6.10. SR 05-17-1999
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Item # 6. 10 .
MEMORANDUM
The Mayor and City Council
FROM:
,
i
Stephen Wensman, Planner <~cJ
May 17, 1999
DATE:
SUBJECT:
Request by Gary Martin for a
Conditional Use Permit, Public
Hearing Case No. CU 99-7
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
. 20369 Meadowvale Road, Elk River (Lot 4, Block 2 Meadowvale Forest).
Zoning/Land Use
RIa (Single Family Residential) / LR (Low Density Residential)
Attachments
. Location/zoning map
. Site plan
. Elk River Nuisance Code
. Letter to applicant, March 30, 1999
. Letter to applicant from Phil Hals, dated April 15, 1999
. Memorandum from Laurie Mezera-Kerr, Environmental & Code
Enforcement Officer
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 1 acre of land in the
RIa district. The applicant routinely parks a trailer overnight and over
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
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Memo to the City Council/CU99-7
May 17, 1999
Page 2
weekends. 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.
Comvlaint History
The applicant is the subject of many nuisance complaints filed by
Meadowvale Forest residents as far back as 1990. The complaints include:
excessive truck idling, junk cars, and general debris. Over the years, at least
3 staff persons have tried unsuccessfully to address the nuisance problem. In
nuisance files dating back to 1990, staff found twelve letters that had been
sent to the applicant asking him to clean up his site. The most recent
complaint, dated April 15, 1999, reported to see the applicant traveling with
a loaded truck traveling on a Victoria Lane (see letter to applicant from Phil
Hals, dated April 15, 1999).
In 1998, the proposed resurfacing of Victoria Lane was postponed after
neighbors expressed concern that the new surface would be torn up by the
applicant bringing home loaded trailers.
Also in 1998, the City enacted the ordinance that regulated parking and
storage of large commercial vehicles in residential areas in order to address
situations similar to this one.
ExistinI! Conditions
The applicant presently has an a looped driveway with two entrances on
Victoria Lane. The entrances are unimproved and exceed the 30 foot
maximum width for driveways. The applicant parks his tractor and trailer
on the northern most driveway. There is no significant vegetation on the site
that would provide screening or visual relief.
On February 26th, 1999, staff performed a site inspection and found several
violations of the City Code including:
. Large brush pile
. 4 unlicensed or inoperable vehicles
. Unimproved driveway surface, undefined driveway and excessive width
. Metal debris
. Truck and auto parts
. Fence is inappropriately attached to garage
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Memo to the City CouncillCU99-7
May 17, 1999
Page 3
Staff met with the applicant and informed him of the steps required of him
prior to the public hearing (See attached letter dated, March 30, 1999). The
applicant was asked several times to inform staff when the site issues
have been addressed, with the exception of the driveway, so that staff could
inspect the property. The applicant would like to defer the gravel paving
contingent on the approval of the conditional use. If this is to happen, staff
recommends setting a completion date for the paving.
On April 16, 1999, staff did follow-up with an inspection of the site and did
find improvement, however the following items had not yet been fully
addressed:
. Unimproved driveway surface, undefined driveway and excessive width
. Metal debris
. General debris
ProDosed Drivewav
The applicant is proposing a new driveway off of County Road No. 32,
Meadowvale Road. Sherburne County Highway Engineer, Dave Schwarting
was contacted and stated that no permit would be given for the driveway
because the applicant has access off Victoria Lane. In an attempt to help,
Phil Hals had offered assistance to the applicant in order to get trucks off of
Victoria Lane. The applicant has recently sent a letter to the County
requesting access, however, Phil Hals is no longer offering assistance in this
matter. If a permit is granted for the parking of the tractor only, then many
of the issue related to loaded trailers on Victoria Lane are resolved.
Denial for Noncompliance
If the Council denies the request of a conditional use permit, it shall
accompany its recommendations or determinations by findings or a report
stating how the proposed use does not comply with the following standards:
1. 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. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of
surrounding vacant property.
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Memo to the City CounciUCU99-7
May 17, 1999
Page 4
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4. 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. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons or property
because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance.
7. Will fully comply with all other requirements of the City's Code of
Ordinances, including any applicable requirements and standards for the
issuance of a license or permit to establish and operate the proposed use
in the City of Elk River.
.
