, OR
AT THE END OF THE CURRENT TENANT'S LEASE, WHICHEVER
IS SOONER.
Staff and the Planning Commission recommend the City Council approve the Conditional
Use Permit for Outdoor Storage with the following conditions:
1. ALL OUTDOOR STORAGE AREAS SHALL BE SURFACED WITH AN
APPROVED SURFACE.
2. ALL CHAIN LINK FENCING SHALL HAVE OPAQUE SLATS.
3. THE FENCE ALONG THE EAST PORTION OF THE OUTDOOR
STORAGE AREA SHALL BE A SOLID WOOD PRIVACY FENCE.
4. ROLL-OFF CONTAINERS SHALL NOT BE STACKED ON TOP OF
ONE ANOTHER.
5. MOBILE STORAGE CONTAINERS SHALL NOT BE STACKED
HIGHER THAN TWO.
S:x~PLANNING\Case Files\2003\CU 03-22 Contractor & Consultants\CU03-22 CC.DOC
City Council / CU 03-22
September 15, 2003
Page 5
6. ALL STORAGE OF EQUIPMENT, VEHICLES AND CONTAINERS
SHALL BE CONTAINED WITHIN THE FENCED AREA ON AN
APPROVED SURFACE.
7. DISPOSAL OF ALL MATERIAL, DEBRIS AND/OR MUNICIPAL
SOLID WASTE (MSW) SHALL BE AT AN APPROVED MINNESOTA
POLLUTION CONTROL AGENCY (MPCA) FACILITY.
8. THE SUBJECT PROPERTY SHALL NOT BE UTILIZED AS A
TRANSFER STATION FOR CONSTRUCTION MATERIAL, DEBRIS
AND/OR MSW.
9. ROLL-OFF CONTAINERS SHALL NOT BE STORED ON SITE WITH
CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW IN THEM
LONGER THAN THE NEXT AVAILABLE OPERATIONAL DAY OF A
LANDFILL.
10. ROLL-OFF CONTAINERS STORED ON SITE WITH
CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW SHALL BE
COVERED WITH A CANVAS TARP THAT IS PROPERLY SECURED
TO THE CONTAINER.
11. THERE SHALL BE NO STORAGE OF ANY DEMOLITION
CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW IN THE
OUTDOOR STORAGE AREA OR WITHIN ANY STRUCTURES ON
THE PROPERTY.
12. THERE SHALL BE NO BURNING OF ANY CONSTRUCTION
MATERIAL, DEBRIS AND/OR MSW.
13. CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW SHALL BE
PROPERLY DISPOSED OF AS REQUIRED BY LAW.
14. PROPER CIRCULATION SHALL BE MAINTAINED, AS
DETERMINED BY THE FIRE CHIEF, WITHIN THE OUTDOOR
STORAGE AREA.
15. ISSUANCE OF CONDITIONAL USE PERMIT SHALL BE
CONTINGENT ON THE APPLICANT OBTAINING A HAULER
LICENSE FROM BOTH SHERBURNE COUNTY AND CITY OF ELK
RIVER.
16. THE APPLICANT SHALL OBTAIN ALL APPLICABLE LICENSES
FROM SHERBURNE COUNTY.
17. THE APPLICANT SHALL MEET ALL MPCA REGULATIONS.
S:'~PLANNII'qG\Case Files\2003\CU 03-22 Contractor & Consultants\CU03-22 CC.DOC
Case Number:.
Location Map
N
CU 03-22 CONTRACTORS & CONSULTANTS, INC
Contractors & Consultants,
5041 - 143'd Lane, NW,
Rarnsey, MN 55303-5697
763 421-7437
MN License #20254848
Conditional Use Application
Description of Business Activities
Contractors Et Consultants, Inc. provides genera[ contracting services, focusing on residential
projects such as ins[aria[ion of windows, siding, roofing, etc. Contractors & Consuttants, Inc.
wit[ offer outside storage to customers wanting to rent storage space for their campers, RV's,
trucks, boats, etc.
Remove-Att, a dba of Contractors & Consultants, Inc., provides smart tO medium size rott-off
containers (currentty 10, 15, and 20 cubic yards) to residentia[ and commercial customers.
The company also offers demolition, "bobcat," and dean-up services.
