5.1 PCSR 01-24-2017E lls
River`
Request for Action
To
Item Number
Planning Commission
5.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
January 24, 2017
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Northern Tiny Builder, Inc. (75- 013 -1412)
Zack Carlton, Planning Manager
■ Conditional Use Permit to allow outdoor
storage of vehicles, tiny homes; bus and trailer
Reviewed by
maintenance and repair; and a residential use,
Case No. CU 16 -35
Action Requested
Recommend, by motion, denial of the Conditional Use Permit for the following reason:
1. All seven conditions for issuance of a Conditional Use Permit have not been met.
Background /Discussion
This item was brought before the Planning Commission on December 27, 2016, with direction to open
the public hearing, take comments, and continue the public hearing until January 24, 2017.
It was also brought before the City Council on January 17, 2017, with direction to open the public
hearing, take comments, and continue the public hearing until February 21, 2017.
Staff had been working with the applicant to obtain more detailed information about the proposal. The
information requested included detailed plans showing driveway location and materials, concrete curb and
gutter locations, topography and drainage information, septic and well locations, and setbacks/
dimensions. Staff was also seeking clarification regarding whether or not someone will be living on the
site and if so, how all eight of the requirements in Sec. 30 -1295 (d) (16) will be met.
Timeline
On December 12, 2016, the applicant was mailed the Conditional Use Permit Site Plan Review Letter
(Letter) and the Letter was also attached in an email sent on the same day.
On December 20, 2016, staff emailed the applicant informing him the city had not received any of the
requested information in the Letter and because of that, we would be postponing his application for a
month.
On January 6, 2017, staff emailed the applicant indicating the city required the information in order to
complete the review, as indicated in the Letter, no later than January 17, 2017. The Letter was again
attached.
On January 10, 2017, the applicant was mailed a 60 Day Extension Letter and it was also attached in an
email sent on the same day.
4A UR
On January 10, 2017, staff emailed the applicant reminding him his CUP was scheduled for the January
24, 2017, Planning Commission meeting. He was again told the city will need all of the information as
outlined in the Letter by noon on January 17, 2017. He was informed that if the city did not have all of
the information by that date and time; a recommendation of denial would be brought forward to the
Planning Commission.
On January 12, 2017, the applicant emailed an updated narrative in response to the Letter. No other
requested exhibits had been included. He state he was waiting for his consultant to send him the site
plans.
On January 18, 2017, staff emailed the applicant stating that because the city had not received all of the
requested information as outlined in the Letter and emails sent on December 20, 2016; January 6, 2017;
and January 10, 2017, he had two options:
1. He could withdraw his application and the city will refund the portion of the escrow not used, or
2. The city takes the request to the Planning Commission and City Council with recommendations
of denial and the city would refund the portion of the escrow not used.
As of January 19, 2017, staff had not received a response to the two options.
Applicable Regulation
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. mill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city.
Due to the lack of needed and requested information, staff is unable to confirm if the proposal
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. mill be consistent with the comprehensive plan.
The use will be consistent with the comprehensive plan.
3. mill not impede the normal and orderly development and improvement of surrounding vacant propery.
Due to the lack of needed and requested information, staff is unable to confirm if the proposal
will impede the normal and orderly development and improvement of surrounding vacant
property.
4. bill be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fare protection, drainage, refuse disposal, water and sewer systems, parks and schools; and
will not, in particular, create trac congestion or interference with traffic on adjacent and neighboring public
thoroughfares.
Due to the lack of needed and requested information, staff is unable to confirm if the proposal
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.
N: \Departments \Community Development \Planning \Case Files \CUP \CU 16 -35 Northern Tiny Builder \4 Planning Commission \1- 24 -17 \CU 16-
35 sr PC 1- 24- 17.docx
5. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons orproperty because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
Due to the lack of needed and requested information, staff is unable to confirm if the proposal
will 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.
6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
Due to the lack of needed and requested information, staff is unable to confirm if the proposal
will result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
7. mill fully covy witb 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.
Due to the lack of needed and requested information, staff is unable to confirm if the proposal
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.
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 January 28, 2017. The review period has
been extended to March 29, 2017, in order to provide the time needed for review of the updated
information.
Council Meeting
This item will go to the February 21, 2017, City Council meeting.
Attachments
■ 12 -12 -16 Email to Jay Hagelberg — Original Email with Letter
■ 12 -20 -16 Email to Jay Hagelberg - Postponed
■ 1 -6 -17 Email to Jay Hagelberg — Letter Attached Again
■ 1 -10 -17 Email to Jay Hagelberg - 60 Day Extension
■ 1 -10 -17 Email to Jay Hagelberg
■ 1 -12 -17 Email from Jay Hagelberg — Updated Narrative
■ 1 -18 -17 Email to Jay Hagelberg
N: \Departments \Community Development \Planning \Case Files \CUP \CU 16 -35 Northern Tiny Builder \4 Planning Commission \1- 24 -17 \CU 16-
35 sr PC 1- 24- 17.docx
Leeseberg, Chris
From:
Leeseberg, Chris
Sent:
Monday, December 12, 2016 8:52 AM
To:
' northerntinybuilders @gmail.com'
Subject:
Site Plan Letter with Comments
Attachments:
Site Plan Letter with Comments.pdf
.Jay,
Please find attached the letter that will be mailed to you today. Let me know if you have any questions.