Staff recommends that the City Council recommend denial of the applicants
request for a conditional use permit to park a semi-tractor and trailer on a
residential (RIa) property because of the applicants history of unresolved
nuisance violations and complaints and site the following reasons:
1. WILL 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. THE APPLICANT HAS NOT BEEN IN COMPLIANCE WITH ALL OTHER
REQUIREMENTS OF THE CITY'S CODE OF ORDINANCES, INCLUDING ANY
APPLICABLE REQUIREMENTS AND STANDARDS FOR THE ISSUANCE OF A
LICENSE OR PERMIT TO ESTABLISH AND OPERATE THE PROPOSED USE IN
THE CITY OF ELK RIVER.
If the Council approves this request, staff feels the following additional
condition should be added to assist with enforcement of the nuisance code:
. THAT THE TRACTOR IDLING BE LIMITED TO A MAXIMUM OF FIFTEEN (15)
MINUTES FROM APRIL 16TH THROUGH OCTOBER 31ST; AND THIRTY (30)
MINUTES FROM NOVEMBER 1ST THROUGH APRIL 15TH.
PlanninI! Commission
.
At the March 27, 1999, public hearing, seven residents spoke regarding the
conditional use permit request. In general, the residents are primarily
concerned with excessive idling of the tractor, the safety of driving a trailer
\ \elkriver\sys\shrdoe\pl anning\stevewen \ccmmo \cu99-7 ce. doc
Memo to the City CouncillCU99-7
May 17, 1999
Page 5
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on a residential street, and concerns about destroying a 5 ton residential
street with the trailers. All the residents that spoke were in favor of a
conditional use permit if it was limited to the tractor only.
The Planning Commission was satisfied with the applicants efforts towards
cleaning up the site and felt the site conditions were somewhat unrelated to
the issue of parking semi-tractor and trailers on the site. The Commission
moved to remove the following condition from the recommendation:
. THAT THE PROPERTY BE MAINTAINED FREE OF RUBBISH OR DEBRIS
Recommendation
Staff recommends that the City Council deny the applicants request for a
conditional use permit to park a semi-tractor and trailer on a residential
(RIa) property because the use does not comply with the following standards:
1. WILL 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. THE APPLICANT HAS NOT BEEN IN COMPLIANCE WITH ALL OTHER
REQUIREMENTS OF THE CITY'S CODE OF ORDINANCES, INCLUDING ANY
APPLICABLE REQUIREMENTS AND STANDARDS FOR THE ISSUANCE OF A
LICENSE OR PERMIT TO ESTABLISH AND OPERATE THE PROPOSED USE
IN THE CITY OF ELK RIVER.
The Planning Commission recommends that the City Council approve the
applicants request for a conditional use permit to park a semi-tractor and
trailer on a residential (RIa) property with the following conditions:
1. THAT THE PERMIT APPLIES TO THE PARKING OF THE SEMI-TRACTOR
ONLY.
2. THAT ANY DRIVEWAYS SHALL BE WELL DEFINED, A MAXIMUM WIDTH OF
30 FEET AT THE STREET RIGHT-OF-WAY, AND PAVED WITH A DUST-FREE,
ALL-WEATHER SURFACE WITH PROPER SURFACE DRAINAGE, SUCH AS A
CLASS V GRAVEL, AS APPROVED BY THE CITY ENGINEER. ALSO, THAT
ALL DRIVEWAYS BE SETBACK 5 FEET FROM ANY PROPERTY LINES AND
PAVED PRIOR TO OCTOBER 1, 1999.
3. THAT IF A DRIVEWAY ACCESS OFF OF MEADOWVALE ROAD IS APPROVED
BY THE COUNTY, THE CITY MAY REQUIRE THE DRIVEWAY BE REMOVED
IF AND WHEN SEMI-TRACTOR PARKING IS NO LONGER NEEDED, OR IF
THE TRUCKING OPERATION INVOLVES MORE THAN ONE SEMI-TRACTOR
OR TRAILOR.
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Memo to the City Council/CU99- 7
May 17,1999
Page 6
4. THAT ANY VEHICLES ON THE PROPERTY BE LICENSED AND IN OPERABLE
CONDITION AND PARKED ON PARKED ON A DUST-FREE, ALL-WEATHER
SURFACE WITH PROPER SURFACE DRAINAGE.
5. THAT ANY EXPOSED EARTH BE PLANTED WITH SOD OR GRASS SEED AND
PROPERLY MAINTAINED.
