5.2 PCSR 11-22-2016City
Elk,
Rivei
Request for Action
To
Item Number
Planning Commission
5.2
Agenda Section
Meeting Date
Prepared by
Public Hearings
November 22, 2016
Chris Leeseber , Senior Planner
Item Description
Reviewed by
David Stiegler — 821 Upland Avenue NW
Zack Carlton, Planning Manager
■ Conditional Use Permit for Home Occupation
Reviewed by
(Woodworking), Case No. CU 16 -31
Action Requested
Recommend, by motion, approval of the Conditional Use Permit with the following conditions:
1. The city's Building Official and Fire Marshal shall inspect the building for compliance with all
state and local building codes.
2. The authorized Conditional Use Permit shall not be recorded until the aforementioned conditions
have been completed.
3. The authorized use shall not begin until the Conditional Use Permit is recorded.
4. If the proposed work described in the application and Conditional Use Permit has not been
substantially completed within two years after the Conditional Use Permits date of issuance, the
permit shall expire and become void.
5. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire.
6. The hours of operation shall be limited to 7:00 a.m. to 6:00 p.m.
7. During business hours, all doors and windows shall be kept closed when building, assembling, or
finishing activities occur.
8. No machinery shall be in operation while any doors or windows are open.
9. The level of noise from the building shall not exceed city ordinance levels.
10. There shall be no building, assembling, or finishing of products or material outside of the
detached accessory structure.
11. All customer vehicles must be parked on site on an approved surface.
12. Paint and other finishes shall be disposed of in accordance with city and state regulations.
13. The building shall be subject to annual inspections of the Fire Marshall.
14. The applicant must apply for and receive approval for all required permits before any
construction may begin.
Background /Discussion
The property is zoned Single Family Residential (Rl-C) where home occupations carried out in detached
accessory structures require a Conditional Use Permit (CUP). Across the street from the subject property
is a larger parcel (formerly Cretex) zoned Medium Industrial (I2). The remainder of the surrounding
areas are zoned residential and are fully developed.
The applicant would like to operate a woodworking business out of his 24' x 24' foot detached accessory
structure. The entire detached accessory structure will be utilized for the proposed business and will
house numerous woodworking machines and tools. Products created onsite will be sold via Internet sales
or offsite at craft sales and consignment shops. There will be minimal onsite sales.
PBNEBEB er
NATUR�
Other than the applicant, there will be no employees. The hours of operation for the proposed business
will be 7:00 a.m. and 6:00 p.m. and there will not be customers outside of those hours.
A small sign mounted to the exterior of the detached accessory structure is proposed. Signage shall not
exceed four square feet in area and shall be mounted flat on the outside wall of the detached accessory
structure.
The applicant has been doing woodworking activities in the detached accessory structure for the past six
years as a hobby and the city has not received any complaints regarding its use.
The three main issues that neighbors may have with this proposal are traffic, noise, and odor.
Traffic
The applicant has indicated that 2 -3 customers per month will pick up items on site. With only 24 -36
vehicles per year coming to the subject property, there should be no adverse effects due to traffic. A
parking demand should not be in excess of that which can be accommodated by the existing driveway.
Noise
The applicant has indicated that the building and garage doors are fully insulated. The majority of his
work will consist of lathe work but there will be other operations that will take place, such as, but not
limited to, sawing, planing, sanding, and drilling. The attached floor plan shows all of the equipment
being used. With a fully insulated facility and with the proposed conditions, noise should not be a
problem. Again, the applicant has been doing woodworking activities in the detached accessory structure
for the past six years as a hobby and the city has not received any complaints regarding its use.
Odor
The applicant does not have a spray booth and finishes a majority of his projects with Tung oil or wax,
which are hand applied. Left over finish is disposed of at hazardous waste drop -off sites.
The reason the city requires CUP's for this type of use in residential districts is to provide nearby property
owners the opportunity to express any concerns they may have. It also allows the Planning Commission
and City Council to impose conditions to help alleviate any of those concerns. With the proposed
conditions outlined above, the uses, activities, materials, and equipment should not detrimentally affect
the use and enjoyment of other property in the immediate vicinity because of excessive traffic, noise,
odors, dust, or vibrations.
Analysis
Comprehensive Plan
The Urban Residential area includes land guided for residential use in areas that will be served by the
municipal sanitary sewer system. This Urban Residential land use will be guided by the density of
development and not the type of housing. Densities of this development pattern would range from a low
density pattern consisting mostly of single family detached homes at 2 dwelling units per acre to a denser
pattern of smaller lots or attached housing at a density of up to 8 dwelling units per acre.
Urban Residential land uses include single family detached housing, duplexes, townhomes and multiple
family dwellings. Housing units may be owner or renter occupied within this land use designation. Urban
NADepartments \Community Development\ Planning\ Case Files \CUP \CU 16 -31 Stiegler \4- Planning Commission \CU 16-31 sr PC 11- 22- 16.doc1
residential should provide connections between neighborhoods, including trails and streets, while also
supporting screening and buffering from more intense traffic corridors and uses.
The use is consistent with the comprehensive plan.
Applicable Regulation
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Dill 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 orgeneral welfare of the neighborhood or the city.
With the conditions listed to mitigate traffic, noise, and odor, the use 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. lYlill be consistent with the comprehensive plan.
The use, single family residential with a conditional home occupation, is consistent with the
comprehensive plan.
3. lYlill not impede the normal and orderly development and improvement of surrounding vacant property.
The surrounding area is fully developed; the use will not impede the normal and orderly
development and improvement of surrounding vacant property.
4. Dill 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 ystems, parks and schools; and
will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public
thoroughfares.
The use 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 traffic congestion or interference
with traffic on adjacent and neighboring public thoroughfares.
