10.1. SR 04-03-2017 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 10.1
Agenda Section Meeting Date Prepared by
Work Session April 3, 2017 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Northern Tiny Home Builders Zack Carlton,Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Review proposal and provide non-binding direction to the applicant
Background/Discussion
Jay Hagelberg, the applicant,had submitted two Conditional Use Permit (CUP) applications, one of
which was withdrawn and the other was returned as incomplete. The information referenced in this
Concept Review is based on the information submitted with those applications.
The applicant is interested in manufacturing tiny homes (light manufacturing) and providing outdoor
storage/display for the completed homes. As part of the business,he would also like to refurbish /
convert vehicles such as buses, trailers, and vintage trailers into tiny homes. In order to help understand
how the needs of tiny home users,he would also like to live on site in one of the tiny homes.
The applicant's business partner would also like to utilize the site for the storage of equipment,possibly
for a landscaping business,which would also office out of the site. At this time we do not know if there
is a desire to also store landscaping materials (rock,mulch, soils) on site.
Due to time restraints,financial concerns, and a platting process that is out of the applicant's control,he
is asking the City Council to review his proposal, and provide feedback before he makes a full CUP
application.
Zoning
The property is zoned I3 (General Industrial) where Light Manufacturing is a permitted use. Because the
applicant is requesting outdoor storage and a single-family residential dwelling, a CUP is required for
both.
Single-Family Residential Dwelling
Section 30-1295 (d) (16) outlines when a dwelling may occur in the I3 district.
a. The nature of the principal use of the proper y makes it necessary or high jl desirable from both the properly onmer's
and the city's perspective to have a 24-houra-day caretaker or security person reside on the proper y.
The question to answer with this requirement is whether or not living on site is necessary or
highly desirable from the property owner's and the city's perspective? Do the proposed uses
POWERED 6T
A IR
warrant a fully time caretaker on the site? The site is proposed to be fenced with an 8'-10' tall
wood fence and gated entrance.
e. ...and Pill be located P)ithin a building serving the principal use of the properly P)hich is no less than 90,000
square feet in side.
The applicant is proposing a 36' x 60' (2,160sq ft) pole building, serving the principal use of the
property, to manufacture the tiny homes in. The building is not 10,000 sqft in size and the
dwelling is not proposed to be within the building. Variances to uses are not permitted.
g. The proposed dv)elling unit meets all other requirements of this Code and the Minnesota Building Code for
occupancy as a dv)elling unit by a single family. The city council may, if it finds it necessary to do so for the
protection of the health, safety and nvr fare ofpersons P)ho may occupy the proposed an)elling unit, impose additional
reasonable requirements or conditions on the construction and use of the an)elling unit.
The applicant is proposing to utilize two sources of water until a well can be drilled in late 2017
and is proposing to use a rain catchment system and drinking water will be brought on site as
needed.
A septic system is proposed to be installed in 2017,but prior to the installation, composting
toilets and porta-potty will be used. It is assumed these systems will be utilized for both the
dwelling and offices.
4714.0100 Basic Plumbing Principles. This section applies to both the dwelling unit and any
office space.
A. All premises intended for human habitation, occupancy, or use shall be provided with a
potable water supply that meets the requirements of the commissioner of health. The water
supply shall not be connected with unsafe water sources nor shall it be subject to the hazards of
backflow or back-siphonage.
D. The building sewer in every building with installed plumbing fixtures and intended for human
habitation, occupancy, or use when located on premises where the Authority Having Jurisdiction
has determined that a public sewer is available shall be connected to the public sewer.
U. If water closets or other plumbing fixtures are installed in a building where there is no public
sewer available as determined by the Authority Having Jurisdiction, suitable provisions shall be
made for treatment of the building sewage by methods that meet the requirements of rules
administered by the Pollution Control Agency.
This property is outside the Urban Service District where public sewer and water is not available.
Any proposed alternatives to hooking up to a well and septic will need to meet the requirements
of the Commissioner of Health and meet the requirements of the Pollution Control Agency.
Again the applicant proposes to drill a well and install a septic system in late 2017.
1109.2 Toilet and bathing facilities. Each toilet room and bathing room shall be accessible. The
toilet room in the 2,160 sqft pole building will need to be ADA accessible and the toilet room in
N:APublic Bodies\Agenda Packets\04-03-2017\10.1 sr.docx
the office trailer may need to be ADA accessible. It is not clear what function the office trailer
will have.
Who will be inspecting the construction of the tiny homes that will be used on site?
Outdoor Storage
Outdoor storage is regulated by Section 30-807 where it states outdoor storage shall not exceed 50
percent of the parcel area. All outdoor storage areas will need to be clearly identified on the survey.
Outdoor storage areas shall not be located in designated parking areas or areas striped for parking.
Parking and Curbing
The applicant is proposing Class 5 material for the parking areas but there is no mention of concrete curb
and gutter. Section 30-901 states all driving areas and parking areas shall be bounded by B612 concrete
curb and gutter.
Outdoor storage areas abutting an adjacent industrial zoned parcel are not required to be screened.
Where screening is not required,barrier style curb B612 shall be installed to define the limits of the
approved outdoor storage area.
Fencing
The site is proposed to be fenced with an 8'-10' tall wood fence. In any zoning district, construction of a
fence exceeding seven feet in height requires a building permit as stated in Section 30-796 (d). The
building permit will require the fence to be engineered.
Landscaping
The applicant's narrative states there are over 85 trees currently on the site and that about 15 trees will be
removed.
Section 30-934 (3) states: Minimum requirements. All open areas of a lot which are not used and
improved for required parking areas, drives or storage shall be landscaped with a combination of
overstory trees, ornamental trees, coniferous trees, shrubs, flowers, and turf or ground cover materials.
The number of trees on the lot, tract, or parcel shall not be less than three plus the perimeter of the
described area as measured in feet divided by 40.
a. Overstory trees. Fifty percent of the required trees shall be overstory trees.
b. Ornamental trees. Twenty-five percent of the required trees shall be ornamental trees.
c. Coniferous trees. Twenty-five percent of the required trees shall be coniferous trees.