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ZONING
MAP
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CASE:
CU 99-7
13065 Orono Parkway. P.O. Box 490
Elk River, MN 55330
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CHAPTER 5
PUBLIC NUISANCES AND ANIMALS
SECTION 500 - NUISANCES
500.00 - PUBLIC NUISANCE DEFINED
Whoever by act or failure to perform a legal duty intentionally
does any of the following is guilty of maintaining a public
nuisance, which is a misdemeanor:
1. Maintains or permits a condition which unreasonably annoys,
injures or endangers the safety, health, morals, comfort or
repose of any considerable number of members of the public.
2. Interferes with, obstructs, or rendors dangerous for passage
any public highway or right-of-way or waters used by the public.
3. Is guilty of any other act or omission declared by law to be
a public nuisance and for which no sentence is specifically
provided.
. 4. Permits real property under his control to be used to
maintain a public nuisance or leases the same knowing it will be
so used.
500.02 - PUBLIC NUISANCES AFFECTING HEALTH
The following are declared to be nuisances affecting public
health:
1. All ponds or pools of stagnant water.
2. All decayed or unwholesome food offered for sale to the
public.
3. Privy vaults and garbage cans which are not fly-tight and
trash receptacles of insufficient size so as to not eliminate the
storage of trash outside ~he covered receptacle.
4. The effluence from any cesspool, septic tank, or sewage
disposal system discharging upon the surface of the ground.
5. Accumulations of manure, rubbish, tin cans or other debris.
.
6. The pollution of any public well or cistern, stream or lake,
canal or body of water by sewage, industrial waste or other
substances.
5.1
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7. All noxious weeds and other rank growths of vegetation upon
Public or Private Property.
8. Dense smoke, noxious fumes, gas and soot, or sinders in such
quantities as to render the occupancy of the property
uncomfortable to a person or ordinary sensibilities.
In the enforcement and interpretation of this section, the City
shall take into account the fact that there is significant
diversity of uses in the City, particularly the fact that
substantial portions of the City are agricultural lands. Some of
the listed nuisances shall not be deemed to be nuisances when
they are reasonably conducted and related to productive
agricultural use of land.
500.04 - PUBLIC NUISANCES AFFECTING DECENCY
The following are declared to be nuisances affecting public
morals and decency:
1. All gambling devices, except thos~~ambling devices known as
paddlewheels or tipboards or apparatus used in conducting
raffles, provided that a license to operate such gambling device
has been obtained in accordance with the provisions of Section
716.00 et seq. of this Code.
2. Betting, bookmaking and all apparatus used in such
occupations.
500.06 - PUBLIC NUISANCES AFFECTING PEACE AND SAFETY
The following shall be declared to be nuisances affecting public
peace and safety:
1. All trees, hedges, billboards, or other obstructions which
prevent persons from having a clear view of all traffic
approaching an intersection.
2. The piling, storing or keeping of old machinery, junk or
debris or abandoned motor vehicles as defined by M.S. 168B within
the city.
3. The placing or throwing on any street, alley, road, highway,
sidewalk or other public property of any glass, tacks, nails,
bottles or other substances which may injure any person or animal
or damage any pneumatic tire when passing over the same.
4. The depositing of garbage, trash, rubbish, bottles, cans and
other refuse on a public right-of-way or on private property.
5. The outside storage of pipe, lumber, forms, machinery or
other occupational materials upon property in a residential
district and covering more than one percent (1%) of the total lot
area of such property.
5.2
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6. The parking of a truck tractor and/or trailer, or other
commercial type vehicle, excluding pickup trucks or vans, in
excess of seven (7,000) thousand pounds gross weight, on:
a. Public property within an area zoned residential;
b. Residential lots in all zoning districts, except the
R-IA and A-I Districts; and
c. Platted parcels and lots five (5) acres in size or
less in the R-IA and A-I Districts, unless a conditional use
permit for a home occupation has been granted.
7. The idling of a truck tractor in excess of fifteen (IS)
minutes from April 16th through October 31st; and thirty (30)
minutes from November 1st through April 15th.
8. Sidewalks that are not kept free of snow and ice during
normal business hours in commercial and~industrial zoned
districts and within 24 hours after a snowfall within residential
zoned districts.
