4.1. DRAFT MINUTES 10-23-2018
Meeting of the
Elk River Planning Commission
Held at the Elk River City Hall
Tuesday, September 25, 2018
Members Present: Chair Eric Johnson, Commissioners Jill Larson-Vito, Robert
Rydberg, Alexander Feinstein, Mike Nicholas, and John Jordan
Members Absent: Commissioner Brad Thiel
Staff Present: Planning Manager Zack Carlton and Sr. Administrative
Assistant/Recording Secretary Jennifer Green
1. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River Planning
Commission was called to order at 6:58 p.m. by Chair Johnson.
2. Consider September 25, 2018, Planning Commission Agenda
Moved by Commissioner Larson-Vito and seconded by Commissioner
Feinstein to approve the September 25, 2018, Planning Commission agenda.
Motion carried 6-0.
3.1 Consider August 28, 2018, Planning Commission Minutes
Moved by Commissioner Larson-Vito and seconded by Commissioner
Feinstein to approve the August 28, 2018, Planning Commission minutes.
Motion carried 6-0.
4.1. Cheapest Cars Ever LLC – 17242 Ulysses St. NW
Conditional Use Permit amendment to allow motor vehicle repair shop and
five additional vehicles displayed “for sale,” Case No. CU 18-16
Mr. Carlton presented the staff report. He distributed updated conditions which
were provided to the applicant earlier today. He explained that the added conditions
were based on findings from a visit earlier in the day and explained that the
inoperable vehicles and trailers being stored outside were from another tenant in the
building.
Chair Johnson opened the public hearing.
Ahmed Habeeb, the applicant, stated he was the owner of the building and was
available to answer questions about what staff saw on the property today. He stated
the vehicles dropped off the day before (09-24-18) were supposed to be moved
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today to other places, noting they weren’t intending to use that area as storage and
explained another tenant needed to store their items there due to a vehicle running
into the building. He stated his business provides after-sales service but not repairs
like a mechanical shop. He stated that he receives cars from out-of-state, which are
dropped off, then picked up and sent to another place for body work. He wants to
do after-sales stuff and cars may need some minor repairs and he wants to be able to
do that inside the garage.
Commissioner Larson-Vito asked Mr. Habeeb if he was ok with the set of conditions
that were distributed.
Mr. Habeeb stated he was fine with the 13 conditions, stating he does not do
painting nor do they do storage. He explained he cannot fix things outside because
of the weather and he isn’t planning to do a mechanical repair shop but rather after-
sales items on cars. He clarified the items stored outside now were from the owner
of Suite B because of damage done to the other side of the building.
Commissioner Rydberg asked for clarification of ownership of the building, how
many sales people worked for him, and what type and how many vehicles were in
their inventory.
Mr. Habeeb stated he was not the owner but a renter of the building and has two
employees, himself and a partner. He stated he receives vehicles from auctions and
sells them all on-line for $1,000 under the market value, making them the cheapest
cars around. He stated they sell 5-7 vehicles on the weekends. He stated most sales
occur with two weeks after receiving a car.
Commissioner Rydberg stated they are off the beaten path and asked how he
markets his business.
Mr. Habeeb stated all advertising is done on- line and offers the cheapest cars so
people come from all over the state and country.
There being no one else to speak, Chair Johnson closed the public hearing.
Moved by Commissioner Larson-Vito and seconded by Commissioner
Feinstein to recommend approval of the request by Cheapest Cars Ever LLC
for the Conditional Use Permit with the following conditions:
1. The number of motor vehicle sales dealers shall be limited to one (1).
2. No more than 10 for sale vehicles may be displayed on the subject
property.
3. The building shall provide all proper exhaust and venting as required
by the building code.
4. The applicant and/or property owner must apply for all required
building and electrical permits (such as for paint booths) before any
associated activities can occur.
5. The city building official and fire marshal shall inspect the building for
compliance with all state and local building codes.
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6. Sound attenuation shall be installed to mitigate noise to neighboring
tenants.
7. All motor vehicle repairs or finishing shall occur inside the building.
8. Exterior doors shall be closed while any motor vehicle repair or
finishing occurs.
9. No outdoor storage of damaged or inoperable vehicles shall be
allowed.
10. Outdoor storage shall comply with Section 30-807.
11. Paints, chemicals, or other hazardous materials shall be handled and
disposed of in accordance with the Minnesota Pollution Control
Agency (MPCA).
12. The applicant and/or property owner shall ensure vehicles stored on
the parking lot do not leak fuels or other hazardous materials into the
stormwater pond to the west of the parking lot.
13. Parking stalls shall be striped in accordance with City Ordinance,
Section 30-892.
Motion carried 6-0.
4.3 River Walk – 17354 Zane St. NW ~ continued from August 28, 2018
Zone Change – from FAST to PUD, Case No. ZC 18-05
Conditional Use Permit to Establish a PUD, Case No. CU 18-15
Mr. Carlton presented the staff report and requested these items be continued to the
October 23, 2018, Planning Commission meeting.
Chair Johnson opened the public hearing and asked that it be continued to October
23, 2018.
Moved by Commissioner Rydberg and seconded by Commissioner Jordan to
continue the public hearing for the two River Walk items, Zone Change ZC
18-05 and Conditional Use Permit CU 18-15 to the October 23, 2018, Planning
Commission meeting.
Motion carried 6-0.
5. General Business
There was no general business. Mr. Carlton indicated that Commissioner Larson–
Vito is the City Council liaison for the October 15, 2018, meeting.
6. City Council Liaison Update
Councilmember Wagner was not present at the meeting. Mr. Carlton discussed the
items presented at the last City Council meeting.
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7. Adjournment
The meeting was adjourned at 7:14 p.m.
Minutes prepared by Jennifer Green.
___________________
Tina Allard
City Clerk
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Eric Johnson
Planning Commission Chair