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5.1 .(_r A\. i - Item# 5. 1 . y of _ , itt MEMORANDUM lkRiver TO: Planning Commission FROM: Stephen Wensman, Planner (,\.) DATE: April 27, 1999 SUBJECT: Request by Gary Martin for a Conditional Use Permit, Public Hearing Case No. CU 99-7 Request Please consider a request by the applicant for a conditional use permit to park a semi-tractor and trailer on a residential (Rla) property. Location 411 20369 Meadowvale Road, Elk River (Lot 4, Block 2 Meadowvale Forest). Zoning/Land Use R1a (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 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 Rla district. The applicant routinely parks a trailer overnight and over weekends. The new ordinance requires a conditional use permit to park and • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425 Memo to Planning Commission/CU99-7 April 27, 1999 Page 2 • store semi-tractors and trailers on property with less than 5 acres in the Rla zoning district. Complaint 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. • Existing 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 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 f:\shrdoc\planning\stevewen\pcmmo\cu99-7pc.doc Memo to Planning Commission/CU99-7 April 27, 1999 Page 3 411, 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. Proposed Driveway 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. It is unclear whether or not the applicant has followed through with a request for County Road access. Denial for Noncompliance If the Planning Commission recommends denial of a conditional use permit or the Council orders such denial, 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. 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. • \shrdoc\planning\stevewen\pcmmo\cu99-7pc.doc Memo to Planning Commission/CU99-7 April 27, 1999 Page 4 • 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 Planning Commission recommend denial of the applicants request for a conditional use permit to park a semi-tractor and trailer on a residential (Rla) property and because of the many unresolved nuisance violations and complaints. Recommendation Staff recommends that the Planning Commission recommend denial of the applicants request for a conditional use permit to park a semi-tractor and trailer on a residential (Rla) 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 III 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 Commission would like to recommend approval, then staff recommends the following conditions: 1. 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. ALSO, THAT ALL DRIVEWAYS BE SETBACK 5 FEET FROM ANY PROPERTY LINES AND PAVED PRIOR TO OCTOBER 1, 1999. 2. 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. • f:\shrdoc\planning\stevewen\pcmmo\cu99-7pc.doc Memo to Planning Commission/CU99-7 April 27, 1999 Page 5 • 3. 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. 4. THAT THE PROPERTY BE MAINTAINED FREE OF RUBBISH OR DEBRIS 5. THAT ANY EXPOSED EARTH BE PLANTED WITH SOD OR GRASS SEED AND PROPERLY MAINTAINED. II IIII f:\shrdoc\planning\stevewen\pcmmo\cu99-7pc.doc • • 200TH 206TH .. .1 204TH 20380L., ii ,1V-174:t.. .mill f LOCATION ill T. l a LNZ TROLS CITY PAW I �202/40 zo,sr 11â!Ii$il_ii. 7.14 I FIUo IP I u "mum 1,&,MP. .IIII! ri.no.. zoom M 111111.101111 Et my surile I IP Aga? 0©11 INB 199TH a ME 11/001W31_ mm sign 198TH ' �IC,:PA���` 0 or—,i, 6 • l'"'"- , �r �• 197TH ,ice ( **; 198TH ,ssTH \lite• IIP■ 1st!� ...................... Ni%1 61 a T., QIILpf A � MI 4.R ,94THe... .—. • III ` PARK i 193RD ••i ` 1 g reel fi/ nen •...... 192ND 111400,41,in mi. ..,, ... . •• ' all ilag )1M 4. Mika Filliial". ,91ST --, , ( .It �,el���.r�r..�ALA / Pte' , •rc;vi' Artip -tim.„-: l 19°TH FL, Y�E�a �G `torn,,,, 1...v. p wmo �r.e.d1 ! eiti.nbinirz;;u:• 12L\��fJe• i� P-( --\( N / ZONING CitMAPfEl$hjver 13065 Orono Parkway •P.O. Box 490 CASE: CU 99`7 Elk River, MN 55330 - --/b'O6Ol - -- 49'L6Z 9919/ ' • . i N.1 dh 03 No 00, N Ops r��. c h cti% / 1L , 00. / /r, / 126'81-- b �. 0 \r" �5.0o �'376.8/ 1 (1.\° 2; s 4.70 / �° \ `le,4 / - 23vc • •. �tiros' O'er -._...._ • °o V _Q• "� �� / is•9 Nd41)„,,i is./ P. , 'a 79 _ 11'.*- '4-... `.fr.1 0.„...,.......i. at I`.- s4,7 • O n.(,4- oh OQ• 1;2I /. z 0_, .if ii \M4 /7. )11t0,'S tri 03 . 4`,C4-i. ,:4 ,../) ,4,"0 // 404 re N � a tri •tri I \ �°�' y' °.�A` 4^ _ I �� �� ,.0. /E---.7-___ o :1 r • o c / ...-- / . 9 :a ' • O/ c 40 cl. i‘l) 4,, <- , _________ ... ,. > ,, ,.. ‹oc, , k.,,e o % ? 0 >, `,,, ..., • ,..\ \ k4) • 1')Y off• C > • . 4 t► tovi /� J •,' • S 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 renders 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 the 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 7 . All noxious weeds and other rank growths of vegetation upon Public or Private Property. 411 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 those- gambling 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. 411 5.2 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-1A and A-1 Districts; and c. Platted parcels and lots five (5) acres in size or less in the R-1A and A-1 Districts, unless a conditional use permit for a home occupation has been granted. 7 . The idling of a truck tractor in excess of fifteen (15) 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 H. any other defect endangering public safety or health or other property; is hereby declared to be a nuisance affecting public safety and health. 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 s_aupd 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, 410 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. B. At the boundary of the real property on which the device is operated. 5.4 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 loading and exhausts. The discharge 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 with 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 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. • 5.6 c � / A( of " E1k Ri ver 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 permit 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: (612) 441-7420 • Fax: (612) 441-7425 • Please call me at your convenience; my number is 441-2953. Sincerely, 0#4,./. 44W/ie.— Stephen J. Wensman, Planner. • • ofd' � 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, Philip E. Hals Street/Park Superintendent cc: Administrator Pat Klaers Tom Zerwas, Police Chief Steve Wensman, Planning Department smo: file • 13065 Oreno Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425