4.1. SR 02-22-1999
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Item # 4. 1.
MEMORANDUM
River TO:
FROM:
The Mayor and City Council
Stephen Wensman, Planner :711./
February 22, 1999
DATE:
SUBJECT:
Request by Gordon Mire Jr. for a
Conditional Use Permit, Public
Hearing Case No. CU 99-1
Reauest
Please consider a request by the applicant for a conditional use permit to
park a semi-tractor and trailer on a residential (RIa) property.
Location
.
17753 Fillmore Street NW, Lot 1, Block 2, Hidden Creek Country Estates.
Zonine/Land Use
RIa (Single Family Residential) / LR (Low Density Residential)
Attachments
. Location/zoning map
. Site plan
. Memorandum from Laurie Mezera-Kerr, Code Enforcement Officer
. Ordinance Amendment 98-5
Overview
The applicant is applying for a conditional use permit in order to comply with
the new ordinance regulating parking and storage of large commercial
vehicles in residential areas. The applicant has roughly 2.7 acres of land in
the RIa district. The new ordinance requires a conditional use permit to
park and store semi-tractors and trailers on property with less than 5 acres
in the RIa zoning district.
.
13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
Memo to City Council/CU99-1c2
February 22, 1999
Page 2
.
The applicant intends to build a 30 ft x 40 ft pole barn within 3 years to park
his semi-tractor and for miscellaneous storage. The applicant routinely parks
a trailer overnight and over weekends, and this parking is proposed for the
new class V pole barn driveway.
The existing attached garage may be converted into living space after the
pole barn is constructed. All or part of the existing driveway would remain
and would be connected to the new pole barn driveway.
Existing Conditions
The lot has a 50' power-line easement crossing the southern edge of the
property. A septic field lies behind the house near the proposed pole barn
location. Structures need to be outside of the easement and at least ten feet
away from the septic field. An existing shed sits to the south of the driveway
and is likely to be removed when a pole barn is constructed.
Outside Storaee
.
Presently, the applicant is storing personal equipment and other items (lawn
mowers, lawn furniture, snowmobiles, welding supplies etc.) adjacent the
house and in the yard. The applicant is prepared to remove unwanted debris
to the City's spring clean-up, however, the City's code compliance officer,
would like the remaining items to be contained indoors in a shed or garage.
Presently, there have been no nuisance complaints filed against the
applicant.
Existine VeI!etation
The site is nearly treeless. The properties to the north and south have
mature vegetation that effectively screens them from this site. The property
to the east has significant vegetation, however it is not yet large enough to
create a screen. The property across the street is a farm with no vegetative
screen, however it will likely be single family homes in the near future.
Accessorv Structures
The applicant is allowed two accessory structures and 3000 sq. ft. of
accessory structure and attached garage area. The proposed pole barn and
existing attached garage and shed appear to be close to or under the
maximum allowable structure area.
.
\ \elkriver\sys\shrdoc\planning\stevewen\ccmmo\cu99-1 c2.doc
Memo to City CouncillCU99-1c2
February 22, 1999
Page 3
. Februarv 16. 1999 Public Hearing
At the Public Hearing, the Council moved to continue discussion until
February 22, 1999 in order to allow the Zoning Code Enforcement Officer
speak to the issue of outside storage, and allow staff to find a solution to the
applicants outside storage.
The applicant and Laurie have an agreement regarding this issue (See
attached Memorandum).
Recommendation
Staff and the Planning Commission recommend the City Council approve the
request by the applicant for a conditional use permit to park a semi-tractor
and trailer on a residential (RIa) property with the following conditions:
1. THAT BOTH THE SEMI-TRACTOR AND TRAILOR BE PARKED ON DUST-
FREE, ALL-WEATHER SURFACE WITH PROPER SURFACE DRAINAGE, AS
REQUIRED BY THE CITY ENGINEER.
