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7.1. SR 06-21-1999 rll ----'\) ( ); tIl< ITEM 7.1. MEMORANDUM River TO: FROM: Mayor & City Council ~ Michele MCPherson~ector of Planning DATE: June 17, 1999 SUBJECT: Driveway at 20369 Meadowvale Road NW (Gary Martin) On May 17, 1999, the City Council approved Conditional Use Permit, CU 99-7, to allow Mr. Martin to park his semi-tractor on the above addressed property (minutes attached). On or about June 1, 1999, Mr. Martin began calling Planning Staff requesting permission to construct a driveway from Meadowvale Road (County Road 32). In his conversations with staff, he represented that he had been in contact with the Mayor. . On June 4, 1999 I spoke with the Mayor regarding Mr. Martin's claim and request for a driveway from Meadowvale Road. It was my understanding that the City supported this concept at one time, but withdrew its support during the Conditional Use Permit process (correspondence attached). The Mayor and I discussed the pros and cons of allowing Mr. Martin to have a driveway from Meadowvale Road. From staff's viewpoint, and based on Mr. Martin's past performance, the driveway could have been used as incentive to promote good behavior and compliance with the CUP conditions. The driveway could also invite parking of the trailer in addition to the tractor, thereby leading to an enforcement and possibly revocation of the CUP. The Mayor's position was that a driveway from Meadowvale Road would remove the Victoria Lane issue and keep the tractor out of the neighborhood. The Mayor directed staff to allow Mr. Martin to construct the driveway with the condition that he be responsible for all costs and that the City inspect it to ensure compliance with City and County standards. The driveway is also to be removed at the time the use ceases or the property is sold. On June 7, 1999, a letter was sent to Mr. Martin with the above conditions stated. It is staff's understanding that Mr. Martin has started the driveway without contacting the City regarding inspections. A letter will be sent reminding him of the need for inspection of the driveway and that he must comply with the conditions of the CUP. . 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Cn_Y'vj1l1qt't\V\ *,3(O~ '(Y\eadowvale-~,)JUJ tllJ. ~ \ \Ie. f' 1 yY\ N Job No: ~ 7~ I Book/Page: lroo / tf1 Scale:~'-;,~O' Date: 8- ]-q] o Denotes iron pipe set with a pla::.Uc plug stamped RLS 8194 or 13057. . Denotes iron pipe found. Drainage and Utility Easements are shown thus: .~ _L o I~ov.~~ -r'1pli: FuL.L. DA5E/'IIENj (lACr!) t _:t_ o r P (0 P oS E.O P,opoH:() Proposed b(I,'09':: Fef<.. E/tV.:: q(p(p, 5" t/_ (O~ o~ rQl.1Y1oo.-Uovl~ q(p4> 8 t/_ LoweSi rt.l~ E:lev ::Cj,q. I tj~ (3' Atlo". S1'~ "E-r1 PER C.LIEI-/T ) l-C\'ili SE-r e 'B\o~, c.ovl1er) y D~VIO-foe.J E)(WT/^/& E/<lV. BeVlch rv)ctr'~ ~ (1)!>.O, D ble. Sp'r<e /'" W. (ace P,Pole) IJf f. P~/e We;f or. V,clodo. Lane., S'ly ?/ ^ II/dovi'l kq..~s, Ln-t t.f, BI~ AI f.1EA!JoWVA\t€ FOu'E5T. ~ EXI.stlY\9 0 Y/1/-C:uJ", _.. .. fr"posed ~oY\drt/0V1~1 .. V 52.. P RIve.. w'\ ~ ... jr ve..](. ro. r lL. /1'1 e BLOC K \ lWO \ CAU.l'lON; OiVlev.s rYla.y c.lC\im ),;...~dS weS-1 o( en< I"OC'oc..hl"7fwt) o.'1cJ O((Jtpiu) Lf c:\v :\"!€..w"I.y. 00 ::\ 0' .)<:r ^' \ Ilo \. . /:' I.. ~ I "J ;:V ;- ,,Jl ~ Q. ~ l <v'l:>'>, o~ !~~/ v ~ N / '" ~ 'i",]" ~ ,/, 'lj \,~ .;0 ^ <a a -S"> ~ N ...J " ........"" ",':- " / ,. . " Lot If . Block J.. . MEADoWVALt: FO({E5T) 5I,erhL(rV1e Couvdy) MN:~ City Council Minutes May 17.1999 . 1. 2. . 3. 4. 5. 6. 7. 8. Page 10 A 10 FOOT WIDE TRAIL BE INSTALLED ALONG MEADOWVALE ROAD W7,IC.. . MEANDERS THROUGH THE TREES AND VARIES IN DISTANCE FROM MEADOWVALE ROAD, IN ORDER TO PRESERVE THE TREES. J PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY ATilE TIME OF FINAL PLAT BE PAID PRIOR TO RelEASING THE PLAT FOR RECO,iDING. / SURFACE WATER MANAGEMENT FEES TO BE PAID PRIOR TO RaEASING THE PLAT FOR RECORDING. ' 8. ALL NECESSARY WETLAND PERMITS BE OBTAINED PRIOR TO COMMENCING ANY WORK IN THE WETLANDS. 5. 6. 7. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO APPROVE THE/REQUEST BY MEADOWV ALE BUILDERS FOR A CONDITIONAL USE PERMIT, PUBlI<7HEARING CASE NO. CU 99-4, WITH THE FOLLOWING CONDITIONS: ,/ I ALL COMMENTS OUTLINED IN THE CIl/t' ENGINEER'S MEMOS DATED 3115/99 AND 4114/99 BE INCORPORATED n~:to THE PLANS. MINIMUM STREET WIDTH OF 24 ET SHALL BE PROVIDED. THE STREETS SHALL BE SIGNED FOR NO PARKING CONCRETE CURB AND G ER BE INSTALLED THROUGHOUT THE PROJECT. A MINIMUM DISTANC OF 22 FEET BE MAINTAINED BETWEEN ANY GARAGE AND THE ROADWAY /1 ALLLANDSCAP~ AREAS SHALL INCLUDE UNDERGROUND IRRIGATION. / THE TURN ARfl)UND AT THE SOUTH END SHALL BE SIZED APPROPRIATelY TO ACCOMM~DATE EMERGENCY VEHICLES. I STREET)dGHTS SHALL BE INSTALLED PER ELK RIVER UTILITIES. TH;,lREES TO BE PRESERVED AS SHOWN ON THE PLANS SHALL BE MARKED AND PROTECTED DURING CONSTRUCTION. IF ANY OF THESE TREES DIE ;WITHIN 2 YEARS OF COMPLETION OF CONSTRUCTION, THE DEVelOPER SHALL I REPLACE THOSE TREES WITH AN EQUAL NUMBER OF CALIPER INCHES OF J TREES THAT MEET THE CITY REQUIREMENTS FOR SIZE AND SPECIES. /' POUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10. . Reauest by Gary Martin for Conditional Use Permit to Park Semi in Residential Zonina District. Public Hearina Case No. CU 99-7 Staff report by Steve Wensman. Gary Martin has requested a conditional use permit to park a semi-tractor and trailer on a residential (Rl a) property. Steve reviewed the history of complaints filed by Meadowvale Forest residents. He noted that over the years. 3 different staff members tried unsuccessfully to City Council Minutes May 17. 1999 Page 11 . address the nuisance problems. Steve indicated that the Planning Commission recommended approval of the request with the conditions outlined in the staff report and with the additional condition that the parking be restricted to parking of the semi-tractor only. Steve indicated that if the Council decided to approve the conditional use permit staff asks that conditions be included to clean up the debris on the property and that the applicant comply with the city's nuisance ordinance. Mayor Klinzing opened the public hearing. Gary Balcom, 10450 Victoria Lane, expressed his concern regarding the noise. smell. and smoke from the semi tractor. He asked that if the Council approves the conditional use permit that the permit be revoked if Mr. Martin violates the nuisance ordinance. He stated that he has safety concerns in allowing Mr. Martin to bring a trailer home. as well as the impact on the proposed overlay. Mr. Balcom stated that having a semi trailer in a residential neighborhood is unsightly and affects their property values. Joe Miske, 20431 Meadowvale Road, indicated that if he had known there would be a semi parked in his neighborhood he would not have bought his property. He indicated that he did not have a problem with Mr. Martin parking the tractor only in his yard. . Gary Martin, applicant, indicated that he owns his own tractor and parks it in his yard one or two times per week. He stated that he has mufflers on the truck now. so that it runs quieter. Mr. Martin felt that since he pays taxes for the roads. he should not be denied access to his property. Mr. Martin stated he is still working with Sherburne County to obtain a driveway permit onto Meadowvale Road. He noted that he realized that his yard was a mess and he is in the process of cleaning it up. Mr. Martin explained that he does not operate a home business. nor does he store equipment on his property. Mr. Martin indicated he is a responsible. cautious driver and obeys weight restrictions. Steve Stoffers, 14029 Victoria Lane, stated he was concerned that if the new road overlay was done on Victoria Lane. it would be destroyed by Mr. Martin backing a trailer into his driveway. He also expressed his concern for safety. Mr. Stoffers did not feel it was necessary for Mr. Martin to bring his tractor or trailer home. since the company Mr. Martin works for has a secured. fenced parking lot in Zimmerman. Mark Grimmer, 20446 Meadowvale Road, stated his objection to Mr. Martin being allowed an access onto Meadowvale Road and having the city pay for it since he previously tried to obtain one at his own cost and was denied. Mr. Grimmer also expressed concerns regarding safety of the 19 children living on Victoria Lane. damage to the road and decreased property values from having a semi tractor and trailer parked in the neighborhood. Mr. Grimmer stated he does not object to allowing Mr. Martin to park the tractor only on his property. . Steve Stoffers, 14029 Victoria Lane, asked if Mr. Martin would be doing any maintenance on his tractor. Mr. Martin stated he may occasionally repair lights. but oil changes and any other maintenance would be done off-site. Mr. Martin explained that if he were granted the access from the county road. he would not need to back his trailer into his driveway. He noted that he could park his tractor City Council Minutes May 17.1999 Page 12 and trailer at DaRan's lot but it is a convenience to park it at his home, especially . when he is