Equipment
Contractors Et Consultants, Inc. wit[ store its equipment on the property when not in use. The
company currentty owns two hook trucks, one Geht Skid Steer with traiter, one dumping
trailer, twenty-two roll-off containers, and wit[ soon have a smart number of mobile storage
containers.
Phase I
During our initial phase, we wit[ be storing vehicles and equipment (both ours and those of
customers renting space from us) in the back section of the property. The surface wit[ be
prepared with 3-4 inches of class V Recycte to provide adequate stabitity for such use.
The majority of the principal structure wit[ be rented, initially as a residence (a section of the
back of the house witt be used by Contractors Et Consuttants, Inc. as office space). Eventual[y,
we wit[ convert the entire structure to office space - the majority of which wit[ be rented out
to customers.
Phase II (to commence in 1 to 3 years)
As business grows, we plan to construct a 50' X 70' pole building on the northwest corner of
the property. This building wit[ provide additional storage space as welt as additional garage
space for performing routine maintenance on the vehictes.
We atso intend to expand the size of available outdoor storage to include att area to the west
of a tine running north and south in tine with the front of the garage on the structure.
Contractors & Consultants, Inc. homeomners ma/ce informed dessions.
Landscape plan
Currently, there are 28 trees in the front section of the property (the eastern most 195 feet)
and 8 trees in the back section of the property. The total of 36 trees is over the number of
trees required by ordinance (perimeter of the property [1280.19 feet] divided by 40 is 32
trees). Two of the trees appear to be in poor condition and will be removed, but the rest of
them will probably stay.
Screening
A six foot wooden fence will be constructed in a straight line, running'parallel to Jarvis street
set back approximately 80 feet from the road, in Line with the front of the attached *garage.
A 20 foot gate will be located approximately 5 feet from the south end of the property. The
remaining three sides of the back section of the property will be enclosed with 6 foot chain
Link fencing.
Si~na~e
One main freestanding sign will be Located at the southeast corner of the Lot next to the road,
placed perpendicular to Jarvis Street, set back 10 feet from the road. The sign will not
exceed the 64 square foot maximum area or 20 foot height allowed by the city ordinance.
Future signs may include one additional freestanding sign to the north (at Least 150 feet from
the first), as the property frontage exceeds 300 feet - allowing for such an additional sign.
Future signs may also include a wall sign on the structure (not exceeding 128 square feet)
once it has been converted into office space.
Interim Residential Use
We are requesting a five year interim residential use for the principal structure, however, we
plan to convert it to office space in under five years.
322.18'
Proposed 6' Chain Link Fence
Future Garage &
Storaae Building
W ~
020
Z
<
Sign
I I Existing Drive to back section
Existing Garage
195 '
119.9'
1,1.1
n,
LAND DEVELOPMENT REGULATIONS § 30-1293
ho
tiv~
desirable from both the
owner's and the city's
have a 24-hour-a-day
or security person
on
the
The dwelling is de-
signed and will be exclu-
sively caretakers or ~er-
sonnel )onsible for the ~, '.urity of
the and the )al use
thereof.
The building will be
occupied no more two per-
sons, of Whom be under
18 years of
There will be unit
per lot or, )al use is
located on ; lots, per
principal use.
The proposed unit will not
exceed 800 sque feet in size and
will be located a building serv-
ing the of the property
which is no less 10,000 square
feet in size.
The principal property is
not of such a be
dangerous or to residents
of the unit.
all
other of Code and
Minnesota Code
for occupe unit by a
sin may, if
it finds to d so for the
of the health, and
welfare persons who occupy
the dwelling impose
reasonable req~
or on the con~ ion and
use dwelling unit.
The use allowin
'unit in an industrial
be unique to the
use the property and the
;uch a
~is
)al
of the property and the p
Any conditional use
fore automatically expire if the
cipal use of the property
the ownership of either the
or the principal use of the
processing centers.
distribution.
(3) Rec
(4)
(5)
(6) Water/sewl
(7) Auto repair
(8) . Grain and feed
(9) Sexually uses.
(10) Temporary
(11) Government and facilities.
(12) studios facilities.
(13) Truck )lement s~ 3.
(14) al kennels (indo,
(15) recreation
land
(e)
93~
itectural standards. No sion of
0-938 except subsection 30-931 per-
to building finish and 30-
pertaining to roofs applies to this di:
1982, § 900.12(14))
Sec. 30-1293. 1-2 district.