Thank You.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
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Good morning. I am touching base with you regarding the attached correspondence. An email was sent on
December 12, 2016 and a hard copy was mailed on that same day.
We have not heard from you or received anything from you in regards to the requests on the letter.
Because we have not received the requested information, we will be postponing your application for a month.
Please let me know if you have any questions.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
From: Leeseberg, Chris
Sent: Monday, December 12, 2016 8:52 AM
To: ' northerntinybuilders Ca)amail.com'
Subject: Site Plan Letter with Comments
Jay,
Please find attached the letter that will be mailed to you today. Let me know if you have any questions.
Thank You.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway Elk River I MN 155330
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Good morning. I am touching base with you regarding the attached correspondence. An email was sent on
December 12, 2016 and a hard copy was mailed on that same day.
We have not heard from you or received anything from you in regards to the requests on the letter.
Because we have not received the requested information, we will be postponing your application for a month.
Please let me know if you have any questions.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
From: Leeseberg, Chris
Sent: Monday, December 12, 2016 8:52 AM
To: ' northerntinybuilders Ca)amail.com'
Subject: Site Plan Letter with Comments
Jay,
Please find attached the letter that will be mailed to you today. Let me know if you have any questions.
Thank You.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway Elk River I MN 155330
P t R E I E I I T
Pik' x = TUPE
River
Loi
Leeseberg, Chris
From: Leeseberg, Chris
Sent: Tuesday, January 10, 2017 8:45 AM
To: northerntinybuilders @gmail.com
Subject: 60 Day Extension
Attachments: 60 Day Extension.pdf
.Jay,
Please find attach the 60 Day Extension letter that will be mailed today.
Thank You.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
I F I II E N E I I T
River— NATURE
Di
Leeseberg, Chris
From: Leeseberg, Chris
Sent: Tuesday, January 10, 2017 8:22 AM
To: 'Northern Tiny Builders'; Carlton, Zachary
Subject: RE: FW: Site Plan Letter with Comments
Attachments: Site Plan Letter with Comments.pdf
Jay,
Good morning. I am touching base with you on the progress of the information we have requested. Your CUP is
scheduled for the January 24, 2017 Planning Commission meeting. We will need all of the information as outlined
in the attached "Site Plan Letter with Comments" dated December 12, 2016 by noon on January 17, 2017. If we do
not have all of the information by then, we will take your request to the Planning Commission with a
recommendation of denial.
Please let me know if you have any questions. Thank you.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
From: Northern Tiny Builders [mailto: northerntinybuilders Caamail.com]
Sent: Friday, January 06, 2017 1:33 PM
To: Leeseberg, Chris; Carlton, Zachary
Subject: Re: FW: Site Plan Letter with Comments
Chris,
We are working on a site plan with Paul Kangas of Loucks Inc
Besides the items you requested under Engineering is there anything else going to be needed?
Did the current owner of the property get the split paper work turned in and if so did he provide a
preliminary plan of the size with dimensions?
thanks
jay
On Tue, Dec 20, 2016 at 8:44 AM, Leeseberg, Chris <CLeesebergkelkrivermn.gov> wrote:
Jay,
Good morning. I am touching base with you regarding the attached correspondence. An email was sent on
December 12, 2016 and a hard copy was mailed on that same day.
We have not heard from you or received anything from you in regards to the requests on the letter.
Because we have not received the requested information, we will be postponing your application for a month.
Please let me know if you have any questions.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
From: Leeseberg, Chris
Sent: Monday, December 12, 2016 8:52 AM
To: ' northerntinybuilders Ca)amail.com'
Subject: Site Plan Letter with Comments
Jay,
Please find attached the letter that will be mailed to you today. Let me know if you have any questions.
Thank You.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
jai P 0 1 1 1 E I I T
Elk-
NATURE
Leeseberg, Chris
From: Northern Tiny Builders <northerntinybuilders @gmail.com>
Sent: Thursday, January 12, 2017 9:09 PM
To: Leeseberg, Chris
Subject: Re: FW: Site Plan Letter with Comments
Attachments: 2016 Land Use Application Form and Conditional Use Permit.docx
please find attached the response from the dec 12 letter, I am waiting for Paul to send me the site plan when he
is finished thank you
jay
On Tue, Jan 10, 2017 at 8:21 AM, Leeseberg, Chris <CLeeseberg�ic elkrivermn.gov> wrote:
Jay,
Good morning. I am touching base with you on the progress of the information we have requested. Your CUP is
scheduled for the January 24, 2017 Planning Commission meeting. We will need all of the information as outlined
in the attached "Site Plan Letter with Comments" dated December 12, 2016 by noon on January 17, 2017. If we do
not have all of the information by then, we will take your request to the Planning Commission with a
recommendation of denial.