only going to be home for a short period of time. Joan Scheer, 1109 School Street, stated she did not feel that residents present should have the right to speak on behalf of the entire neighborhood. There being no further comments from the public, Mayor Klinzing closed the public hearing. Discussion followed regarding whether or not it would be appropriate to approve the semi tractor only. Councilmember Thompson expressed his concern that Mr. Martin's actions have affected a large number of semi tractor drivers in the city that have not caused any problems. MAYOR KLINZING MOVED TO APPROVE THE REQUEST BY GARY MARTIN FOR A CONDITIONAL USE PERMIT TO PARK A SEMI-TRACTOR ON RESIDENTIAL PROPERTY, PUBLIC HEARING CASE NO. CU 99-7, 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. 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. . 3. 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. 6. THAT THE PROPERTY BE MAINTAINED FREE OF RUBBISH OR DEBRIS. 7. THAT THE PROPERTY OWNER COMPLY WITH THE CITY'S NUISANCE ORDINANCE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.11. Request bv Associated Developers. Inc. for Preliminary Plat (Elk River Crossina). Public Hearina Case No. P 98-8 6.12. Request bv Associated Developers. Inc. for Conditional Use Permit Public Hearina Case No. CU 98-26 Staff report by Scott Harlicker. Associated Developers has requested preliminary plat approval to subdivide 70.71 acres into 9 commercial lots and 2 outlots. They . City Council Minutes May 17,1999 Page 12 . and trailer at DaRan's lot, but it is a convenience to park it at his home, especially when he is only going to be home for a short period of time. Joan Scheer, 1109 School Street, stated she did not feel that residents present should have the right to speak on behalf of the entire neighborhood. There being no further comments from the public, Mayor Klinzing closed the public hearing. Discussion followed regarding whether or not it would be appropriate to approve the semi tractor only. Councilmember Thompson expressed his concern that Mr. Martin's actions have affected a large number of semi tractor drivers in the city that have not caused any problems. MAYOR KLINZING MOVED TO APPROVE THE REQUEST BY GARY MARTIN FOR A CONDITIONAL USE PERMIT TO PARK A SEMI-TRACTOR ON RESIDENTIAL PROPERTY, PUBLIC HEARING CASE NO. CU 99-7, 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. 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. . 3. 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. 6. THAT THE PROPERTY BE MAINTAINED FREE OF RUBBISH OR DEBRIS. 7. THAT THE PROPERTY OWNER COMPLY WITH THE CITY'S NUISANCE ORDINANCE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. .------ ---- 6.11. ---",- Reauest by Associated Developers, Inc. for Preliminary Plat (Elk River ~iTiq): ---+~.-- Public Hearinq Case No. P 98-8 __/-- .---- Reauest by Associated Developers, Inc. for C9.nditkmaTUse Permit. Public Hearino Case No. CU 98-26 .--- /- -- 6.12. . Staff report by..$GettHarii~ker. Associated Developers has requested preliminary _---.~VOI to subdivide 70.71 acres into 9 commercia/lots and 2 outlots. They rei -\j ( )j till June 7, 1999 Mr. Gary Martin 20369 Meadowvale Road Elk River, MN 55330 Dear Gary: The City of Elk River has been given permission by Sherburne County to grant a temporary access permit onto County Road 32 in order for you to construct a driveway onto County Road 32. The driveway installation must be to the County standards and will be removed when ownership of the property changes or when the need for truck parking on the property ceases. . The City of Elk River will allow the driveway access onto County Road 32 in order to minimize the driving of the semi-tractor on Victoria Lane, however, the City is no longer interested in installing the driveway or paying for the installation. Those costs, including City oversight and inspection,will be your responsibility. It is not the City's policy to install driveways for its residents. Please call me if you have any questions at 441-4902 s~ce:e ~a~ M~le McPherson, Planning Director . 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 . . e e 20369 Meadowvale Road NW Elk River, MN 55330 April 27, 1999 Sherburne County Highway Engineer Department A lTENTlON: MR. DAVE SCHARTlNG 11380 Highway 10 Elk River, MN 55330 Dear Mr. Scharting: This letter is written in request for a driveway access off County Road 32 onto the property described as Lot 4, BlOck 2, Meadowvale Forest, 20369 Meadowvale Road NW, Elk River, MN. I do respect any suggestions or comments you may have in regards to this matter. Please call me at (612)241-4804 with any questions, suggestions, or comments. I do greatly appreciate and thank you for your time. /~rr'Y"'1{M- G~ jms rC; ---'\j ( )j tli{ River 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 Street/Park Superintendent cc: Administrator Pat Klaers Tom Zerwas, Police Chief Steve Wensman, Planning Department smo: file . 