(a) Purpose. The I-2 district is intended to
accommodate more intense manufacturing and
processing than would be allowed in the I-1 dis-
trict. Proposed uses would include manufactur-
ing, production, warehousing with heavy truck
traffic and other uses which may generate nomi-
nal off-site impacts.
(b) Permitted uses. Permitted uses in the I-2
district are as follows:
(1) Offices.
(2) Wholesale businesses.
(3) Light manufacturing.
(4) Warehouses.
(5) Auto repair shops.
(6) Bottling and distribution.
CD30:135
§ 304293 ELK RIVER CODE
(7) Research and design facilities.
(8) Medical, dental and optical labs.
(9) All uses allowed as a permitted use in the
I-1 zone.
(c) Accessory uses. Accessory uses in the I-2
district are as follows:
(i)
(2)
Temporary signs as permitted in section
30-851 et seq.
Permanent signs.
a. One permanent area identification
sign per neighborhood, subdivision,
or development not to exceed 64
square feet in sign area. The area
identification sign shall be located
on the same premises as the devel-
opment it identifies.
One on-premises freestanding busi-
ness sign per premises, not to exceed
two square feet in sign area for each
linear foot of street frontage up to a
maximum of 64 square feet. Such
signs shall not exceed a height of 20
feet. Where a lot has in excess of 300
feet of street frontage, one additional
freestanding business sign will be
allowed. These signs shall be subject
to the size and height limitations of
the first allowed freestanding sign
and may be placed no closer than
150 feet to any other freestanding
sign on the same premises. All free-
standing signs shall have a mini-
mum setback of ten feet from any
public right-of-way measured to any
portion of the sign and a minimum
clearance of eight feet above any
vehicular use area and over any pe-
destrian use area.
One on-premises business wall sign
per occupancy, not to exceed two
square feet in sign area for each
linear foot of building frontage, up to
a maximum of 128 square feet per
occupancy.
Advertising signs, which shall only
be allowed subject to the following
requirements:
1. Off-premises signs are prohib-
ited within 100 feet of the in-
tersection of the highway right-
of-way and any other right-of-
way or driveway.
2. Advertising signs are prohib-
ited within 1,200 feet of an-
other advertising sign on the
same side of the right-of-way.
All advertising signs shall be
erected with a single pole or
monopole structural standard
and shall have underground wir-
ing.
The base of any advertising sign
must be landscaped with at least
grass and must be properly
maintained.
Advertising signs shall not ex-
ceed 400 square feet in area or
25 feet in height as measured
perpendicularly from the height
of the highest point of the sign
structure to the grade level di-
rectly below the sign. The exist-
ing grade may not be altered
for the purpose of increasing
sign height.
Advertising signs shall be con-
sidered a principal use of the
property. Existing advertising
signs must be removed when
the parcel upon which they are
situated is devoted to another
principal use.
The city shall perform a yearly
inspection of the advertising de-
vices to ensure compliance of
the advertising structure with
the provisions of this subdivi-
sion and other provisions of this
article. The fee for the inspec-
tion shall be set by the city
council by resolution.
CD30:136
LAND DEVELOPMENT REGULATIONS § 30-1293
8. Such advertising signs shall only
be allowed in industrial zoned
property adjacent to the right-
of-way for State Highway Num-
ber 10 and State Highway Num-
ber 169.
(d) Conditional uses. Conditional uses in the
I-2 district are as follows:
(1) Concrete/asphalt products and process-
ing.
(2) Foundry, casting, or forging metals.
(3) Manufacturing, heavy.
(4) Animal and poultry processing.
(5) Freight and rail yards.
(6) Truck terminals.
(7) Junkyards, auto wrecking and storage,
and salvage yards.
(8) Recycling processing centers.
(9) Grain and feed elevators and mills.
(10) Chemical storage/bulk storage of fuel, e.g.,
petroleum.
(11) Meat or fish packing.
(12) Water and sewage treatment.
(13) Outdoor storage area accessory to princi-
pal use.
(14) Bus, truck and implement storage, main-
tenance and repair.
(15) Sexually oriented land uses.