The perimeter of the property is approximately 1,082 feet. This requires the site to have 27 trees.
According to the applicant's narrative, there are enough trees to meet the city requirement. Staff would
recommend that the number of trees be confirmed on the survey.
Solar Panels
The applicant wished to explore solar power and the panels would be installed on the far south end of
the property in 2018. Section 30-805 states: solar energy systems shall be treated as an accessory
structure and shall comply with all accessory structure setbacks in the applicable zoning district and shall
not extend into the side-yard or rear setback when oriented in any position.
The solar energy system size and location will need to be clearly identified on the survey.
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Landscaping Equipment Storage
During a meeting with the applicant on March 29, 2017,he indicated his business partner would also like
to utilize the site for the storage of equipment for a landscaping business. No other information was
shared regarding this recent proposed use.
Attachments
■ Location Map
■ Site Plan
■ Applicant's Narratives
■ Section 30-796 Fences;Visibility at Intersections and Driveways.
■ Section 30-805 Solar Energy Systems
■ Section 30-807 Outdoor Storage
■ Section 30-901 Curbing
■ Section 30-934 Landscaping
■ Section 30-1295 I-3 General Industrial District
■ 4714.0100 Basic Plumbing Principles
■ 1109.2 Toilet and bathing facilities
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2016 Land Use Application Form and Conditional Use Permit Narrative
We are applying for a conditional use permit for parking and storage of vehicles for
Northern Tiny Builders (NTB). The approval of this permit is one of two
contingencies required by Chelsea 3 LLC (C3) in purchasing the land, the other is
the approval to split the current plot, Chelsea 3 LLC is only purchasing the
property on the SOUTH side of 163rd Avenue in Elk River. See map provided by the
County of Sherburne with legal description.
Applicant Information:
Northern Tiny Builders Inc.
Jay Hagelberg
1161 Wayzata Blvd E #230
Wayzata, MN 55391
651.325.7695
The land will be owned by Chelsea 3, LLC. Chelsea 3 is a LLC that is an equal
partnership between an investor and myself. C3 will be requesting the permits for
the fence, building and any other permits required by Elk River to get the site ready
for NTB. NTB will be the tenant and be requiring the Conditional Use Permit for
outside storage and parking. C3 is currently under contract with the seller.
Closing date to follow 24 hours after the January Council meeting granted the
permit is issued to NTB at that time and plot split.
Property Owners within 350 ft. labels provided also
Phil Collins – 16234 Jarvis St NW, Elk River, MN 55330
Jarvis LLC - 9643 161st Ave NW, Elk River, MN 55330
RCJ ENTS LLC - 16270 Jarvis St NW, Elk River, MN 55330
Joseph Deblieck - 16344 Jarvis St NW, Elk River, MN 55330
Todd Bialon - 16110 Jarvis St NW, Elk River, MN 55330
Todd Bialon - 16208 Jarvis St NW, Elk River, MN 55330
John and Kim Lenz - 16444 Jarvis St NW, Elk River, MN 55330
Montgomery Family Partnership LLP - 15932 Jarvis St NW, Elk River, MN 55330
Northern Tiny Builders will be using the property to build custom tiny homes on
trailers; all homes will be built on trailers; we will use either a flatbed trailer or
goose neck trailer, our specialty will be goose neck because of the unique lay out
they allow in the upper deck to stand upright. We also will be doing refurbishing of
trailers, buses and vintage trailers for customers (hence the storage requirements).
This was submitted with CU 16‐35
I have over 20+ years in construction background, 25+ years in business
management. My two other carpenters have 15 to 20 years in their various
specialties. I will be using two different licensed electricians that currently own
their own businesses and my plumber has 10+ years. The team combined offers a
wide range of talents and all have a passion for the trade and tiny home movement.
Hours of Operations will vary depending on business and needs of the customer.
We will not be following a normal 9 to 5 day work day. We will cater to the client!
Number of Employees – at first a team of 2 to 4 with others as the business grows.
I will be the only full time person in the beginning, adding the team members as we
can support them financially and with full benefits.
Signage - We plan on one sign in front outside of the fence line – best guess right
now is 8 wide by 5 to 6’ tall and no higher than 5 to 6’ off the ground – landscaped
underneath with lights for evening.
Outside storage/parking – will be along the east side and plan to screen with either
an 8’ or 10’ high fence. A parking area also will be directly in front of the 24’ office
trailer.
Building
A 36 ft. wide by 60 ft. long pole building. The building color scheme will be taupe
sheet metal panels with a burgundy trim and roof line. The length of the pole
building will run parallel to 163rd street about 80 feet from the curb line. A 24 ft.
trailer will be used as the office and placed just west of the main pole building. To
the south of the pole building will be three areas for model tiny homes to be parked,
these will change as they are sold and new tiny homes are built. The pole building
will sit on a slab concrete floor.
Utilities
We have secured a bid from the City of Elk River for power to be brought to the site;
the cost to C3 will be $12,000. The utility box will be located in the north east front
corner of the property, outside the fence line.
Solar - in 2018 we would like to explore solar power and the panels would be
installed on the far south end of the property,
Wind energy for individual tiny homes will be offered as an off grid solution for your
customers and the turbine is installed on the hitch of the home and stands no taller
than 16’ when in place
Water/Septic
Water at this time will be two sources until a well can be drilled in late 2017, we
will use a rain catchment system and drinking water will be hauled.
Septic system will be installed in 2017 and prior to the installation composting
toilets and port-a-potty will be used.
Fence - The entire site will be fenced with either an 8’ or 10’ tall wood fence, similar
to the one Menards installs around their properties. The fence on the east side will
run along the property line, the south and west side the current fence will be
removed and the new fence will be installed. On the north side the fence will sit
back off the road about 45’ and have an 28’ gated entrance. Complete details will be
discussed with the with the City of ER after the January meeting. We will be
installing about 1000’ running ft of fence.