13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. TOO & Phone: (612) 441-7420. Fax: (612) 441-7425 '-,. Sherburne County PUBLIC WORKS DEPARTMENT . September 10, 1998 Terry Mauer, P.E. City of Elk River, 13065 Orono Pkwy Elk River, MN. 55330 P. O. Box 338 425 Jackson A venue Elk River, MN 55330 m(612) 441-1722 · 800-594-5208 Re: Driveway Access for Gary Martin; Dear Mr. Mauer; As per your request for a special access onto CR 32 for Gary Martin at 20369 Meadowvale Road, Sherburne County will honor your request for a temporary access pennit and waive al] fees. The City of E]k River will oversee or do the installation of the entrance to our standards and remove it when ownership or usage changes. Ilu have any questions, please call me at 441-1722. Sincerely, ~-d.L-' Richard D. Corbin Sherburne County Public Works . An Equal Opportunity Employer "-""'~~1It"""~'---'~ ...----'-"'U . . . IMSAI , I f8\SlLTIlG nGIUIRS Formerly MSA Consulting Engineers Howard R. Green Company CONSULTING ENGINEERS August 5, 1998 File: 803350J-0071 Mr. Dave Schwarting Sherburne County Engineer Sherburne County Highway Department PO Box 338 425 Jackson Avenue Elk River, MN 55330 RE: COUNTY ROAD 32 DRIVEWAY REQUEST Dear Mr. Schwarting: Enclosed is a letter from Mr. Gary Martin of 20369 Meadowvale Road (County Road 32), requesting a driveway onto his property from the County Road. We understand that this request does not meet the County guidelines, and will likely be denied. The City of Elk River is hereby requesting that the County reconsider the denial of this driveway request, and approve it. Mr. Martin drives a semi-truck, which he keeps at his property. The driveway off of County Road 32 would allow Mr. Martin to enter and exit his property with minimal use of the local street, Victoria Lane. Mr. Martin often brings his loaded trailer home, and we are concerned that by driving through the residential street, he will subject that road to unnecessary loads. The City would like this driveway request approved in the City's name. It is the City's intent to do the work necessary to install this driveway if approved. The City would like the ability to remove the driveway if Mr. Martin moves or no longer needs to bring his semi-truck and trailer home to his property. Please let us know if you need any additional information. Sincerely, Howard R. Green Company ~ ;:t&l1/jptl!aatftv Terry J. rvr:urer, P.E. City Engineer T JM/st Enclosures cc: Pat Klaers, City Administrator O:\PROJ\803350j\350-0501.aug.doc 1326 Energy Park Drive. 51. Paul, MN 55108 . 612/644-4389 fax 612/644-9446 toll free 888/368-4389 . .' . e e July 10, 1998 Gary Martin 20369 Meadowvale Rd Elk River, MN 55330 Re: Driveway Approach from Meadowvale Road Dear Gary, We have contacted Sherburne County and the process is as follows: You need to request the driveway installation from Meadowvale Road in some form similar to the letter enclosed. Sherburne County will deny your request. The City of Elk River will then request the driveway approach on your behalf with the following stipulations: · If you no longer own the property or no longer operate a semi tractor and trailer, the driveway may be removed. · If your trucking operation involves more than one semi tractor and trailer parked at your residence at the same time, the driveway may be removed. · If neighborhood complaints and concerns regarding your truck operation become an issue, the City may have to look at an ordinance to control truck operations in a residential zone. If you have any questions or if I can be of further assistance, please contact me at 441-4910. Sincerely, Phil Hals Street / Park Superintendent smo: flie Encl: e e ,j . July 10, 1998 Dave Schwarting Sherburne County Engineer PO Box 338 425 Jackson Ave Elk River, MN 55330 Re: 20369 Meadowvale Road Dear Mr. Schwarting, I would like to request a driveway approach to access my property from Meadowvale Road (County Road 32) at the above referenced address. The approach would need to be on the west end of my property with at least a 16 . foot wide roadway surface. Thank you for your consideration. Sincerely, Gary Martin 20369 Meadowvale Road Elk River, MN 55330 .