7.1 SR 10-18-2021it ci
Elk*
River
Request for Action
To
Item Number
Mayor and City Council
7.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
October 18, 2021
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Conditional Use Permit: Home Occupation to
Zack Carlton, Planning Manager
Operate Commercial Auto Repair Shop at
Reviewed by
13182 Ranch Road, Job Wimpfheimer of
Cal Portner, City Administrator
Freedom Automotive, LLC
Action Requested
Approve, by motion, the Conditional Use Permit with the following
conditions to satisfy the standards set forth in Section 30-654:
I_
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 " cR33
for the property.
2. An amendment to this Conditional Use Permit will be required
for future expansions not shown on the site plan
P
dated August 31, 202E �- RR
3. There shall be no repair or maintenance of vehicles outside of
the building. Hwy 16".+
4. All openings to the accessory structure be closed when the _ cR 12
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 ti
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. Figure i
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).
12. Hours of operation shall be Monday through Saturday, 8:00 a.m. to 6:00 p.m.
The Elk River Vision P O E R E o [NTRjA
n elcoming community avith revolutionary and spirited resourcefulness, exceptional AU
service, and community engagement that encourages and inspires prosperity. Updated. August 2020
13. All driving areas and parking areas shall be bounded by B612 concrete curb and gutter.
Background/Discussion
Case Number CU 21-14
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 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 in 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.
Planning Commission Meeting
During the public hearing, two residents spoke and questioned the number of cars stored outside, signage, noise,
chemicals, drainage, fire suppression, and CUP duration. The applicant indicated he will be utilizing approved
containers from a company that will hold the used oil and used coolant and wants to do everything the correct way
to avoid harming the environment because he lives there also.
It was clarified the use will need to comply with city noise ordinances, the building will need to meet commercial
code standards, vehicles being worked on would need to remain in the fenced area, applicant would be required to
follow PCA standards, and an approved CUP stays with the property, not with the landowner.
Since the meeting, the applicant indicated he wishes to have the curb and gutter condition removed indicating if he
is not allowed to work outside, there is no concern of contaminated runoff.
The hours of operation were discussed and want to add a condition stating the hours of operation shall be
Monday through Saturday, 8:00 a.m. to 6:00 p.m.
The Planning Commission unanimously recommend approval of the request adding an additional condition
outlining hours of operation.
Financial Impact
None
Mission/Policy/Goal
■ Work with citizens to achieve goals
■ Help, not hinder citizen quality of life
Attachments
■ Planning Commission Memo dated September 28, 2021
N:\Public Bodies\Agenda Packets\10-18-2021\Final\7.1 sr.docx
Request for Action
ver
To
Item Number
Planning Commission
4.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
September 28, 2021
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Job Wimpfheimer, 13182 Ranch Rd. NW
Zack Carlton, Planning Manager
Conditional Use Permit for a Home
Reviewed by
Occupation to operate a commercial auto repair
shop, Case No. CU 21-14
Action Requested
Recommend, by motion, approval of the Conditional Use Permit with
the following conditions to satisfy the standards set forth in Section t
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 cR 33
must be addressed prior to issuance of new building permits
w
for the property.
2. An amendment to this Conditional Use Permit will be required
for future expansions/additions not shown on the site plan RR
dated August 31, 2021.
3. There shall be no repair or maintenance of vehicles outside of
the building. -= , _ cR 12 . --
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 y
used for the storage of vehicles being worked on. '.AY
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. Figure
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).
The Elk River Vision rNATUREE]
I 1 E I E I I
A avelcoming community With revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and insires pro perity. Updated. August 2020
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. mill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity or the public
health, safety, morals, comfort, convenience orgeneral nv fare 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. mill be consistent n4th 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. mill 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. mill be served adequately by and mill not adversely affect essential public facilities and services including streets, police and fare
protection, drainage, refuse disposal, n.,ater and sewer systems, parks and schools; and mill not, in particular, create traffic
congestion or interference nrith 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\Comfnunity Development\Plamiing\Case Files\CUP\CU 21-14 Wimpf timer\4-Planning Commission\4.1 sz.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. mill not involve uses, activities, processes, materials, equipment and conditions of operation that nod 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. mill 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. mill fully eo*ywitb 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.
