7.2. SR 03-16-2020Request for Action
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public Hearings March 16, 2020 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Conditional Use Permit: Operate Auto Repair Zack Carlton, Planning Manager
Facility, Racin’ Repair, Jason Ryan, 14115 Ranch
Reviewed by
Road
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Conditional Use Permit with the following
conditions to satisfy the standards set forth in Section 30-654:
1. The building shall be inspected by the city building official and
fire marshal to verify compliance with all building and fire
codes and identified violations must be addressed prior to
issuance of new building permits for the property.
2. Nine parking stalls shall be provided a minimum of 10 feet
from any property line.
3. All driving areas and parking areas shall be paved with an
approved surface (asphalt, concrete, or class 5).
4. An amendment to this Conditional Use Permit will be required
for future expansions/additions not shown on the site plan
dated March 12, 2020.
5. Any future proposed hardcover shall meet the 45-foot wetland
setback.
6. All septic systems must provide a certificate of compliance or
notice of noncompliance for the existing septic system and
must be signed by a licensed inspection business or by a
qualified employee certified as an inspector who is authorized
by the local unit of government. The certificate of compliance
or notice of noncompliance must be submitted to the local
unit of government no later than 15 days after any compliance
inspection.
7. Follow Minnesota Pollution Control Agency guidelines for chemical waste and secondary runoff controls.
8. There shall be no repair or maintenance of vehicles outside of the building.
9. All openings to the accessory structure be closed when the business is in operation.
10. Car, truck, RV, and marine sales shall not be allowed.
11. All vehicles stored on the premises shall be stored within an area which is screened by a 7 (seven)-
foot high 100% opaque fence.
12. All driving areas and parking areas shall be bounded by B612 concrete curb and gutter.
Background/Discussion
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 R1a where Home Occupations within an Accessory Structure require a
Conditional Use Permit (CUP).
The applicant is seeking a CUP to operate a motor vehicle repair shop in an existing 2,560 sq. ft. detached
accessory structure (shop) on the subject property (14115 Ranch Rd. NW). Motor vehicle repairs outside
of the Urban Service District are allowed as a Home Occupation in residential districts.
Planning Commission
A commissioner asked what prevents this business from growing and turning into a junkyard. Staff indicated
junkyards are regulated separately and it would be addressed through different means if necessary. Since the
meeting, staff has asked the applicant for a site plan showing where the fence will be installed. This
document will regulate how many vehicles can be stored on site. If the applicant wanted to make this area
larger in the future, they would need to amend their CUP.
During the meeting, the only condition the applicant had an issue with was the concrete curb and gutter
condition. The commission agreed it was not needed and recommended it be removed. Staff maintained the
condition in the recommendation as the City Council needs to grant an exemption to the requirement. The
Council may grant the exemption if installing concrete curb and gutter presents a hardship due to the
uniqueness of the business or other conditions.
Building/Fire Codes and Permits for Home Occupations
Staff seeks Council direction on how to fairly treat home occupations versus commercial businesses, as well
as what level of building/fire code enforcement city staff should apply to home occupations.
The building code and city ordinance state a home occupation in a residential district needs to follow all the
same building/fire codes and regulations a commercial business needs to in a commercial zone.
Section 30-83 (c)(1) states: With each application for a building permit, and when required by the building official for
enforcement of any provisions of this article, two sets of plans and specifications shall be submitted…
Section 30-83 (c)(2) states: All plans and specifications, except for single-family dwellings, or any other buildings exempted
by Minnesota Statute or the Minnesota State Building Code, shall be prepared and signed by a registered architect or a registered
professional engineer duly qualified by registration as required by Minn. Stats. § 326.02.
This indicates all building permits, except for single family dwellings, need to have plans signed by a
registered architect or register professional engineer. This then requires the building to meet all applicable
building/fire codes and subsequent inspections and enforcement.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99, the required 60-day review period ends on March 23, 2020.
Attachments
Planning Commission Memo dated March 10, 2020
Site Plan dated March 12, 2020
Request for Action
ver
To
Item Number
Planning Commission
3.2
Agenda Section
Meeting Date
Prepared by
Public Hearin s
March 10, 2020
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Racin' Repair — Jason Ryan — 14115 Ranch Rd. NW
Zack Carlton, Planning Manager
Reviewed by
Conditional Use Permit to operate an auto repair
facility, Case No. CU 20-04
Action Requested
Recommend, by motion, approval of the Conditional Use Permit
with the following conditions to satisfy the standards set forth in
Section 30-654:
1. The building shall be inspected by the city's Building
Official and Fire Marshal to verify compliance with all
building and fire codes and identified violations must be
addressed prior to issuance of new building permits for the
property.