In the enforcement and interpretation of this section, the City
shall take into account the fact that there is significant
diversity of uses in the City, particularly the fact that
substantial portions of the City are agricultural lands. Some of
the listed nuisances shall not be deemed to be nuisances when
they are reasonably conducted and related to productive
agricultural use of land.
500.08 - BUILDINGS OR STRUCTURES WHICH ENDANGER PUBLIC HEALTH.
SAFETY, OR PROPERTY WITHIN THE CITY
1. Any building or structure in the City which is found by the
Building and Zoning Administrator or the Fire Marshal to be
dangerous to public safety or health or to other property by
reason of:
A. Damage by fire; or
B. defective chimney or stovepipe; or
C. dilapidated condition or decay; or
D. defective electric wiring; or
E. defective gas installation; or
F. defective heating apparatus; or
G. defective sewage disposal system or plumbing; or
5.3
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H. any other defect endangering public safety or health or
other property; is hereby declared to be a nuisance
affecting public safety and health.
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2. The Building and Zoning Administrator or the Fire Marshal may
order such nuisance abated by ordering its repair, correction or
removal. Such order shall be in writing and shall order the
repair, correction or removal of the nuisance within thirty (30)
days or such other time as said Director or Fire Marshal shall
deem reasonable. Such order shall be served upon the owner,
lessee, or the occupant of the property involved, by mail or by
personal service. The order may provide that the building or
structure not be further used or occupied until repair or
correction of the defect.
500.10 - PUBLIC NUISANCES CAUSED BY SOUND
It is declared to be a public nuisance for any person to make or
assist in the making of any nuisance noise or any loud,
unnecessary or unusual sound or any saupd which annoys, disturbs
or affects the comfort, repose, health, peace, or safety of
others in the City.
500.12 - NUISANCE NOISES
.
The following are declared to be nuisance noises:
1. Horns or sirens. The sounding of any siren or any horn,
siren, or other signaling device on a motor vehicle except in
cases of eminent danger or emergency or blowing of a locomotive
whistle or steam whistle except to give notice of the time to
begin or stop work or as a warning of fire or danger.
2. Radios, phonographs, tape recorders, etc. The use or
operation of a radio receiving set, musical instrument,
phonograph, tape recorder or other machine or device used for
production or reproduction of sound at a volume in excess of that
reasonably necessary for the convenient hearing of the person or
persons in the room, vehicle, or chamber in which the same is
being operated.
The operation of any radio receiving set, musical instrument,
phonograph, tape recorder, or other machine or device for the
reproducing or producing of sound between 11:00 p.m. and 7:00
a.m. shall be prima facie evidence of a violation of this
ordinance if sound therefrom is plainly audible:
A; In an apartment or hallway of a multifamily building
adjacent to the unit where the device is operating.
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B. At the boundary of the real property on which the device
is operated.
5.4
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c. At a distance of 50 feet from any motor vehicle in which
the device is operating.
3. Loudspeakers, amplifiers and sound trucks. The use or
operation of any loudspeaker, sound amplifier, sound truck, or
vehicle equipped with sound amplifying devices or other machine
or device for the producing or reproducing of sound which is used
to attract the attention of the public to any building,
structure, business, vehicle, or other area.
4. Human noise. Yelling, shouting, screaming, whistling, or
singing at any time or place so as to annoy or disturb the quiet,
comfort, or repose of any persons in any office, dwelling, hotel,
motel, other place of residence, or in the
vicinity of the source.
5. Animal noises. The frequent or continued barking, howling,
or other noise from any animal or bird not confined within a
building.
6. Vehicle loadinq and exhausts. The ctischarge of the exhaust
of any motor vehicle into the ambient air except through a
muffler which is free of holes, cracks, or other defects. The
operation, loading, or unloading of any motor vehicle in such
manner as to create loud and unnecessary grading, grinding,
rattling, or other noise which shall disturb the comfort or
repose of any persons in the vicinity.
7. Construction activities. The erection, demolition,
alteration, or repair of any building or earth moving or
excavation activities occurring between the hours of 9:00 p.m.
and 6:00 a.m. Monday through Saturday or on Sunday except as
undertaken by persons working on single family residences
occupied by them or as authorized by the building inspector based
upon emergency for the protection of health and safety.
8. Schools courts, churches, and hospitals. Any activity which
generates sound occurring adjacent a school, court, church, or
hospital while the same are .in use and which unreasonably
interferes w{ih the use thereof.