2. THAT THE NEW DRIVEWAY BE A MAXIMUM WIDTH OF 30 FEET MEASURED
AT THE STREET RIGHT-OF-WAY.
. 3. THAT THE DISTANCE BETWEEN DRIVEWAYS BE A MINIMUM OF 20 FEET.
4. THAT ANY HOUSEHOLD FURNATURE, DISMANTLED EQUIPMENT OR
DEBRIS BE STORED INSIDE OR REMOVED FROM THE PROPERTY BY
MAY 1, 1999.
.
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LOCATION
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LOCATION
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CASE: CU 99-1
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MEMORANDUM
TO:
Steve Wensman, Planner
Laurie Mezera-Kerr, ff 'tA~
Environmental/Code Enforcement
Officer
FROM:
CC:
Mr. Gordon Mire Jr.
DATE:
February 18, 1999
SUBJECT: Gordon Mire Jr. C.U.P. Request
.
Mr. Gordon Mire and I have recently come to an agreement concerning
miscellaneous items stored outside on his property. Items I am referring to
include household furniture, such as a recliner and a couple dining room chairs
as well as any dismantled equipment or machinery. In general, Mr. Mire's
property is very well maintained except for a few items I have detailed.
As a condition of approving this request, items store outside which include
household furniture and dismantled equipment or machinery will be removed
from the property on or before, May 1,1999.
In closing, Mr. Mire has been very forth coming in working with the city on the
new regulations surrounding truck tractors and trailers. I believe he will
continue to be a good example of a truck operator, concerned with not only his
interests but that of his neighbors.
.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 . Fax: (612) 441-7425
.
CITY OF ELK RIVER
SEMI TRACTOR TRAILER AND
COMMERCIAL VEHICLE ORDINANCE
CODE AMENDMENT
On January 1, 1999, the Elk River City Code was amended to regulate the parking of
semi tractors, trailers and other large commercial equipment including, but not limited
to: semi tractors and trailers, dump trucks, tank trucks, buses, cargo trucks and earth
moving equipment. However, this code does not apply to commercial pickup trucks
and/or vans.
Large commercial equipment, including semi tractors and trailers are prohibited in
residential areas, except parcels zoned A-lor R-la. Property zoned R-la and A-I that is
non-platted, and at least five acres is exempt. Parcels less than five acres, or platted
require a Conditional Use Permit. The following table illustrates the code.
ZONING DISTRICT LOT SIZE PERMIT REQUIREMENTS
Urban Service Area Every Residential Lot Prohibited '.
. R-Ia and A-I Less than 5 acres Conditional Use Permit
or platted
R-la and A-I 5 acres or greater and No Requirements
non platted
The new code continues to prohibit large commercial equipment weighing over 7,000
pounds gross weight from parking on public streets or public property in areas zo.ned
residential. Please note, if you have this type of equipment and reside outside the R-la
or A-I zoning district, you must make other arrangements for the storage of your
equipment. The Elk River Police Department enforces this code. First time violators
receive a warning notice, followed by a citation and court action if necessary.
APPLICATION PROCEDURE
The application process for a Conditional Use Permit takes approximately 45-60 days to
complete, and requires th.e following:
1. Applicant meets with staff to discuss their application.
2. Planning Commission holds a public hearing to review the' request, and makes a
recommendation to the City Council.
3. City Council reviews request and makes a final determination.
.
To determine if your property falls within the prohibited area, please refer to the map on
back. Contact the Elk River Police Department at 441-2324, for additional information.
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COMMERCIAL EQUIPMENT PARKING REGULATIONS
.
.
SEMI TRUCK, TRAILER &
COMMERCIAL EQUIPME~T
Pll.RKING REGULA.TIOKS
(A-l and R-la DlStri:ts)
ZONING MAP
· Permitted if lot is non platted, and 5
acres or greater in size.
Conditional Use Pe:mit required if lot
is platted, or less than 5 acres in size.
. Not permitted in residential districts,
except A-I and R-la.
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