Landscaping - The site has over 85 trees currently, about 15 trees on the southwest
corner and west side will be trimmed and or removed to make way for the fence on
the west side that runs through the wooded area. There are also several large
evergreens in the front northwest corner and all will be left. The 45’ area in front of
the fence will be seeded or sod placed in the spring/summer 2017 following the
building construction. We plan to add landscaping and shrubs around the sign in
front, three maple trees to the east side of the property in a turf area. The area
inside the fence will be class 5 were normal driving occurs and in the storage area.
Grading and drainage plan - The natural slope of the property is to the south west
corner and will not be changed, most of the water coming off the building will be
saved for use, over flow will be drained to a holding area in the southwest corner.
Still waiting for the grading company to return his report to me and I will verify
with the City of EK BEFORE anything is started.
Misc.
The property will also have a 4 to 6 main storm shelter installed.
Information for the December 12, 2016 request letter:
Engineering – I have hired a company to provide this, it was not done originally
because during my meeting with Zach and Amanda, Zach said provide a drawing of
the parking area and where we plan the building, site map has not mentioned.
Police As originally submitted in the first narrative with the permit, hours of
operations will vary depending on business and needs of the customer. We will not
be following a normal 9 to 5 day work day. We will cater to the client! Both us have
full time jobs and part of the SBA we have agreed to remained employed, I will be
the first to quit after the goal is met and become full time. Hours will be days,
nights and weekends, with appointments scheduled to meet times that match our
client’s availability. We will be respectful to the business owners and homeowners
in our area.
Parking/Access As stated in the meeting the parking lot will be class v material,
the driveway entrance at from curb line to gate will be blacktop and the building
will have a concrete floor. Sidewalk will be concrete or pavers stone from the
building to office.
The current street has a curb and gutter with two driveway cut a way’s, we
plan to use the cut a way closest to Jasper, this is about 35’ from the edge of the
east side of the property.
Stormwater The plan is to collect the rain water for reuse on the site, rain water
collection processes will be used and a well at this time is not in the plans or in the
near future. A rain purification system with a 5 to 10K holding tank, this is
currently being researched. I am not sure if the NPDES permit will be needed and
the city will be consulted before any formal plans are made.
Bus and Trailer Maintenance and Repair We do not provide maintenance or repair
services, we only refurbish the interior, if we are building a tiny home on a trailer
(our main business focus), they will be built on a trailer that we purchase from a
trailer manufacturer, in this case we are responsible for the entire project interior
and exterior. I have no idea why you would think we will have parts, motor oil,
lubricants, etc on site, this has nothing to do with our business plan or model as
discussed with Zach and Amanda. We are not a garage or repair shop. The
parking/storage would be along the east side of the property as shown on the
drawing submitted with the CU permit. See pictures below please to better
understand tiny home building and your concept.
Most work would be done inside the pole barn that we will submit a permit
request AFTER the CU permit is approved. During good weather conditions (late
spring to early fall) we would also build outside on the south side of the pole barn.
Single-family residential I would live on site in a tiny home, as a tiny
home builder it is the best way to understand what the clients truly need.
It is also part of the business model to make the business successful and
profitable. It is one of the main reasons the area was selected, most of the
business/homes along Jasper have homes attached or detached with
businesses on the same lots and under all types of zoning. This part would
be a deal breaker for the purchase of the land and moving forward for this
permit. Not being able to live on site makes the property undesirable in
Elk River.
Lot Split The current owner has already submitted paper work in the first week of
December, it is supposed to be on the agenda for the January meeting.
Bus remodel
Bus remodel tiny home
Tiny home – gooseneck trailer
Page 1
Sec. 30-1295. - I-3 general industrial district.
(a) Purpose. The I-3 district shall serve as a general industrial zone to provide area for industrial
development not requiring municipal water and sewer. This district is appropriate for manufacturing,
warehousing, and similar industrial uses because of access to warehousing. These areas are
intended to encourage the development of industrial uses which are clean, quiet, and free of
hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or other pollutants.
These industries shall be compatible with each other and with surrounding land uses.
(b) Permitted uses. Permitted uses in the I-3 district are as follows:
(1) Offices.
(2) Wholesale businesses.
(3) Light manufacturing.
(4) Warehouses.
(5) Auto repair shops.
(6) Bottling and distribution.
(7) Research and design facilities.
(8) Medical, dental and optical labs.
(9) Dry cleaning establishment.
(c) Accessory uses. Accessory uses in the I-3 district are as follows:
(1) Retail sales, provided:
a. The retail sales activity is not located in an administrative office facility, but is located within
a business, the principal use of which is not commercial sales.
b. The retail sales activity does not occupy more than 15 percent of the gross floor area of the
occupied quarters.
c. The retail sales activity is accessory to the principal use.
d. No sign identifying the retail sales is visible from the outside of the building.
(2) Signs as permitted in section 30-851 et seq.
(3) Accessory structures.
(d) Conditional uses. Conditional uses in the I-3 district are as follows:
(1) Animal and poultry processing.
(2) Bus, truck and implement storage, maintenance and repair.
(3) Chemical storage/bulk storage of fuel, e.g., petroleum.
(4) Concrete/asphalt products and processing.
(5) Foundry, casting, or forging metals.
(6) Freight and rail yards.
(7) Government buildings and facilities.
(8) Governmental offices.
(9) Grain and feed elevators and mills.
(10) Junkyards, auto wrecking and storage, and salvage yards.
(11) Manufacturing, heavy.
Page 2
(12) Meat or fish packing.
(13) Ministorage.
(14) Outdoor storage area accessory to principal use.
(15) Recycling processing centers.