2. Nine (9) parking stalls shall be provided a minimum of 10
feet from any property line.
3. All driving areas and parking areas shall be paved with an
approved surface (asphalt, concrete, or class 5).
4. All driving areas and parking areas shall be bounded by
B612 concrete curb and gutter.
5. Any future proposed hardcover shall meet the 45-foot
wetland setback.
6. All septic systems must provide a certificate of compliance
or notice of noncompliance for the existing septic system
and must be signed by a licensed inspection business or by a
qualified employee certified as an inspector who is
authorized by the local unit of government. The certificate
of compliance or notice of noncompliance must be
submitted to the local unit of government no later than 15
days after any compliance inspection.
Follow Minnesota Pollution Control Agency (MPCA) guidelines for chemical waste and
secondary runoff controls.
There shall be no repair or maintenance of vehicles outside of the building.
9. All openings to the accessory structure be closed when the business is in operation.
10. Car, truck, RV, and marine sales shall not be allowed.
11. All vehicles stored on the premises shall be stored within an area which is screened by a 7 (seven) -
foot high 100% opaque fence.
The Elk River Vision
A nie1coming community nvith revolutionary and sjiirited resourcefulness, exceptional p o w E n E o e r
service, and community engagement that encourages and inspires prosperity g /,U®
Background/Discussion
The property is zoned R1a where Home Occupations within an Accessory Structure require a
Conditional Use Permit (CUP).
The applicant is seeking a CUP to operate a motor vehicle repair shop in an existing 2,560 sq. ft. detached
accessory structure (shop) on the subject property (14115 Ranch Rd. NW). Motor vehicle repairs outside
of the Urban Service District are allowed as a Home Occupation in residential districts.
The application has been operating the shop full time for 8 years and part time since 1995. The city
recently received an inquiry regarding the use and contacted the applicant to inform him that a CUP was
required. The city has not received any complaints or police calls regarding the operation of the business.
West of the subject parcel is a 21.60-acre undeveloped parcel (owned by Great River Energy) and a 39.52-
acre undeveloped parcel across the road to the south. The property directly the east is 11.68-acres in size
and contains a single-family home approximately 980-feet from the shop. The property east of the 11.68-
acre parcel is a 45.38-acre vacant parcel. Another residence, to the southwest, is approximately 730 feet
away from the shop.
Applicable Regulations
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:
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 orgeneral Y)elfare of the neighborhood or the city.
Most of the properties in the immediate vicinity are vacant or the house structures are set back a
significant distance. 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. The city has not received any
complaints or police calls regarding the operation of the business.
Staff does not see a need to impose specific conditions to satisfy this standard.
2. Weill be consistent Y)ith the Comprehensive Plan.
The property is guided for single family residential uses where home occupations are allowed. It
will be consistent with the Comprehensive Plan.
Staff does not see a need to impose specific conditions to satisfy this standard.
3. mill not impede the normal and orderly development and improvement of surrounding vacant property.
While there are several vacant properties surrounding the subject parcel, the use, with the
proposed conditions, should 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. mill be served adequately by and mill not adversely affect essential public facilities and services including streets,
police and fire protection, drainage, refuse disposal, Yvater and senver systems, parks and schools; and Y411 not, in
particular, create trac congestion or interference nvith traffic on adjacent and neighboring public thoroughfares.
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.
While the use will not adversely affect essential public facilities, staff does recommend all septic
systems provide a certificate of compliance or notice of noncompliance, for the existing septic
system, and must be signed by a licensed inspection business or by a qualified employee certified
as an inspector who is authorized by the local unit of government. The certificate of compliance
or notice of noncompliance must be submitted to the local unit of government no later than 15
days after any compliance inspection.
This property has a wetland basin on the northeast and east portion of the property and extending
to cover much of the north portion of the property. The existing buildings do not meet the
wetland setback requirements. Any future proposed hardcover would need to meet the 45-foot
wetland setback and total hardcover for the site should not exceed 25% due to the location in the
shoreland district. Given the nature of this business, there are concerns about protecting the
wetlands on site. The applicant should make improvements to the site to ensure materials from the
business do not negatively impact the wedand, including eliminating any potential runoff. It is
recommended the applicant follow Minnesota Pollution Control Agency (MPCA) guidelines for
chemical waste and secondary runoff controls.