(16) Single-family residential dwelling units
accessory to principal uses, provided that:
a. The nature of the principal use of
the property makes it necessary or
highly desirable from both the prop-
erty owner's and the city's perspec-
tive to have a 24-hour-a-day care-
taker or security person reside on
the property.
b. The proposed dwelling unit is de-
signed for and will be used exclu-
sively by caretakers or security per-
sonnel responsible for the security of
the property and the principal use
thereof.
c. The proposed dwelling unit will be
occupied by no more than two per-
sons, neither of whom may be under
18 years of age.
d. There shall be only one dwelling unit
per lot or, if one principal use is
located on several adjoining lots, per
principal use.
e. The proposed dwelling unit will not
exceed 800 square feet in size and
will be located within a building servq
ing the principal use of the property
which is no less than 10,000 square
feet in size.
f. The principal use of the property is
not of such a nature that it would be
dangerous or hazardous to residents
of the proposed dwelling unit.
g. The proposed dwelling unit meets all
other requirements of this Code and
the Minnesota Uniform Building Code
for occupancy as a dwelling unit by a
single family. The city council may, if
it finds it necessary to do so for the
protection of the health, safety and
welfare of persons who may occupy
the proposed dwelling unit, impose
additional reasonable requirements
or conditions on the construction and
use of the dwelling unit.
h. The conditional use allowing such a
dwelling unit in an industrial zone is
deemed to be unique to the principal
use of the property and the owner-
ship of the property and the princi-
pal use. Any conditional use permits
granted under this section shall there-
fore automatically expire if the prin-
cipal use of the property changes or
the ownership of either the property
or the principal use of the property
changes.
(17) Temporary structures.
(18) Government buildings and facilities.
CD30:137
§ 30-1293 ELK RIVER CODE
(19) Ministorage.
(20) All uses allowed as a conditional use in
the I-1 zone.
(e) Architectural standards. No provisions of
section 30-938 except subsection 30-938(2) per-
taining to exterior building finish and subsection
30-938(3) pertaining to roofing standards applies
to this district.
(Code 1982, § 900.12(15))
(~
30-1294. BP business park ~.
Purpose.
The business park district is
ko encourage a planned, inte envi~
for certain ffice, and
uses which :ompatible
and complement each as well
as surrounding land The under-
use desi e dis-
trict vary and either light
in~ or highway Develop-
ment the ~s park district
will with land use desig-
nation, office uses are al-
lowed use designation is
light uses are
use designation is
highway
(2) It is the intent
opment reflect
patible
It is also
nesses
jobs per sc
inantly w
(b) Permitted
district are as
(1)
lying
a.
b.
foot
this section that devel-
themes using com-
design and consis-
and lighting.
to encourage busi-
a high number of
than predom-
res. Permitt
in the BP
uses allowed
use is light
the under-
are as
manufacturing.
Research and development
ries.
Government, business, and
sional offices.
i. Repa
auto
(2) Permitted
lying land us
follows:
a. Health
b. Personal
c. Financial
(c) Accessory uses.
district are as follows:
(1) Off-street
(2) Private recre~
(3) Public shelters
(4) Retail sales,
tions are met:
a. The
located
facility,
busines~
is not ce
b. The
gross
p~
order operations.
operati s.
County fair.
space not ex 50
of the entire
space.
and excluding
~air.
~ allowed the under-
is are as
sales
area,
uare fee'
whicheve
uses in the BP
or facilities.
facilities.
,~ssential services.
the following condi-
sales
and
use.
sign identifying or
sales occur
be visible from
shall not be
office
within a
~al use of which
sales.
shall not
[5 percent of the
a maximum of
)f the occupied
is less.
shall be re-
to the princi-
'that
the building
Freestanding retail shc and stores
shall be limited to those com-
plement other uses busi-
CD30:138
Contr~c!~rs O' Cortsulta#ts, Ine.
Contractors (: Consultants, Inc. H~i~g ~o~o~, ~ info,~ed de~,'io~'.
5041 - 143=i Lane, NW,
Rams.;~.y, MN 55303~5697
763 421-7437
M2'4License #20254848
I am in favor of the ci~ council approving the Conditional Use Permit for outside storage in conjunction
with the contracting business run by Contraaors e5~ Consultants, Inc. and Remove-MI.
Name ~ Address ./,3 Phone_.