(16) Single-family residential dwelling units accessory to principal uses, provided that:
a. The nature of the principal use of the property makes it necessary or highly desirable from
both the property owner's and the city's perspective to have a 24-hour-a-day caretaker or
security person reside on the property.
b. The proposed dwelling unit is designed for and will be used exclusively by caretakers or
security personnel responsible for the security of the property and the principal use thereof.
c. The proposed dwelling unit will be occupied by no more than two persons, neither of whom
may be under 18 years of age.
d. There shall be only one dwelling unit per lot or, if one principal use is located on several
adjoining lots, per principal use.
e. The proposed dwelling unit will not exceed 800 square feet in size and will be located
within a building serving the principal use of the property which is no less than 10,000
square feet in size.
f. The principal use of the property is not of such a nature that it would be dangerous or
hazardous to residents of the proposed dwelling unit.
g. The proposed dwelling unit meets all other requirements of this Code and the Minnesota
Uniform Building Code for occupancy as a dwelling unit by a single family. The city council
may, if it finds it necessary to do so for the protection of the health, safety and welfare of
persons who may occupy the proposed dwelling unit, impose additional reasonable
requirements or conditions on the construction and use of the dwelling unit.
h. The conditional use allowing such a dwelling unit in an industrial zone is deemed to be
unique to the principal use of the property and the ownership of the property and the
principal use. Any conditional use permits granted under this section shall therefore
automatically expire if the principal use of the property changes or the ownership of either
the property or the principal use of the property changes.
(17) Sexually-oriented land uses.
(18) Temporary structures.
(19) Truck terminals.
(20) Commercial recreation facility.
(e) Architectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to
building finish and subsection 30-938(3) pertaining to roofs applies to this district.
(Ord. No. 10-12, § 3, 8-2-2010; Ord. No. 12-11, § 8, 7-16-2012)
Editor's note— Section 3 of Ord. No. 10-12, adopted Aug. 2, 2010, set out a provision
designated as § 30-1299. For stylistic purposes and at the discretion of the editor, this provision
has been redesignated as § 30-1295.
Page 1
Sec. 30-934. - Landscaping.
(a) General requirements. The following general requirements are applicable to all districts:
(1) All exposed ground areas surrounding or within a principal or accessory use, including street
boulevards, which are not devoted to drives, sidewalks, patios, or other such uses shall be
landscaped with grass, shrubs, trees, other living ornamental landscape materials, mulch, or
rock.
(2) All landscaped areas shall be kept neat, clean and uncluttered.
(3) No landscaped area shall be used for the parking of vehicles or the storage or display of
materials, supplies or merchandise.
(4) Undisturbed areas of existing natural vegetation maintained free of noxious weeds need not be
altered.
(5) A reasonable attempt shall be made to preserve as many existing trees as is practical and to
incorporate them into the proposed development plan.
(6) Slopes greater than three feet horizontal to one foot vertical (3:1) will not be permitted without
approval by the city. Only under special conditions or unique circumstances will steeper slopes
be permitted. Slopes adjacent to pedestrian systems, inslopes of roadways, ponding,
sedimentation areas, and other water or wetland features may not have a slope greater than
4:1.
(7) In all multifamily, commercial and industrial zoning districts, the maintained/manicured
landscaped areas shall have inground/underground irrigation systems. Native grasses and plant
areas need not be irrigated.
(b) All zoning districts except permitted single-family uses in all districts. Landscaping requirements for
all zoning districts except permitted single-family uses in all districts are as follows:
(1) Applicability of requirements. All properties shall comply with the requirements of this
subdivision when new development or expansions are to occur on these properties, except for
single-family dwelling units.
(2) Landscape plan. Landscape plans shall be prepared by a landscape architect or other qualified
individual acceptable to the city. Landscape plans shall be drawn to a scale of not less than one
inch equals 50 feet and shall include the following information:
a. The name and address of the property owner and/or developer.
b. The name of the project.
c. The name of the preparer of the plan.
d. The date of plan preparation.
e. Boundary lines of the property with accurate dimensions, and note with scale and north
arrow.
f. The locations of existing and proposed buildings, parking lots, public roads, easements
and other improvements.
g. The location, approximate size and common name of existing trees.
h. A planting schedule containing:
1. Symbols.
2. Quantities.
3. Common names and botanical names.
4. Size of plant materials.
Page 2
5. Root condition specifications.
6. Special planting instructions.
i. Planting details illustrating proposed locations of all new plant material, including proposed
walls, fences, planters, landscaped islands, and other landscaping-related improvements.
j. Details of restoration of disturbed areas, including areas to be sodded and seeded.
k. Location of existing wetlands.
(3) Minimum requirements. All open areas of a lot which are not used and improved for required
parking areas, drives or storage shall be landscaped with a combination of overstory trees,
ornamental trees, coniferous trees, shrubs, flowers, and turf or ground cover materials. The
number of trees on the lot, tract, or parcel shall not be less than three plus the perimeter of the
described area as measured in feet divided by 40.
a. Overstory trees. Fifty percent of the required trees shall be overstory trees.
b. Ornamental trees. Twenty-five percent of the required trees shall be ornamental trees.
c. Coniferous trees. Twenty-five percent of the required trees shall be coniferous trees.
d. Additional landscaping. In order to accomplish an adequate buffer or screening, additional
landscaping over and above the required amount may be required by the city.
e. Credits.
1. For oversizing trees. The total number of required overstory trees may be reduced by
one tree for each new deciduous tree measuring four and one-half inches or more in
diameter, or each new coniferous tree measuring ten feet or more in height, which is
planted on the lot or tract.
2. For existing trees . The total number of required new trees may be offset by the
retention of existing trees on the lot provided that such trees satisfy the requirements
of this section as to size and species. The existing tree credit chart shall be used to
determine the amount of credit for existing trees. Existing trees closer than 15 feet
together shall be considered one tree and the largest diameter tree will be utilized to
calculate the tree credit. The diameter of and distance between trees shall be
measured six inches above the ground.
Existing Tree Credit Chart
Deciduous Tree Diameter Deciduous Tree Credit
2" to < 4 1/2" One (1)
4 1/2" to < 8" Two (2)
8" or more Three (3)
Coniferous Tree Height Coniferous Tree Credit
6' to < 10' One (1)
Page 3
10' to < 15' Two (2)
15' or more Three (3)
Subsection 30-934(d)(3) pertaining to approved tree species shall apply to the types of
trees given credit.