9. Loud parties. .Sound emanating from any party or gathering
between the hours of 11:00 p.m. and 7:00 a.m. of a sufficient
volume so as to disturb the peace, quiet, or repose of other
Persons within the city.
It shall be prima facie evidence of a violation of this
ordinance if the sound of the party or gathering is audible to a
human ear at a distance of 50 feet from the building or dwelling
unit from which the sound emanates.
500.14 - PERSONS LIABLE
5.5
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Any person who participates in a party or gathering which
generates nuisance noise shall be guilty of maintaining a public
nuisance. In the event that any party or gathering is determined
by a city official to generate nuisance noise, all persons except
the owner or permanent occupant shall promptly leave the premises
in an orderly manner.
A violation of this ordinance shall be deemed to be the act of
the owner of the residential dwelling unit wherein it occurs, as
well as the persons on the premises who violate the ordinance,
except that the owner of a dwelling unit occupied by others shall
be liable only for those violations occurring after a written
notice of a violation of this ordinance shall have been received.
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5.6
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March 30, 1999
Gary Martin
20369 Meadowvale Road NW
Elk River, MN 55330
Dear Mr. Martin:
This letter is in regards to your conditional use perIilit application and the
April 27th, public hearing.
As I had mentioned on the phone, as part of any conditional use permit
application, City staff inspects the applicant's property for City Code
violations or other site issues. If there are code violations or other issues that
need to be addressed, conditions are added to the approval to remedy the
situation.
In the case of your request for a conditional use permit, staff has found many
violations of the City Code. As you know, there is a well documented history
of nuisance complaints regarding your property. Some of the violations
include:
· unimproved driveway surface
· driveway width at the street is in excess of 30 ft
· driveway entrance is undefined
· the fence is attached to your garage
· unlicensed vehicles
· car-parts and other debris on site
Because of the history of complaints and the violations of City code found on
your property, staff will recommend that the above mentioned issues be
addressed and that the property conform to City code prior to approval of a
conditional use permit. I am available to walk your property with you to help
you understand or address the above mentioned issues.
13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone: (6]2) 441-7420. Fax: (6]2) 441-7425
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Please call me at your convenience; my number is 441-2953.
Sincerely,
~/k/~
Stephen J. Wensman,
Planner.
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April 15, 1999
Mr. Gary Martin
20369 Meadowvale Rd
Elk River, MN 55330
Dear Gary,
On the evening of April 13, 1999, witnesses reported seeing your loaded truck traveling
on Victoria Lane. As you are well aware, all city streets are load restricted to 5-ton axle
weight unless otherwise posted. Victoria Lane is a 5-ton axle weight street.
.
This is the only warning that will be issued. Any future sUspect violations will be turned
over to the police for investigation and prosecution. Gary, you should also be aware that
the issues allowing you access from County Road 32 have not been resolved and this type
of action on your part can be very detrimental to the whole process.
If you have any questions, please contact me at 441-4910.
Sincerely,
Q~
Philip E. Hals
StreetlPark Superintendent
cc: Administrator Pat Klaers
Tom Zerwas, Police Chief
Steve Wensman, Planning Department
smo: file
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13065 Oreno Parkway. P.O. Box 490. Elk River. MN 55330. TDD & Phone: (61:2) 441-7420. Fax: (61:2) 441-74:25
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MEMORANDUM
TO:
FROM:
The Mayor and City Council
Laurie Mezera-Kerr, Environmental & Code ,~ii1'~
Enforcement Officer I
DATE:
May 17, 1999
SUBJECT: Conditional Use Permit Request -- Gary Martin
Mr. Martin has a nine year history of nuisance complaints filed against his
property. Mr. Martin's inaction in correcting these conditions has resulted in
excessive staff time and city expense. Therefore, as a condition of Mr. Martin's
conditional use permit, I am requesting that the following language be included:
.
. THAT THE PROPERTY BE MAINTAINED FREE OF RUBBISH OR DEBRIS.
If you may recall, our first semi truck applicant Mr. Gordon Mire, abided by these
same conditions. It has been my experience that home occupations dealing with
large equipment or construction trades can quickly accumulate the outdoor storage
of debris or rubbish.
Furthermore, because this is a conditional use, the business owner should uphold
all related nuisance codes associated with Chapter 5. If this condition is removed
from this case, it is questionable if it would be enforceable in similar cases in the
future.
.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425