4.3. PCSR 09-24-2019
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
The property is zoned Highway Commercial (C3) where auto body repair requires a Conditional Use
Permit (CUP). The applicant is requesting an amendment to their existing CUP (CU 16-09) to expand
their auto body repair business located at 21475 US Highway 169.
The property is bound by US Highway 169 on the west with a commercial concrete business across the
highway, two properties the applicant owns to the south, and the ERX Motor Park (an off-road racing
facility) to the east and north.
The property contains two structures. The pole building at approximately 2,300 sqft and the “house”
structure is approximately 1,500 sqft.
The applicant needs additional shop space (approximately 9,000 sqft) and will be constructing a new
separate building south of the “house” structure. The “house” structure will be utilized as office space.
The applicant has indicated there will be no outdoor storage.
The applicant has been operating the business on the adjoining property since 1998 and on the subject
parcel since 2016. Staff is unaware of any concerns, issues, or complaints with the use on the subject
property. In 2016, the properties zoning classification was change to C-3 Highway Commercial, allowing
the commercial use.
Analysis
Comprehensive Plan
The Gravel Mining Area Land Use, Transportation, and Utility Plan guide the properties for Highway
Business uses where commercial uses are allowed and encouraged. The proposed use is consistent with
the Comprehensive Plan.
Transportation/Circulation
Access to the site is off US Highway 169 in the northwest corner of the site. A portion of the driveway
crosses over the neighboring property to the north. The driveway is located within the setback
requirements but does not require a variance as it is an existing driveway.
Runoff from this new impervious surface (gravel is defined as impervious per MPCA guidelines) must be
treated.
Parking
The parking requirements for the proposed uses are one stall for every 300 square feet of area. The three
building are 12,900 square feet in size, requiring 43 stalls. Section 30-901 states all driving areas and
parking areas shall be bounded by B612 concrete curb and gutter.
The submitted plan does not indicate where these 43 stalls will be located. Prior to the City Council
review, the applicant will be required to submit a scaled site plan showing the required number of parking
stalls, paving material, and B612 concrete curb and gutter. If the applicant can demonstrate 43 stalls are
not initially needed, they will need to show proof of parking on the site.
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Utilities
The subject site has two active septic tanks and two active drainfields. The applicant will need to provide
certificates of compliance for the commercial activities.
Grading/Drainage
All areas of impervious surface must be treated. The applicant shall submit calculations and designs of
stormwater Best Management Practices (BMP’s) that meet this. This may include the need for a
stormwater holding pond.
Landscaping
A great deal of the property has been cleared of the existing mature trees. While the ordinance does not
prevent this, it does require specific amounts of landscaping with new development and allows
landscaping credit for existing trees. The extent of the tree removal is not known and the applicant will
need to provide documentation they have enough credit for trees or submit a landscape plan showing the
required amount of landscaping.
Applicable Regulation
In approving a Conditional Use Permit, the council may impose such specific conditions with regard to
the development or operation of the proposed use as it considers necessary to satisfy the seven standards
set forth in Section 30-654 and the requirements contained in this article and to promote compatibility
with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city.
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
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.
Industrial and off-road racing facility uses surround the property. The use 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.
Staff does not see a need to impose specific conditions to satisfy this standard.
2. Will be consistent with the Comprehensive Plan.
The use will be consistent with the Comprehensive Plan.
Staff does not see a need to impose specific conditions to satisfy this standard.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
As the surrounding properties are currently being utilized, the use will not impede the normal and
orderly development and improvement of surrounding vacant property.
Staff does not see a need to impose specific conditions to satisfy this standard.
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.
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The use 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.
Staff does not see a need to impose specific conditions to satisfy this standard.
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.
The use 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.
Staff does not see a need to impose specific conditions to satisfy this standard.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
There are no natural, scenic, or historic features on site. The use will not result in the destruction,
loss or damage of a natural, scenic or historic feature of major importance.
Staff does not see a need to impose specific conditions to satisfy this standard.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for
the issuance of a license or permit to establish and operate the proposed use in the city.
The use will fully comply with all other requirements of this Code, including any applicable
requirements and standards for the issuance of a license or permit to establish and operate the
proposed use in the city.
The recommended conditions are to ensure all other requirements are complied with.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30-654.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99, the required 60-day review period ends on September 23, 2019, but the applicant
has requested an extension. A 60-day extension letter has been sent to the applicant.
Council Meeting
If acted on, this item will go to the October 21, 2019, City Council meeting.
Attachments
Location Map
Site Plan
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