5.1 ity of Item# 5.1.
.lk River MEMORANDUM
TO: The Planning Commission
FROM: Stephen Wensman, Planner
DATE: June 27, 2000
SUBJECT: Request for a Conditional Use Permit for Semi-
Tractor Parking, Public Hearing Case No. CU 00-18
Request
Fred A. Rainbolt is requesting a conditional use permit to park his semi-
tractor at his residence in the Rla zoning district.
• Location
19619 Tyler Street NW, The north 330 feet of the west 437.5 feet of the
northwest 1/ of the northeast quarter, except the west 181.5 feet of the north
165 feet, Section 26, Township 33, Range 26.
Zoning/Land Use
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
• Location Map
• Certificate of Survey
• Detail of front yard
• City Ordinance 500.06
Overview
The applicant is requesting a conditional use permit to park his semi-tractor
on his property in the Rla zoning district. The 2.61-acre parcel is located
• south of the Oak Meadows subdivision and across Tyler Street from the Oak
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD&Phone: (612)441-7420 • Fax: (612)441-7425
Memo to the Planning Commission/CU 00-18
June 27,2000
Page 2
Hills First Addition subdivision. The property is mostly low land with the
• house and driveway on the high ground at the northwest corner of the
property.
A conditional use permit is required because the property is less than 5 acres
in the Ria zoning district.
A video of the site has been prepared by City staff to assist with the review of
the site by Commission and Council.
Complaint History
The conditional use permit is being applied for partially in response to a
neighbor's complaint. The complaint was primarily regarding the close
proximity of the parking to the neighbor's bedroom windows, noise, diesel
fumes and hours of operation.
Tractor Parking
The tractor without a trailer is presently being parked on the north property
line about 25 feet from the neighbor's house. This is the only location on the
property suitable for parking because the remaining property is at an
• elevation below Tyler Street. The parking is screened from the neighbor's
house and property by a large pine and a 2-3 foot high wall with a 6-foot fence
above it. The parking surface area consists of crushed concrete and asphalt
and river rock.
Analysis
There are no other suitable locations for parking of the semi-tractor on the
property. The existing screening appears adequate to minimize the visual
presence of the tractor parking. To minimize the effects of the parking on the
neighboring properties, the Commission may want to consider limiting hours
of operation to regular business hours, limit idling periods, have the
applicant provide more screening on or off-site, or deny this conditional use
permit request and eliminate the use altogether.
Recommendation
Staff recommends that the Planning Commission recommend to the City
Council one of the following:
A. Approval of the request for a conditional use permit to park a semi-tractor
• with the following conditions:
\\elkriver\sys\shrdoc\planning\stevewe n\pcmmo\cu00-18.doc
Memo to the Planning Commission/CU 00-18
June 27,2000
Page 3
• • THAT THE HOURS OF OPERATION BE LIMITED TO BETWEEN THE
HOURS OF 6 AM TO 10 PM.
• THAT ADDITIONAL VEGETATIVE SCREENING BE PROVIDED BETWEEN
THE PARKING AREA AND THE NEIGHBOR'S HOUSE TO PROVIDE A
BUFFER FROM NOISE AND DIESEL FUMES.
B. Denial of the request for a conditional use permit to park a semi-tractor
because of the site constraints and its undue effects on adjoining
properties.
•
•
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13065 Orono Parkway • P.O. Box 490 CASE: CU 00-
Elk River, MN 55330
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• l Nami,acsr aauEK r no nw'4Y ar nuc /or Sec.Zfa,twv 33,R. EAST • •
i ,' c hemi E or THE. 4°TOW NEW 43753
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o , z O c`' DESCRIPTION
LWQ }•e m The north 330 feet of the west 437.5
0... 5 feet of the Northwest Quarter of the
QQ GTL �J Northeast Quarter of Section 26,
N hP ` Township 33, Range 26, Sherburne
kph County, Minnesota, except that part
12• ti. /� described as follows: Beginning at
the northwest corner of said
N i /79 1 Northwest Quarter of the Northeast
J___� /. WEST �� Quarter; thence East, along the north
�� <- 8 N ru line of said Northwest Quarter of the
33.00 i moa 8 146.7/
'�� = Ri n - O M Northeast Quarter, adistance of
ln• 181.5 feet; thence South.at right
l9A for I 0rl a angles 165 feet;. thence West at right
N
iets angles 181.5 feet; thence North to
` !t Ii I the point of beginning.
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8i I hereby certify that this survey,
E5 "j plan or report was prepared by me or
� I under my direct supervision and that
�/ I I am a duly Registered Land Surveyor
under the laws of the State of
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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.
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
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