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\Commiuiity Development\Plamung\Case Files\CUP\CU 21-14 Wimpf timer\4-Planning Commission\4.1 sz.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
N:\Departments\Commiuiity Development\Plamung\Case Files\CUP\CU 21-14 Wimpf timer\4-Planning Commission\4.1 sz.docx
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Description of Project Narrative
The narrative is your opportunity to describe, promote, and sell your proposal to the Planning
Commission and/or City Council before the meeting(s). A typewritten narrative explaining your
request in detail should include, but not limited to, all the following applicable information:
- Detailed description/scope of project.
Hello, my name is Job Wimpfheimer, and I am looking to start an Auto Repair shop out of my
already existing detached garage. I have been working in the field for the past 15 years and
currently commute to Hopkins for work. I would like to bring my expertise and devotion to quality
auto repairs to the Elk River community.
I believe that my vision for this small business is consistent with the City of Elk River
Comprehensive Plan. I am proud to be a part of the Elk River community and take ownership
and pride in protecting the historic, small town feel of our city. Having a locally run, small auto
repair shop that community members can receive services from allows for that small town feel
that the Elk River strives for. Members of our community can come to a trustworthy, quality auto
shop and know that they are getting the best service. I strive to develop relationships with my
customers that leave them feeling confident and comfortable with the work that is being done on
their car. I recognize that creating and maintaining strong neighborhoods is important to the city
of Elk River. This auto repair shop will not interfere with the aesthetics and function of the city.
My property is outside of a residential neighborhood and has a long driveway down to the shop.
Parking of cars waiting to be worked on will be done with care and in designated spots. There
will be a limited number of cars on site at any given time as work will be completed by
appointments. Keeping Elk River a safe place to live includes ensuring that vehicles are
receiving proper maintenance and repairs. I take pride in my attention to detail and safety when
diagnosing and repairing vehicles. This is a huge responsibility and one that I do not take lightly.
All work that I complete for my shop will follow best practices for environmental protection.
Thank you for your consideration of this conditional use permit. I believe that this auto repair
shop would be a great addition to Elk River and I look forward to serving our community.
Hours of Operation
Hours of operation would be Monday -Thursday 9am-5pm, Friday 9am-3pm, and Saturday by
appointment only.
Number of Employees
I would be the only employee of this auto repair shop.
Number of parking stalls, existing and additional
There would be 4 parking stalls within the driveway of the shop. There is already an existing
privacy fence and large trees that would block the view of these cars from the road. Diagnostics
and repairs will be completed by appointment and the number of cars on sight at one time will be
Iim ited.
- Proposed building materials
I will be using the existing building, no additional buildings being added.
- Signage — (at time of installation, a separate permit is required for each sign)
For signs, I am proposing one sign at the end of the property by the street. The proposed size
would be 24"x36." In addition, I am proposing 2 signs on the garage/shop building. One attached
to the front of the shop and one on the side door entrance.
- Is there outdoor storage?
- No outdoor storage except for cars being parked that are waiting for repair.
Erosion Control
I have read, understand, and agree to the erosion control measures as outlined in Sections
30-972, 30-416, and all other locations of Elk River City Code and agree to install or implement
the measures upon approval by the City of Elk River. I understand that failure to implement
these measures may result in immediate suspension and possible restoration and mitigation
measures.
Applicant Si(
Print Name:
Date: ag��/
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Conditional Use Permit
Auto Repair
Wimpfheimer
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Case No. CU 21-14
Cotiditionq,l Use Permit River
Background
■ 4.89 acres
■ R1 a single family residential
■ Home occupations in accessory structure = CUP
■ CUP to operate a commercial auto repair business
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CUP Requirements
■ PCs analysis of the application shows compliance with four (1-
4) of the seven standards required for approval of the CUP
• With the recommended conditions, the remaining three
standards (5-7) should comply
■ 5 - Traffic, noise, fumes/odors, parking, and hazardous
materials can be detrimental if not accounted for
■ 6 - Wetlands present on the west side of this property near the
proposed driveway and additional storage area
■ 7 - Will fully comply with all other requirements of this Code
Planning Commission
■ Several comments received during PH:
■ Number of cars stored outside
■ Signage
■ Noise
■ Chemicals
■ Drainage
■ Fire suppression
■ CUP duration
■ Many concerns addressed through permitting
■ PC support for commercial building standards
Planning Commission
■ Applicant
■ Indicated will store and dispose of fluids property to avoid
harming environment, as he lives there also
■ Asked the curb and gutter requirement be removed
■ Understood commercial permit requirements
■ Spoken to Building Official regarding standards
■ The PC unanimously recommend approval of the request
adding an additional condition outlining hours of operation
Action Requested
■ Approve, by motion, the CUP with the conditions outlined in
the memo
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