3. For native grasses and plant communities . The total number of required trees may be
offset by the provision of native grasses and wildflowers. Planting or preservation of
native planting communities will receive credit for one tree per 500 square feet of
native grass area. Credits may not exceed 50 percent of the total requirements. A
native grass and plant community maintenance plan shall be submitted to the city
every year by March 1.
f. Reserved.
g. Maintenance. The property owner of the lot upon which required landscaping or screening
is located shall maintain all materials in a sightly and healthy growing condition. Plant
material removed due to damage, disease, or death shall be replaced.
(c) Permitted single-family uses in all districts. Landscaping requirements for permitted single-family
uses in all districts are as follows:
(1) Applicability of requirements. All permitted single-family properties shall comply with the
requirements of this subdivision when new development or expansions are to occur on these
properties.
(2) Minimum requirements. All open areas of a lot which are not used and improved shall be
landscaped with a combination of overstory trees, ornamental trees, coniferous trees, shrubs,
flowers, and turf or permitted ground cover materials. The minimum number of trees in the front
yard is two.
a. Location of required front yard trees.
1. One tree must be located in the boulevard area and shall be an overstory type tree.
2. A second tree shall be located in the front yard area. Overstory, evergreen, and
ornamental tree species are permitted.
(d) Species.
(1) All required trees shall be of species which are classified as overstory, ornamental, and
coniferous trees by the American Nurseryman's Association.
(2) Not more than 50 percent of the required number of overstory or ornamental trees shall be
composed of one species.
(3) All required trees shall be selected from the University of Minnesota Extension Service's list of
recommended trees for Southeast Minnesota, or as approved by the city's planning department.
(e) Minimum size and root condition of trees. Minimum size and root condition of required trees shall be
as follows:
(1) Overstory trees shall be two inches in diameter as measured six inches above the ground, and
trees must be balled and burlapped.
(2) Ornamental trees shall be one and one-half inches in diameter as measured six inches above
the ground, and trees must be balled and burlapped.
Page 4
(3) Coniferous trees shall be six feet in height, and trees must be balled and burlapped.
(f) Placement of plant materials.
(1) All required landscaping shall be located on the lot occupied by the use, building, facility, or
structures. No landscaping shall be located within any public right-of-way unless approved by
the city.
(2) Plant materials shall be located to provide reasonable access to all utilities.
(3) At all intersections, sight visibility triangles shall be kept clear of landscape materials that would
obstruct the sight lines of motorists at intersecting streets.
(g) Installation. All landscape improvements required by this subsection shall be installed by the owner
no later than one year after the issuance of a building permit for the subject property. Replacement
of any dead trees, shrubs, ground covers and sodding shall be responsibility of the property owner.
(h) Inspection. Twelve months after the date of issuance of a building permit, the city may conduct a
field inspection of the subject site to assure compliance with the requirements of this subdivision and
implementation of the approved landscape plan.
(i) Exceptions and adjustments. Where a strict application of this subsection is not possible due to
unique topographic landform, irregular lot shape or historic features worthy of preservation, the
applicant may present an alternative landscape and screening plan to the city for alternate approval.
(j) Performance guarantee. If required landscape improvements have not been completed at the time a
certificate is requested for occupancy of a property, a financial guarantee to ensure completion of the
improvements shall be supplied prior to issuance of the certificate of occupancy. The financial
guarantee shall be in an amount equal to approximately 100 percent of the value of the uncompleted
landscape improvements, and shall be released one year after completion of the required landscape
improvements following written request from the property owner. Developers who have posted a
previous financial guarantee in connection with the installation of public improvements shall not be
required to post a separate guarantee, but the financial guarantee shall remain in place in an amount
equal to approximately 100 percent of the value of uncompleted landscape improvements until all
required landscape improvements are completed.
(Code 1982, § 900.30(4), (5); Ord. No. 02-09, § 1, 6-17-2002; Ord. No. 02-11, § 1, 6-10-2002;
Ord. No. 12-03, §§ 1—3, 2-21-2012; Ord. No. 14-12, §§ 1, 2, 10-20-2014; Ord. No. 16-22, § 1,
9-19-2016)
Page 1
Sec. 30-901. - Curbing.
(a) All driving areas and parking areas shall be bounded by B612 concrete curb and gutter.
(b) The city may grant an exemption from the curbing requirement:
(1) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the grade of the
parking lot to substitute for the curbing requirements;
(2) Where the city has approved future expansion of the parking lot; or
(3) Where installing concrete curb and gutter presents a hardship due to the uniqueness of the
business or other conditions.
(c) Curbing shall be required around islands in pavement.
(d) Curb cuts and ramps for the handicapped shall be installed as required by the Minnesota State
Building Code.
(Code 1982, § 900.24(10))
Page 1
Sec. 30-807. - Outdoor storage.
(a) Definitions . The definitions in section 30-1 are applicable in this section.
(b) Purpose . It is the intent of this section to establish regulations which allow the outdoor storage
materials within the city in a clean and safe manner. Outdoor storage areas must be approved by the
city in accordance with the standards outlined in this chapter.
(c) Standards .
(1) Outdoor storage shall not exceed 50 percent of the parcel area.
(2) Approved outdoor storage areas must be paved with an approved surface in accordance with
section 30-900(a).
(3) Outdoor storage areas shall maintain the front yard setback established for the district where
the use is located. The side and rear yard setback shall be ten feet.
(4) Outdoor storage areas shall not be located in designated parking areas or areas striped for
parking.
(5) Outdoor storage areas shall be completely screened from view within all public rights-of-way
and commercial or residentially zoned parcels. This requirement shall include gates constructed
of the same screening material that can be closed when not in use.
a. Screening must provide a visual barrier. Any such barrier shall reduce visibility in a manner
that restricts vision of the object being screened, but is not required to totally block the
vision of any such object.
b. Screening shall consist of one of the two following methods.