Please let me know if you have any questions. Thank you.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
From: Northern Tiny Builders [ma i Ito: northerntinybuilders Ca)amail.com]
Sent: Friday, January 06, 2017 1:33 PM
To: Leeseberg, Chris; Carlton, Zachary
Subject: Re: FW: Site Plan Letter with Comments
Chris,
We are working on a site plan with Paul Kangas of Loucks Inc
Besides the items you requested under Engineering is there anything else going to be needed?
Did the current owner of the property get the split paper work turned in and if so did he provide a
preliminary plan of the size with dimensions?
thanks
day
On Tue, Dec 20, 2016 at 8:44 AM, Leeseberg, Chris <CLeeseberg_gelkrivermn. og_v> wrote:
Jay,
Good morning. I am touching base with you regarding the attached correspondence. An email was sent on
December 12, 2016 and a hard copy was mailed on that same day.
We have not heard from you or received anything from you in regards to the requests on the letter.
Because we have not received the requested information, we will be postponing your application for a month.
Please let me know if you have any questions.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
From: Leeseberg, Chris
Sent: Monday, December 12, 2016 8:52 AM
To: ' northerntinybuilders Caamail.com'
Subject: Site Plan Letter with Comments
Jay,
Please find attached the letter that will be mailed to you today. Let me know if you have any questions.
Thank You.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway Elk River I MN 155330
la Ft I EA I IT
Elk`. � TUE
River
Leeseberg, Chris
From: Leeseberg, Chris
Sent: Wednesday, January 18, 2017 9:10 AM
To: 'Northern Tiny Builders'
Subject: RE: FW: Site Plan Letter with Comments
Attachments: Sec._30_1295.I_3_ gen era l_industrial _ district..docx; Email to Caswell and Lenz
1- 10- 17.pdf
Jay,
Since we have not received all of the requested information as outlined in the email sent to you on January 10, 2017
(below), there are two options you can decide to do:
1. You can withdraw your application and we will refund the portion of the escrow not used, or
2. We can take your request to the Planning Commission and City Council with recommendations of denial
and we will refund the portion of the escrow not used.
Please let me know how you like to proceed by 4:00 p.m. today, January 18, 2017. If I do not hear back from you
by this time, we will take your request to the Planning Commission with a recommendation of denial.
Application deadlines are the last Monday of every month. Therefore, the deadline for January is January 30,
2017. With a complete application for the January deadline, your request would go to the Planning Commission on
February 28, 2017 and the City Council on March 20, 2017.
Sec. 30 -1295 (d) (16) requires a single - family residential dwelling unit in the I -3 zoning district to be accessory or
secondary to a principal use, which in this case would be the tiny home business. I have enclosed a copy of that
section for your review. Staff is not sure how all eight of the requirements in Sec. 30 -1295 (d) (16) would be
met. Please clarify how each of these eight requirements will be met in your narrative when submitting all required
information.
I met with John Lenz on January 10, 2017 to discuss splitting the property. I provided him the applications and
forwarded them to the surveyor he was using. I have attached that email for your reference.
Please let me know if you have any questions.
Thank you.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
From: Northern Tiny Builders [ mailto: northerntinybuilders @gmail.com]
Sent: Thursday, January 12, 2017 9:09 PM
To: Leeseberg, Chris
Subject: Re: FW: Site Plan Letter with Comments
please find attached the response from the dec 12 letter, I am waiting for Paul to send me the site plan when he
is finished thank you
jay
On Tue, Jan 10, 2017 at 8:21 AM, Leeseberg, Chris <CLeeseberggelkrivermn.gov> wrote:
Jay,
Good morning. I am touching base with you on the progress of the information we have requested. Your CUP is
scheduled for the January 24, 2017 Planning Commission meeting. We will need all of the information as outlined
in the attached "Site Plan Letter with Comments" dated December 12, 2016 by noon on January 17, 2017. If we do
not have all of the information by then, we will take your request to the Planning Commission with a
recommendation of denial.
Please let me know if you have any questions. Thank you.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
From: Northern Tiny Builders [ma i Ito: northerntinybuilders Ca)amail.com]
Sent: Friday, January 06, 2017 1:33 PM
To: Leeseberg, Chris; Carlton, Zachary
Subject: Re: FW: Site Plan Letter with Comments
Chris,
We are working on a site plan with Paul Kangas of Loucks Inc
Besides the items you requested under Engineering is there anything else going to be needed?
Did the current owner of the property get the split paper work turned in and if so did he provide a
preliminary plan of the size with dimensions?
thanks
Jay
On Tue, Dec 20, 2016 at 8:44 AM, Leeseberg, Chris <CLeesebergkelkrivermn.gov> wrote:
Jay,
Good morning. I am touching base with you regarding the attached correspondence. An email was sent on
December 12, 2016 and a hard copy was mailed on that same day.
We have not heard from you or received anything from you in regards to the requests on the letter.
Because we have not received the requested information, we will be postponing your application for a month.
Please let me know if you have any questions.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
From: Leeseberg, Chris
Sent: Monday, December 12, 2016 8:52 AM
To: ' northerntinybuilders Ccbamail.com'
Subject: Site Plan Letter with Comments
Jay,
Please find attached the letter that will be mailed to you today. Let me know if you have any questions.
Thank You.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
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