5.6. SR 10-18-2004
Item # 5.6
MEMORANDUM
FROM:
Mayor and City Council
Scott Harlicker, Senior Planne~
TO:
DATE:
October 18, 2004
SUBJECT:
Case No. CU 04-24
Request by Dean Bitner for Conditional Use Permit
Reauest
Consider a request by Dean Bitner for a conditional use pennit to operate a contractor
business as a home occupation.
Location
10337 Twin Lakes Road
60 Dav Rule
In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be
taken on this request by October 30, 2004
Zonina/Land Use
Ria (Single Family Residential) / LR (Low Density Residential)
Attachments
. Location Map
. Site Plan
. Letter from applicant
Memo to Mayor and City Council/CD 04-24
October 18, 2004
Page 2
Overview
The applicant is requesting a conditional use permit to operate a contracting business as a
home occupation. A conditional use permit is required because outdoor storage is involved
and he will be utilizing a truck that is larger than 26,000 pounds.
The property is 6 % acres in size and is located at the end of a private driveway that serves
two other residences. The land surrounding the applicant's property is undeveloped
farmland, woods and swamp. There is a house and a 30' x 50' pole building on the property.
The nearest residence is about 400 feet away from the existing storage building.
Analysis
The outdoor storage includes the dump truck and materials. The material stored outside is
gravel used in his septic system installation business. In order to mitigate the visual impact of
the outdoor storage on the adjacent residences, the applicant should consider expanding the
existing indoor storage or placing the outdoor storage area behind the exiting building and
providing screening.
The residences most affected by this request are the two that share the driveway. By locating
the outdoor storage behind the exiting buildings and planting evergreens, the outdoor
storage could be effectively screened from adjacent homes.
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. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the
immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the
neighborhood or the city.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant
property.
4. Will be served adequately by and will not adversely affect essential public facilities and services
including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks
and schools; and will not, in particular, create traffec congestion or interference with traffic on
adjacent and neighboring public thoroughfares.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will
be detrimental to any persons or property because of excessive traffec, noise, smoke, fumes, glare,
odors, dust or vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
7. Will fully comply with all other requirements of this Code, including any apphcable requirements
and standards for the issuance of a license or permit to establish and operate the proposed use in the
city.
S:\PLANNING\Case Files\2004\CU 04-24 Bitner\CU04-24CC10-18.doc
Memo to Mayor and City Council/CD 04-24
October 18, 2004
Page 3
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.
Plannina Commission Meetina
At the Planning Commission meeting held on September 28'" , one neighbor spoke at the
public hearing. She and the applicant share the driveway. She was concerned about outdoor
storage and the impact on the driveway. The applicant indicated that any outdoor storage
would be located behind the existing storage building and screened with either evergreens or
a fence. He also felt that impact on the driveway on the driveway would be minimal because
the dump truck is seldom used. Most of his trips are with a % ton pick-up truck.
The Commission discussed deliveries to the site, number of employees and vehicles. In
order keep the business from outgrowing the site. The Commission added a condition that
any increase in the number of oversized vehicles or equipment used in the business would
require an amendment to this conditional use permit. The Commission voted 4:1 to
recommend approval of this conditional use permit.
Recommendation
The Planning Commission and staff recommend that the City Council approve the
conditional use permit to allow the applicant to operate a contractor business with the
following conditions:
1. THE OUTDOOR STORAGE BE LOCATED BEHIND THE EXISTING
STORAGE BUILDING AND 6 EVERGREEN TREES WITH A MINIMUM
HEIGHT OF 6-8 FEET BE PLANTED FOR SCREENING.
2. THE APPLICANT SHALL PROVIDE A LIST OF OVERSIZDE VEHICLES/
HEAVY EQUIPMENT CURRENTLY USED FOR THE OPERATION OF HIS
BUSINESS, AND THAT AN INCREASE IN THIS NUMBER WILL REQUIRE A
REVIEW THE CONDITIONAL USE PERMIT.
S,\pLANNING\Case Files\2004\CU 04-24 Bitne<\CU04-24CCI0-18.do<
TRAILS LEGEND
EXISllNG SIDEWALK _ . . . . . . _
FUTURE SIDEWALK DDDDDDDDDDDDDDDDDD
EXISllNG PAVED TRAIL - - - - -
FUTURE PAVED TRAIL ')U(Juuoc'u'_'r..U(jC'~(,
FUTURE TRAIL ................
FUTURE ~DENED SHOULDER
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SITE
TWIN LAKES ROAD
Location Map
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Case Number: CU 04-24
DEAN BITNER
~8/3~/2~~4 12:24
7535532~95
MPLS CUST SVC
PAGE ~1/~1
August 30, 2004
City of Elk River
Planning Depar1ment - land Use Application
13065 Orono Par1<way
Elk River, MN 55330
RE: CONDITIONAL USE PERMIT
D & M ENTERPRISES
10337 TWIN LAKES RD
ELK RIVER, MN 51)330
To whom It May Con<:ern:
Please grant a Conditional Use Permit for the above business at the above address.
The business entails operation of a septic & mound installation, snowplowing & removal
business with equipment appropri-.te to both located at the above site. A straight dump
truck with a GWoJ of 51,000 rbs. is also stored 8t this location for use in hauling
equipment from this location ID job sites.
The location consists of 6 % acres including aparsanal dwelling as well as a 30 x 50'
pole bam for housing equipment. Equipment is also located behind the pole barn, out
of view of the neighboring homes. No other dwellings are located behind the property.
land use behind the property consists of woodland and farmland.
The Conditional Use PelTl1it would allow 8 continuation of storage for product and
equipment necessary to continue the operation of my business.
Attached please find the land Use Application as well as site drawings and 11" lOeCtion
map for the above-mentioned location as well as an aerial photo of the surrounding area
along with the names and addresses of adjoining land owners (of which there are six)
within 350 feet of the property lines involved_ .
I undel'&tand that this request wal go in front of the Planning Commission on September
28th and City Council on October 18111. Should the City require further infonnation prior
to these meeting please notify me 50 that I can provide any additional infolTl1ation
required.
Sincerely,
Dean Bittner
D & M Enterprises
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10/13/2004 09:16 FAX 7635532095
MPLS CUSTOMER SERVICE
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Elk RilweT, _ 557_
"'.e: (763) JAf-r-9 -Cell: (763) .~& 3f...
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11 C !Igj C4 ~jw~UJ-
RE: CONDITIONAL USE PERMIT
DEAN BITNER... dba D & M ENTERPRISES
103371WIN LAKES ROAD
ELK RIVER, MN55330
EXHIBIT A
LIST OF BUSINESS EQUIPMENT I SUPPLIES LOCATED ON ABOVE ~ROPERTY
. 2. - +rc, i \.. r.J
. 2 - Track Hoes
. 2 - Back Hoes
. 2 - Bobcats I skid loaders
. 1 - % ton pickup used for business & personal use
. 1 - % ton dump truck
. 1 - triaxle dump truck
. 1 - semi trailer used for storage ~
. Miscellaneous attachments for skid loaders - used for business & p rsonal use
. 1 - Forklift
· 1 - Dozer
. Miscellaneous pipe & fittings
Site barrier of pine trees will be planted next spring for visual aesthetics in bscuring
view of business equipment/supplies from neighbors.
Dean Bitner
Owner I Operator