1. A screening fence of at least six feet and constructed of one or more of the following
materials:
(i) Wood;
(ii) Factory finished metal or vinyl panels;
(iii) Chain link with vinyl slats. The slats must be maintained at all times and must be
replaced within 30 days at the request of the city.
2. An earthen berm of at least three feet in height with a mixed hedge of evergreen and
deciduous plant materials.
(i) Plant materials must include a variety of shrubs, ornamental trees, and
overstory/evergreen trees. Shrubs must be at least three feet tall at the time of
installation and the plan must be approved by city staff.
(ii) Earthen berms shall not have a slope of more than three feet horizontal to one
foot vertical or be located within any street right-of-way unless otherwise
approved by the city engineer.
(6) Outdoor storage areas abutting an adjacent industrial zoned parcel are not required to be
screened.
a. Where screening is not required, barrier style curb B612 shall be installed to define the
limits of the approved outdoor storage area.
(Ord. No. 16-26, § 2, 11-21-2016)
Page 1
Sec. 30-805. - Solar energy systems.
(a) Definitions . The definitions in section 30-1 are applicable in this section.
(b) Standards .
(1) Height .
a. On pitched roofs, no portion of a flush-mounted or bracket-mounted panel in any position
shall extend beyond six inches above the roof peak of the roof plane they are attached to
nor exceed the maximum height requirements in that applicable zoning district.
b. On flat roofs, no portion of a flush mounted or bracket mounted panel in any position, shall
exceed a height of five feet above the flat roof they are attached to nor exceed the
maximum height requirements in that applicable zoning district.
c. Ground-mounted solar energy systems shall not exceed the maximum accessory structure
height in any zoning district when oriented at maximum tilt.
(2) Setbacks .
a. Roof-mounted solar energy systems .
1. Shall comply with all building setbacks in the applicable zoning districts.
2. Shall not extend beyond the exterior perimeter of the roof on which the system is
mounted.
3. Unless required by the fire department, there are no setbacks requirements from the
exterior perimeters and/or peaks of a roofs.
4. Exterior piping for solar hot water systems shall be allowed to extend beyond the
perimeter of the building, no more than two feet, in side and rear yards only.
b. Ground-mounted solar energy systems .
1. Shall be treated as an accessory structure and shall comply with all accessory
structure setbacks in the applicable zoning district.
2. Shall not extend into the side-yard or rear setback when oriented in any position.
3. For residential systems located within the urban service district, systems shall be
located in the rear and side yards only.
(3) Coverage .
a. All solar energy systems shall comply with Minn. Stats. § 1305.3113.
b. For all applications, fire department review is required.
(4) Glare . Solar systems shall be designed and located in order to prevent reflective glare toward
any inhabited buildings on adjacent properties, as well as adjacent street rights-of-way and
parks to the fullest possible extent. When necessary, screening may be required to prevent
glare.
a. Concentrated solar systems shall conduct a glare study to identify the impacts of the
system on occupied buildings and rights-of-way and parks within a half-mile of the project
boundary. The glare study shall also address aviation impacts.
(5) Exemption . Building integrated solar energy systems are exempt from the requirements of this
section and shall be regulated by the building code.
(c) Permits and notifications .
(1) Permits . The erection, alteration, improvement, reconstruction, and relocation of a solar energy
system requires a building permit from the city.
Page 2
a. Applications . An applicant for a solar system permit shall make application to the building
department. The application shall accurately state:
1. The name and contact information of the applicant;
2. The name and contact information of the installer;
3. The address of the project being applied for;
4. To-scale horizontal and vertical elevation drawings showing:
(i) Location of the system on the building or on the property, including property
lines.
(ii) Any exterior devices (such as, but not limited to, inverters, electrical boxes,
batteries, etc)
(iii) For roof-top solar:
A. All systems shall show the distance to the roof edges, parapets, ridges, roof
penetrations, or changes in roof plane.
B. Pitched roof-mounted systems shall show the highest finished slope of the
solar collector and the slope of the finished roof surface on which it is
mounted.
b. Approval . Applications that meet the design requirements of this ordinance, and do not
require a variance, shall be granted administrative approval by the building official. Plan
approval does not indicate compliance with building, electric, or plumbing code.
(2) Utility notification . The owner of a solar energy system that will physically connect to a house or
other building's electrical system and/or the electric utility grid must apply for an interconnection
agreement with the municipal utility prior to the issuance of a building permit.
(d) Compliance .
(1) Compliance with building codes . All solar energy systems shall comply with the Minnesota
Building Code and any local building code requirements.
a. Solar hot water systems shall comply with HVAC-related requirements of the energy code.
(2) Compliance with electric code . All solar energy systems shall comply with the National
Electrical Code.
a. Electric solar energy system components must have a UL listing.
b. Solar hot water systems must have an SRCC rating.
(3) Compliance with plumbing code . All solar thermal systems shall comply with the Minnesota
State Plumbing Code.
Page 3
(e) Abandonment .
(1) If the solar energy system remains nonfunctional or inoperative for more than 12 consecutive
months, the system shall constitute a public nuisance. The property owner shall obtain a
demolition permit and remove the abandoned system at their expense. Removal includes the
entire structure, including collector, mount, and transmission equipment.
(f) Conditional uses .
(1) Any community solar or solar farm project shall require a conditional use permit.
(2) Any solar project exceeding 40 kW shall require a conditional use permit.
(3) Any solar project developed over public or semi-public existing infrastructure (i.e. trail, parking
lot, sidewalk, pavilion, etc.) shall require a conditional use permit.
(Ord. No. 16-08, § 2, 4-18-2016)
Page 1
Sec. 30-796. - Fences; visibility at intersections and driveways.
(a) Height restrictions . In any residential zone on any lot, no fence or planting shall rise over 2½ feet in
height above the level of the public sidewalk or curb of street within ten feet of the front property line.
(b) Height of fences in side and front yards . No fence in a front yard or along a side line of a lot in a
residential zone, other than a retaining wall, shall be higher than six feet in height unless the
adjoining lot is not in a residential zone.