5. Dill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
With the conditions listed to mitigate traffic, noise, and odor, excessive traffic, noise, smoke,
fumes, glare, odors, dust or vibrations should be controlled.
6. lYlill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
No additional building structures or site modifications are proposed. The use will not result in
the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. lY/ill fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
The use will fully comply with all other requirements of this Code, including any applicable
requirements and standards for the issuance of a license or permit to establish and operate the
proposed use in the city.
NADcpartments \Community I-)e-%-elopment \Planning \Case Files \CUP \CU 16-31 Stiegler \4- Planning Corrunission\CU 16-31 sr PC 11- 22- 16.docs
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.
Financial Impact
None
Statutory Review Period
Per State Statute 15.99 the required 60 day review period ends on December 23, 2016.
Council Meeting
If acted on, this item will go to the December 29, 2016, City Council meeting.
Attachments
• Location Map
• Applicants Narrative
• Area Zoning
• Floor Plan
N: \Departments\ C ommunity, Development\ Development \Planning \Case Files \CUP \CU 16 -31 Stiegler \4- Planning Commission \CU 16 -31 sr PC 11- 22- 16.doc1
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Conditional Use Permit Narrative
David Stiegler, 821 Upland Ave Nw, Elk River,, MN 55330
I would like to operate a woodworking business out of my detached garage. The business will be carried
on entirely within my 24 by 24 foot detached garage. No vehicles will be parked in the garage as the
entire space will be used for the business. My two vehicles will be parked in my driveway. There will be
no exterior evidence of the home occupation. There are no internal or external construction features
not customarily found in garages. There will be no outdoor storage. There will be no employees. Any
teaching situations will not exceed two (2) pupils at one time. I will have a sign that will not exceed two
(2) square feet in area and will be mounted flat on the outside wall of my garage. The business will not
be serviced by delivery'vehicles larger than 26,000 pounds gross vehicle weight. The business will
operate between 7:00am and 6:00prn and there will not be customers outside of those hours. The
business will not create a parking demand in excess of that which can be accommodated in my existing
driveway. Customers will be limited to one at a time in my driveway and this will only be occasionally
(about 2-3 times a month at most). Products will be made onsite and sold via internet sales, or offsite,
such as craft sales and consignment shops. Occasionally a customer may pick up a purchased item from
the premises (2-3 times a month at most). The business will not involve the repair of internal
combustion engines, but will involve the use of equipment which is no normally found in a home
(woodworking tools and equipment). There is no homeowner's association present for my property. A
landscape plan, utility plan, tree preservation plan, grading/drainage plan, and drainage calculations are
not required as there will be no changes made to the property due to the proposed business.
Conditional Use Permit Agplicable Requirements
1. Land Use Application Form (attached)
2. Application fee (submitted)
3. Labels for property owners within 350 feet of the subject parcel (attached)
4. All submitted hard copy graphics provided on CD/flash drive (submitted)
5. One typewritten narrative (above)
6. Written identification of issues from Building Department: Not required as there are no issues.
7. Site Plan: contained in narrative above. "The business will be carried on entirely within my 24 by 24
foot detached garage. No vehicles will be parked in the garage as the entire space will be used for
the business. My two vehicles will be parked in my driveway. There will be no exterior evidence of
the home occupation."
8. Landscape plan: not required., noted in narrative.
9. Utility plan: not required., noted in narrative.
10. Tree preservation plan: not required, noted in narrative.
11. Grading/Drainage plan: not required, noted in narrative.
12. Drainage calculations: not required, noted in narrative.
13. Building elevations: not required, noted in narrative.
14. Floor plans (attached)
15. Wall and Freestanding Sign Plans: only plans for signage is a sign on the garage that meets the
requirements of the Permitted Home Occupation (Any sign shall not exceed two square feet in area
and shall be mounted flat on the outside wall of the building).
16. Wetland Delineation: not a wetland.
17. Wetland Mitigation: not a wetland.
18. EAW/ElS, Requirements: not required.
19. All other information as determined by City Staff: not aware of any other requirements at this time.
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AREA ZONING
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Case # CU 16-31
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Agricultural Conservation
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Agricultural Research
FR-1a]
Single Family Residential
FR-1b]
Single Family Residential
FR-1c]
Single Family Residential
FR-1dj
Single Family Residential
FR-2 a]
Two Family Residential
FR —2b]
Two Family Residential
Office District
Townhouse/Multiple Family Res.
Highway Commercial
Multiple Family Residential
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Urban Service Area
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SITE
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Light Industrial
Medium Industrial
General Industrial
FAST (subzones A-1)
Extreme Commercial Recreation
Solid Waste Facility
Antenna Overlay District (Tower)
Open Space Preservation (cluster)
ME Mineral Excavation Overlay District
Wild and Scenic River District
FPU-D-1
Planned Unit Developement
F-BP I
Business Park
FD-D]
Downtown District
M
Mixed Use - Elk River Plaza
CRT
Commercial Reserve Transition
Central Commercial
Office District
Highway Commercial
Community Commercial
Urban Service Area
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SITE
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KNO
PAR
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SU91) IVI S)
01 1,0T
Light Industrial
Medium Industrial
General Industrial
FAST (subzones A-1)
Extreme Commercial Recreation
Solid Waste Facility
Antenna Overlay District (Tower)
Open Space Preservation (cluster)
ME Mineral Excavation Overlay District
Wild and Scenic River District
Detached Garage (24 by 24 feet)
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Access door
Workbench
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Saw Sander
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Planer
Drum
Sander
Jointer
Router
Table
Band
Saw
Drill Lathe
Press A" Dust Collector
Compressor
Overhead garage door Overhead garage door
Scale (approximate) (Front)
1/3 inch = 1 foot
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