6.7. SR 07-17-2000-~ity of
River MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Item # 6.7.
The Mayor and City Council
Stephen Wensman, Planner
July 17, 2000
Request for a Conditional Use Permit for Semi-
Tractor Parking, Public Hearing Case No. CU 00-18
Request
Fred A. Rainbolt is requesting a conditional use permit to park his semi-
tractor at his residence in the Rla zoning district.
Location
19619 Tyler Street NW, The north 330 feet of the west 437.5 feet of the
northwest ¼ of the northeast quarter, except the west 181.5 feet of the north
165 feet, Section 26, Township 33, Range 26.
Zoning/Land Use
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
· Location Map
· Certificate of Survey
· Detail of front yard
· City Ordinance 500.06
Overview
The applicant is requesting a conditional use permit to park his semi-tractor
on his property in the Rla zoning district. The 2.61-acre parcel is located
south of the Oak Meadows subdivision and across Tyler Street from the Oak
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the City Council] CU 00-18
July 17, 2000
Page 2
Hills First Addition subdivision. The property is mostly low land with the
house and driveway on the high ground at the northwest corner of the
property.
A conditional use permit is required because in November 1998, the City
Council approved an ordinance amendment requiring a conditional use
permit to park semi-tractor and trailers on property with less than 5 acres in
the Rla zoning district.
A video of the site has been prepared by City staff to assist with the review of
the site by the Council.
Complaint Histo~,
The conditional use permit is being applied for partially in response to a
neighbor's complaint. The complaint was primarily regarding the close
proximity of the parking to the neighbor's bedroom windows, noise, diesel
fumes and hours of operation.
Tractor Parhing
The tractor without a trailer is presently being parked on the north property
line about 25 feet from the neighbor's house. This is the only location on the
property suitable for parking because the remaining property is at an
elevation below Tyler Street. The parking is screened from the neighbor's
house and property by a large pine and a 2-3 foot high wall with a 6-foot fence
above it. The parking surface area consists of crushed concrete and asphalt
and river rock.
Analysis
There are no other suitable locations for parking of the semi-tractor on the
property. The existing screening appears adequate to minimize the visual
presence of the tractor parking. To minimize the effects of the parking on the
neighboring properties, staff presented to the Commission the following
options:
Limiting hours of operation to regular business hours
· Limit idling periods
· Have the applicant provide more screening on or off-site
· Deny this conditional use permit request and eliminate the use
altogether.
\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\cu00-18.doc
Memo to the City Council/CU 00-18
July 17, 2000
Page 3
Planninz Commission
At the public hearing on June 27, 2000, both the applicant and the closest
neighbor presented their opinions on this matter. The applicant was willing
to provide greater screening on the adjoining property, however he could not
accept limited operating hours due to the nature of the trucking business.
From the discussion, the Commission determined that despite personal
animosities, and because of the site constraints and hours of operation, the
parking of the semi-tractor on the property did negatively impact the
adjoining property. The Commission recommended denial of the request for
semi-tractor parking.
Recommendation
The Planning Commission recommends that the City Council recommend
denial of the request for a conditional use permit to park a semi-tractor
because of the site constraints and the negative impact on adjoining
properties.
\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\cuO0-18.doc
LOCATION
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LOCATION
CU 00-18
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I.~(etj o[ ~eenI Hle No.
DESCRIPTION
The north 330 ieet o£ the vest 437.5
feet of the Rorthvest Quarter of Lhe
Hortheast Quarter of Section 26,
TOvnship 33, Range 26, Sherbugne
County, Minnesota, except that part
described as follows: Beginning at
the northwest corner of said
l/orth~est Quarter of the ~ortheast
Quarter; thence East, along the north
line of said ~orthvest Ouarter of the
Northeast Quarter, a distance of
~81.5 feet~ thence South.at right
angle$'165 ieet; thence Hest at right
angles 181.5 teet; thence ~orth to
the point of beginning.
I hereby certify that this survey,
plan or report vas prepared by~eor
under my direct supervision and that
I a~ a duly Registered Land Surveyor
under the laws of the State of
Hinnesota.
Hor~z. I'sSO'
Fert. ~
Reg. No. Date
Hakansoa Anderson Associates, Inc.
222Mo~.n~t..V~reet · Anokt. MinnetottJJ$O$ · 612/427~8~
, ~,~ ~, l ~ bv ~ [ ~e~d bv
500.06 - PUBLIC ~-UIS~CES AFFECTING PEACE AND SAFETY
The following shall be declared to be nuisances affecting public
peace and safety:
1. Ail trees, hedges, billboards, or other obstructions which
prevent persons from having a clear view of all traffic
approaching an intersection.
2. The piling, storing or keeping of old machinery, junk or
debris or abandoned motor vehicles as defined by M.S. 168B within
the city.
3. The placing or throwing on any street, alley, road, highway,
sidewalk or other public property of any glass, tacks, nails,
bottles or other substances which may injure any person or animal
or damage any pneumatic tire when passing over the same.
4. The depositing of garbage, trash, rubbish, bottles, cans and
other refuse on a public right-of-way or on private property.
5. The outside storage of pipe, lumber, forms, machinery or
other occupational materials upon property in a residential
district and covering more than one percent (1%) of the total lot
area of suc
6. The parking of a truck tractor and/or trailer, or other
commercial type vehicle, excluding pickup trucks or vans, in
excess of seven (7,000) thousand pounds gross weight, on:
a. Public property within an area zoned residential;
b. Residential lots in all zoning districts, except the
R-lA and A-1 Districts; and
c. Platted parcels and lots five (5) acres in size or
less in the R-lA and A-1 Districts, unless a conditional use
permit for a home occupation has been granted.
7. The idling of a truck tractor in excess of fifteen (15)
minutes from April 16th through October 31st; and thirty (30)
minutes from November 1st thr ......
8. Sidewalks that are not kept free of snow and ice during
normal business hours in commercial and industrial zoned
districts and within 24 hours after a snowfall within residential
zoned districts.
In the enforcement and interpretation of this section, the City
shall take into account the fact that there is significant
diversity of uses in the City, particularly the fact that
substantial portions of the City are agricultural lands. Some of
the listed nuisances shall not be deemed to be nuisances when