(c) Height of fences in rear yard . No fence higher than eight feet may be located in a required rear yard
in a residential district, unless the adjoining lot is not in a residential zone.
(d) [Height requiring building permit.] In any zoning district, construction of a fence exceeding seven feet
in height requires a building permit.
(e) General requirements for fences .
(1) Location . Any fence shall be located entirely upon the private property of the person
constructing or causing the construction of such fence unless the owner of the adjoining
property agrees, in writing, that such fence may be erected on the division line of the respective
properties. The director of planning or their designee may require the owner of the property
upon which a fence exists to establish the boundary lines of the property by a survey thereof.
(2) Construction and maintenance .
a. Every fence shall be constructed in a complete and substantial manner and of materials
reasonably suited for the purpose for which the fence is proposed to be used.
b. Every fence shall be maintained in a condition of reasonable repair. No fence shall be
constructed or continue which is dangerous to the public safety, health, or welfare as
determined by the director of planning or their designee.
c. Electric fences, barbed wire fences and barbless wire fences shall be permitted only in the
A-1 and R-1a zoning districts when related to farming.
(3) Finished side of fence to face adjoining property . If the material used in the fence construction
is not finished on both sides, the finished side of the material shall be on the outside, facing the
abutting or adjoining properties, and all posts or structures supporting the fence shall be on the
inside of the fence.
(4) Pools .
a. All below ground swimming pools require a building permit and shall be enclosed with a
fence or covered with an automatic pool cover when not supervised.
b. The fencing or automatic pool cover must be installed prior to filling the pool.
c. Fencing shall be chain link, vertical pickets or solid. Spaces between the bottom of the
fence and the ground or between the pickets shall not exceed four inches.
d. Fencing shall be a minimum of four feet in height and all gates shall be equipped with self-
closing and self-latching devices placed at the top of the gate or otherwise inaccessible to
small children and provided with hardware for permanent locking devices.
e. Automatic pool covers shall meet the standards of F1346-91 (reapproved 1996) of
American Society of Testing and Materials (ASTM), as such standards may be modified,
superseded or replaced by ASTM.
f. All above ground pools that require a building permit shall have access controlled with a
means to prevent access into the above ground pool when unoccupied. Failure to prevent
access into an above ground pool when unoccupied is a misdemeanor.
g. All pool related chemicals shall be stored inside the home or an accessory structure.
Page 2
(Code 1982, § 900.20(6); Ord. No. 03-10, § 1, 6-16-2003; Ord. No. 04-15, § 1, 10-18-2004; Ord.
No. 06-09, § 1, 7-17-2006; Ord. No. 13-18, 11-18-2013; Ord. No. 14-08, 7-21-2014; Ord. No.
14-11, § 1, 10-20-2014; Ord. No. 15-31, § 1, 9-21-2015)
Northern Tiny Home BuildersConcept ReviewJay Hagelberg
BackgroundManufacturing of usesApplicant looking for Council’s thoughts on the variety Landscaping BusinessLive in a Tiny Home on siteOutdoor Outdoor StorageOfficeDelivered to
customers off sitestoragetiny homes on site
ZoningISingleOutdoor Storage Manufacturing (Permitted)-3 (General Industrial)-Family Residential (CUP)Dwelling (CUP)
Single…necessary 8’site?Do person reside on the the city's perspective -10’ security fence and -Family Residential the proposed uses warrant a or highly desirable from property.to
have a 24Dwelling locked gate-hourboth the property owner's and --full aNeed-day caretaker or security time caretaker on
SingleApplicant states, the need to live on site is to understand This can be accomplished off sitewhat the clients truly need-Family Residential Dwelling -Need
Single…and Dwelling unit is not within the buildingProposed building 2,160 sqft (not 10,000)the property which is -Family Residential will be located no less than 10,000 square feet
within a buildingDwelling -Requirementsserving the principal use of in size.
Single…meets Alternative systems:2017 well and septic proposedBuilding Code for occupancy as a dwelling unit by a single -Needs to Control Needs to meet Commissioner of Family Residential
all other requirements of this Code and the Minnesota Agencymeet the requirements of the the requirements of the Pollution HealthDwelling –BldgCodefamily.
Single2,160 SF building needs a bathroom, which needs to be Office trailer bathroom may need to be ADA accessible-Family Residential Dwelling –BldgCodeADA accessible
Office TrailerIt is not clear what function the office trailer will Will it be lived in also?have?
Outdoor storage50% lot coverage maxB612 concrete curb and gutter.All driving areas and parking areas shall be bounded by
Solar PanelsWill be considered an accessory I3 regulations:Along with office (192 sqft)432 sqft allowed Shall not exceed 20% total (192 in office)of principle structurestructure
Questions?Comfort with mix of uses (manufacturing, outdoor Who inspects the tiny homes?Is well and septic still proposed for 2017?What is the full function of the office trailer?Do
second business, residential use). storage, office for second business, outdoor storage for Cannot ignore Will the public ever be in there for any business?the proposed uses warrant
a -within a 10,000 SF buildingfull time caretaker?
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Applying for a CU Permit—Chelsea 3,LLC Contact is Jay Hagelberg 651.325.7695
Building would be 34' x 64' and the lowest side facing the southern direction. Below is only an example
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A fence will placed on all four sides of the property; the north and east side it will be 10'tall, the south and west side it
will be 8'tall. Example of the fence is below,the gate will be on the north side.
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2017 Land Use Application Form and Conditional Use Permit Narrative
We are applying for a conditional use permit for parking and storage of vehicles.
The approval of this permit is one of two contingencies required by Chelsea 3 LLC
(C3) in purchasing the land, the other is the approval to split the current plot, the
current owner is working with ER Planning department currently. Chelsea 3 LLC
is only purchasing the property on the SOUTH side of 162rd Avenue in Elk River.
See map provided by the County of Sherburne with legal description.