5. WIN not involve uses, activities, processes, materials, equipment and conditions of operation that Yvill be detrimental
to any persons or property because of excessive trafc, noise, smoke, fumes, glare, odors, dust or vibrations.
Traffic, noise, fumes/odors, parking, and hazardous materials can be detrimental if not accounted
for. To help mitigate noise concerns, staff is recommending there be no repair or maintenance of
vehicles outside of the building and all openings to the accessory structure be closed when the
business is in operation.
The ordinance requires parking for auto repair to be one parking space for each 300 square feet of
floor area (2,560/300 = 9 stalls) and all parking area shall be set back 10-feet from property lines.
Section 30-900 states all off-street parking areas and access drives shall be paved with asphalt,
concrete, pavers, or Class V compacted to maintain a dust free surface.
Section 30-901 states all driving areas and parking areas shall be bounded by B612 concrete curb
and gutter.
6. W>ill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
While staff is recommending site work, no additional buildings are being proposed. With the
proposed conditions, the use should not result in the destruction, loss or damage of a natural,
scenic or historic feature of major importance.
Any future proposed hardcover would need to meet the 45-foot wetland setback and total
hardcover for the site should not exceed 25% due to the location in the shoreland district.
7. Willfully corrrply nith all other requirements of this Code, including any applicable requirements and standards for
the issuance of a license orpermit to establish and operate the proposed use in the city.
While this application is a Home Occupation in a residential zone, the use operates no differently
than a commercial business in a commercial zone. The building code does not differentiate
between a business operating with only one person (the owner) versus multiple employees
working in the space.
If a single -family -zoned parcel has a cabinet making home occupation, should it follow all building
codes and regulations a commercial cabinet making business does in a commercial zone? The
building code would state yes.
City staff has struggled with how to interpret this regarding approved conditional home
occupations. Does the structure need to be designed by a licensed architect, per ordinance, to
ensure all building codes and regulations are met to protect employee(s) and customers; does it
need to meet ADA compliance for access and restrooms; does it need a fire suppression system;
how are hazardous/flammable materials stored and disposed of; or should Home Occupations be
exempt from the building and fire codes? This criterion (#7) for approval of a CUP says: Willfully
comply Y,,ith 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.
Staff understands treating a Home Occupation like a "regular business" has additional financial
and time encumbrances, but staff also understands other "regular businesses" need to endure
these financial and time encumbrances to operate.
As the City Council often approves the following condition on a CUP, "the building shall be
inspected by the city's Building Official and Fire Marshal to verify compliance with all building and
fire codes...", staff is seeking direction from the Planning Commission and City Council on how
to fairly treat a home occupation.
Staff recommends full compliance with all commercial building code requirements.
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 March 23, 2020.
Council Meeting
If acted on, this item will go to the March 16, 2020, City Council meeting.
Attachments
■ Location Map
■ Applicant's Narrative
■ Site Plan
■ Building Plan
N
Racin Repair Inc is a 5 bay auto repair shop that focuses on building relationships in the
community. I'm open Monday thru Friday from gam to 5:30 pm. I have one employee, myself. There are
7 parking spaces in front of the building and 5 to the east side of the building. I do oil changes, engines,
suspension, brakes, exhaust, transmissions and all systems that support a vehicle's mechanical &
electrical systems. I'm an ASE Certified Master Automobile Technician with over 30 years of experience.
My customers are mostly from Elk River, they're my neighbors, my neighbor's friends and family, they're
also other business owners in the community. I pride myself in providing superior customer service and
helping everyone in the community by providing quality repairs and value for their vehicles. My
customers aren't transactions, they're relationships built on trust and positive experiences surrounding
their repair needs. I also help people keep their classic automobiles working properly and helping them
to enjoy their classic cars by improving on their drivability, performance and reliability allowing them to
keep a family classic in the family for many years and generations to come. All of my repairs are done
with my customers best interest in mind. The foundation of my business is based on long-lasting
relationships. I always offer a thorough explanation and education of the repairs to my customers so
they can feel confident about the decision they're making about the repairs.
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