7.2. SR 12-19-2016Request for Action
To
Item Number
Mayor and City Council
7.2
Agenda Section
Meeting Date
Prepared by
Public Hearings
December 19, 2016
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
David Stiegler — 821 Upland Avenue NW
Zack Carlton, Planning Manager
■ Conditional Use Permit for Home
Occupation (woodworking)
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Conditional Use Permit (CUP) with the following conditions:
1. The building official and fire marshal shall inspect the building for compliance with all state and
local building codes.
2. The authorized CUP shall not be recorded until the aforementioned conditions are completed.
3. The authorized use shall not begin until the CUP is recorded.
4. If the proposed work described in the application and CUP is not substantially completed within
two years after the CUP's date of issuance, the permit shall expire and become void.
5. If the authorized use ceases for more than six months, the CUP 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
Case No. CU 16-31
The property is zoned Single Family Residential (R1 -C) where home occupations carried out in detached
accessory structures require a CUP. Across the street from the subject property is a larger parcel
(formerly Cretex) zoned Medium Industrial (I-2). 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
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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.
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 is proposed to be mounted on the detached accessory structure exterior. 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 in
use. With a fully insulated facility and with the proposed conditions, noise should not be a problem.
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. Leftover finish is disposed of at hazardous waste drop-off sites.
The city requires CUP's for this type of use in residential districts to provide nearby property owners the
opportunity to express any concerns. It also allows the Planning Commission and City Council to impose
conditions to help alleviate any 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 two dwelling units per acre to a
denser pattern of smaller lots or attached housing at a density of up to eight 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
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:
9. 1Vill not endanger, injure or detrimentally affect the use and enjoyment of otherpropery in the immediate vicinity or
thepublic health, safety, morals, comfort, convenience orgeneral zvelfare 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. 1Vill be consistent Pith the comprehensive plan.
The use, single family residential with a conditional home occupation, is consistent with the
comprehensive plan.
3. 1Vill not impede the normal and orderly development and improvement of surrounding vacantproperty.
The surrounding area is fully developed; the use will not impede the normal and orderly development
and improvement of surrounding vacant property.
4. 1Vill be served adequately by and Pill not adversely affect essential public facilities and services including streets, police
and fire protection, drainage, refuse disposal, zvater and sen)er systems, parks and schools; and Pill not, in particular,
create traf c congestion or interference Pith traf c 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. 1Vill not involve uses, activities, processes, materials, equ pment and conditions of operation that Pill be detrimental
to any persons orproperty 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. 1Vill 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. LVill fully comply Pith all other requirements of this Code, including any applicable requirements and standards for
the issuance of a license orpermit to establish and operate the proposed use in the city.
Use will fully comply with all requirements of the code including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use.
If denial 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.
Planning Commission Meeting Summary
No one spoke for or against the request and staff has not received any comments since the Planning
Commission meeting.
The Planning Commission had no comments or concerns and the applicant has no issues with the
recommended conditions.
The Planning Commission unanimously recommended approval of the request.
Financial Impact
None
Statutory Review Period
Per State Statute 15.99 the required 60 day review period ends on December 23, 2016.
Attachments
■ Location Map
■ Applicants Narrative
■ Area Zoning
■ Floor Plan
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66,
David Stlr
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Couditiotmil Use Permit
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26
Case No: CU 16-31 River
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 6:00pm 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 Applicable„ 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 fiat on the outside wall of the building).
16. Wetland Delineation: not a wetland.
17. Wetland Mitigation: not a wetland.
18. EAW/EIS Requirements: not required.
19. All other information as determined by City Staff: not aware of any other requirements at this time.
AREA ZONING
Case# CU 16-31
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LA�j E S
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8th ITT
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Agricultural Conservation
FA 7R
Agricultural Research
EHI
Single Family Residential
FR71b
Single Family Residential
FR71c
Single Family Residential
FR71d
Single Family Residential
FR 72a
Two Family Residential
FR 72b
Two Family Residential
13
Townhouse/Multiple Family Res.
EE]
Multiple Family Residential
SITE
OAR
KNC�
PAR
Urban Service Area
PUD
Planned Unit Developement
11
Light Industrial
FB -P -j
Business Park
12
Medium Industrial
DU I
Downtown District
13
General Industrial
EE]
Mixed Use - Elk River Plaza
FAST (subzones A-1)
CRT
Commercial Reserve Transition
Extreme Commercial Recreation
FC17
Central Commercial
Solid Waste Facility
Office District
Antenna Overlay District (Tower)
Highway Commercial
Open Space Preservation (cluster)
FC -4 I
Community Commercial
ME
Mineral Excavation Overlay District
Urban Service Area
Detached Garage (24 by 24 feet)
Fire
E.Nnguwsher (Back)
Access door
J Work s
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eiVPS Scroll o sc/acic F e
Saw Sander P`` g
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Planer
Drum
Sander
Jointer
Router
Table
Drill
Press "" Dust Collector
Compressor
Overhead garage door
Scale (approximate) (Front)
1/3 inch = 1 foot
Table Saw
Extension
Table
Table
Saw
Band
Saw
Overhead garage door
Conditional Use Permit
David Stiegler
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David Stiegler
Conditiomql Use Perrm't
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Case No: CU 16-31
Background
0 R1 -c
0 Home Occupation in detached accessory structure
0 CUP
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Background
0 Woodworking in 24 x 24 garage
O 7:00 a.m. — 6:00 p.m.
O No employees
D 6 years as hobby
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Main Concerns
0 Traffic
0 Noise
0 Odor
0 Covered with proposed:
() Conditions
0 Uses
0 Building construction
CUP Requirements
4!.4- Staff's and PC analysis shows compliance with all 7 of
the conditions required for approval of the CUP
Planning Commission
0 No one spoke at PH
0 PC no comments or concerns
0 Applicant ok with conditions
0 Unanimously recommend approval
Action Requested
Approve,, by motion the CUP with conditions outlined
in the memo
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Traffic
0 2-3/month or 24-36/year
0 Driveway adequate
Noise
0 Building and garage doors fully insulated
O Mostly lathe work
O Some sawing, planer, drilling
0 Keep doors and windows closed
Odor
0 No spray booth
0 Hand applied Tung oil or wax
0 Disposal -hazardous waste drop-off sites