Applicant Information:
Chelsea 3, LLC
Jay Hagelberg
1161 Wayzata Blvd E #230
Wayzata, MN 55391
651.325.7695
Property Owners within 350 ft. labels provided also
Phil Collins — 16234 Jarvis St NW, Elk River, MN 55330
Jarvis LLC - 9643 161st Ave NW, Elk River, MN 55330
RCJ ENTS LLC - 16270 Jarvis St NW, Elk River, MN 55330
Joseph Deblieck - 16344 Jarvis St NW, Elk River, MN 55330
Todd Bialon - 16110 Jarvis St NW, Elk River, MN 55330
Todd Bialon - 16208 Jarvis St NW, Elk River, MN 55330
John and Kim Lenz - 16444 Jarvis St NW, Elk River, MN 55330
Montgomery Family Partnership LLP - 15932 Jarvis St NW, Elk River, MN 55330
The land will be owned by Chelsea 3, LLC. Chelsea 3 is a LLC that is an equal
partnership between an investor and myself. C3 will be requesting the permits for
the fence, building and any other permits required by Elk River to get the site ready
for Northern Tiny Builders (NTB) our purposed tenant. NTB requires the outside
storage and parking. Northern Tiny Builders will be using the property to build
custom tiny homes on trailers; all homes will be built on trailers; we will use either
a flatbed trailer or goose neck trailer, our specialty will be goose neck because of the
unique lay out they allow in the upper deck to stand upright. We also will be doing
interior refurbishing of RV trailers, buses and vintage trailers for customers. This
is interior work no mechanical work will be done. I have over 20+ years in
construction background, 25+ years in business management. My two other
carpenters have 15 to 20 years in their various specialties. I will be using two
different licensed electricians that currently own their own businesses and my
plumber has 10+ years. The team combined offers a wide range of talents and all
have a passion for the trade and tiny home movement.
Hours of Operations will vary depending on business and needs of the customer.
We will not be following a normal 9 to 5 day work day. We will cater to the client!
As with any contractor, the daily hours will vary — days, evenings and weekends.
All clients appointments will be arranged and scheduled, the entire site will be
fenced in so walk ins really can't happen. We will be respectful to the business
owners and homeowners in our area.
Number of Employees — at first a team of 2 to 4 with others as the business grows.
I will be the only full time person in the beginning, adding the team members as we
can support them financially and with full benefits.
Signage - We plan on one sign in front outside of the fence line —best guess right
now is 8 wide by 5 to 6' tall and no higher than 5 to 6' off the ground — landscaped
underneath with lights for evening.
Parking/Access & outside storage/parking—All parking will be inside the fenced
area — outside storage/parking will be along the east side of the property and
customer parking on the north side of the main pole building, directly in front of the
24' tiny office trailer. Class V material will be used inside the fenced area for
parking areas, the driveway entrance at the curb line to gate will be blacktop and
the building will have a concrete floor. Sidewalk will be concrete or pavers stone
from the building to office. The current street has a curb and gutter with two
driveway cut a way's, we plan to use the cut a way closest to Jasper, this is about
35' from the edge of the east side of the property.
Building
A 36 ft. wide by 60 ft. long pole building. The building color scheme will be taupe
sheet metal panels with a blue trim and roof line. The length of the pole building
will run parallel to 162rd street about 80 feet from the curb line. A 24 ft. tiny office
trailer will be used as the office and placed just west of the main pole building. To
the south of the pole building will be three areas for model tiny homes to be parked,
these will change as they are sold and new tiny homes are built. The pole building
will sit on a slab concrete floor. Most work would be done inside the pole barn, but
during good weather conditions (late spring to early fall) we would also build
outside on the south side of the pole barn.
Utilities
We have secured a bid from the City of Elk River for power to be brought to the site;
the cost to C3 will be $12,000. The utility box will be located in the north east front
corner of the property, outside the fence line.
Solar - in 2018 we would like to explore solar power and the panels would be
installed on the far south end of the property,
Wind energy for individual tiny homes will be offered as an off grid solution for your
customers and the turbine is installed on the hitch of the home and stands no taller
than 16' when in place
Storm water -& Well Septic
The building will be designed to allow maximum rain collection for water used on
site, holding tanks will be used. A well at this time is not planned unless we can't
contain enough water. If a well is needed, permits would be requested from the
City. A rain purification system with a 5 to 10K holding tank, this is currently being
researched. I am not sure if the NPDES permit will be needed and the city will be
consulted before any formal plans are made. Septic will be installed sometime in
2017, until then composting units will be used. Still working with Engineer on
proper place to place septic tank.
Fence - The entire site will be fenced with either an 8' or 10' tall wood fence, similar
to the one Menards installs around their properties. The fence on the east side will
run along the property line, the south and west side the current fence will be
removed and the new fence will be installed. On the north side the fence will sit
back off the road about 45' and have an 28' gated entrance. Complete details will be
discussed with the with the City of ER after the January meeting. We will be
installing about 1000' running ft of fence.
Landscaping - The site has over 85 trees currently, about 15 trees on the southwest
corner and west side will be trimmed and or removed to make way for the fence on
the west side that runs through the wooded area. There are also several large
evergreens in the front northwest corner and all will be left. The 45' area in front of
the fence will be seeded or sod placed in the spring/summer 2017 following the
building construction. We plan to add landscaping and shrubs around the sign in
front, three maple trees to the east side of the property in a turf area. The area
inside the fence will be class 5 were normal driving occurs and in the storage area.
Grading and drainage plan - The natural slope of the property is to the south west
corner and will not be changed, most of the water coming off the building will be
saved for use, over flow will be drained to a holding area in the southwest corner.
Still waiting for the grading company to return his report to me and I will verify
with the City of EK BEFORE anything is started.
Misc.
The property will also have a 4 to 6 main storm shelter installed.
Single-family residential I would live on site in a tiny home, as a tiny home builder
it is the best way to understand what the clients truly need. It is also part of the
business model to make the business successful. It is one of the main reasons the
area was selected, most of the business/homes along Jasper have homes attached or
detached with businesses on the same lots and under all types of zoning. This part
would be a deal breaker for the purchase of the land and moving forward for this
permit. .
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