4.1. PCSR 09-28-2021
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity. Updated: August 2020
Request for Action
To
Planning Commission
Item Number
4.1
Agenda Section
Public Hearings
Meeting Date
September 28, 2021
Prepared by
Chris Leeseberg, Senior Planner
Item Description
Job Wimpfheimer, 13182 Ranch Rd. NW
Conditional Use Permit for a Home
Occupation to operate a commercial auto repair
shop, Case No. CU 21-14
Reviewed by
Zack Carlton, Planning Manager
Reviewed by
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 building official and
fire marshal to verify compliance with commercial building,
electrical, plumbing, and fire codes and identified violations
must be addressed prior to issuance of new building permits
for the property.
2. An amendment to this Conditional Use Permit will be required
for future expansions/additions not shown on the site plan
dated August 31, 2021.
3. There shall be no repair or maintenance of vehicles outside of
the building.
4. All openings to the accessory structure be closed when the
business is in operation.
5. Four (4) customer parking stalls shall be provided a minimum
of 10 feet from any property line. These stalls are not to be
used for the storage of vehicles being worked on.
6. All customer vehicles stored on the premises must be stored
within an area which is screened from view in the public right-
of-way by a 6 (six)- foot high 100% opaque fence.
7. Car, truck, RV, and marine sales shall not be allowed.
8. All proposed hardcover shall meet the 45-foot wetland setback.
9. 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.
10. Follow Minnesota Pollution Control Agency guidelines for chemical waste and secondary runoff controls.
11. All driving areas and parking areas shall be paved with an approved surface (asphalt, concrete, or class 5).
N:\Departments\Community Development\Planning\Case Files\CUP\CU 21-14 Wimpfheimer\4-Planning Commission\4.1 sr.docx
12. All driving areas and parking areas shall be bounded by B612 concrete curb and gutter.
Background/Discussion
The property is 4.89 acres and zoned R1a single family residential where home occupations occurring in accessory
structures require a Conditional Use Permit (CUP). The applicant is seeking a CUP to operate a commercial auto
repair business out of their detached accessory structure.
Approximately half of the subject parcel is wetland, and a large electrical line/easement runs through the center of
the parcel. West of the subject parcel is a 9.13-acre undeveloped parcel which is mostly wetlands. The remaining
adjacent parcels are all developed as single-family residential properties ranging is size from 2.5 to 6.74 acres.
An existing privacy fence and large trees block most of the public view from the road. A house about 700 feet to
the west, across the wetland, may have sight lines to the subject area.
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:
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.
With the recommended conditions, 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.
2. Will be consistent with the comprehensive plan.
The property is guided Rural Residential, to be developed as residential use in areas outside of the Urban
Service Area that are not currently served by municipal sewer and water. Residential uses allow for Home
Occupations, with some uses requiring a CUP, providing due process for the neighbors. The request is
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.
The only vacant parcel is the 9.13-acre parcel west of the subject parcel, which is mostly wetlands and
likely undevelopable. 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.
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
N:\Departments\Community Development\Planning\Case Files\CUP\CU 21-14 Wimpfheimer\4-Planning Commission\4.1 sr.docx
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.
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 (1,200/300 = 4 stalls) and all parking areas shall be set back 10-feet from property lines. There is
area for parking of four vehicles in the driveway. These parking spots are intended for customer parking
and not for storage of vehicles being worked on. Staff is recommending all customer vehicles stored on
the premises must be stored within an area which is screened from view in the public right-of-way by a 6
(six)- foot high 100% opaque fence.
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. The curbing requirement can be
waived by the City Council.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
There are wetlands present on the west side of this property near the proposed driveway and additional
storage area. It appears the existing shop is within the city’s 45’ structure setback. Any new structure,
driveway, paving or other impervious surface must be located at least 45’ from the wetland edge. The
applicant may need a wetland delineation completed to determine the wetland boundary and setbacks will
be determined from that location. Staff is recommending all proposed hardcover shall meet the 45-foot
wetland setback.
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.
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.
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.
The building code and city ordinance state a home occupation in a residential district needs to follow all
the same building, electrical, plumbing, and 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…
N:\Departments\Community Development\Planning\Case Files\CUP\CU 21-14 Wimpfheimer\4-Planning Commission\4.1 sr.docx
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, electrical, plumbing, and fire codes and subsequent inspections and enforcement.
Staff recommends full compliance with all commercial building, electrical, plumbing, and fire 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
Mission/Policy/Goal
Work with citizens to achieve goals
Help, not hinder citizen quality of life
Attachments
Location Map
Applicant’s Narrative
Site Plan
Floor Plan
Site Photos