7.1 SR 10-17-2022it ci
Elk*
River
Request for Action
To
Item Number
Mayor and City Council
7.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
October 17, 2022
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Conditional Use Permit: Home Occupation for
Zack Carlton, Community Development Director
JC Styles Hair Salon, 329 Morton Avenue
Reviewed by
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 visible compliance with commercial building,
electrical, plumbing, and fire codes and identified visible 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 x
future expansions/additions.
RR
3. Four (4) customer parking stalls shall be provided a minimum of 5
feet from side and rear property lines. These stalls are not to be used Hwy ,o
for personal vehicles during business hours.
4. City approved turf be established by June 1, 2023, in the right-of-
way areas outside of the maximum 30' driveway width.
5. All driving areas and parking areas shall be paved with an approved
surface (asphalt, concrete, or class 5).
6. All driving areas and parking areas shall be bounded by B612
concrete curb and gutter.
7. Follow Minnesota Pollution Control Agency guidelines for chemical
waste and secondary runoff controls. Figure i
CR 33
1M:■1a
�P
yhy
/69
A minimum 440 square of accessory structure needs to receive a
Certificate of Occupancy prior to the Conditional Use Permit being recorded and the salon being operated.
All outstanding code violations, as of October 17, 2022, shall be closed prior to beginning operation.
Background/Discussion
Case No. CU 22-13 - The property is zoned R-lc (single family residential) where home occupations operated in
an accessory structure require a Conditional Use Permit (CUP). The applicant is seeking a CUP to operate a two -
station hair salon in her existing attached garage.
The property was going to be reviewed for a second CUP for an outdoor storage construction business (CU 22-
20) but the applicant has withdrawn that application as they are closing the construction business.
The Elk River Vision P I I E I E 0 0 Y
A n elcoming community with revolutionary and spirited resourcefulness, exceptional INATUREI
service, and community engagement that encourages and inspires prosperity. Updated. August 2020
Planning Commission
During the public hearing, several residents spoke questioning increased traffic, parking (on street and grass), salon
chemicals, and construction supplies stored on site.
The property has had several "parking on unimproved surfaces" violations in the past that have been closed.
There currently is an open violation for vehicles "parking on unimproved surfaces" and the need to receive a CUP
for the construction business. Staff will continue to monitor the shutdown of the construction business and
associated outdoor storage of materials.
It is understood there will be various vehicles on site during construction, but the applicant's day-to-day vehicles
need to be parked on an approved surface.
It was clarified that the chemicals associated with the salon will be regulated by the state building code, MPCA,
and with licensing through the Board of Cosmetology.
The Commission had questions related to the enforcement of the construction business and if conditions could be
added to this application to clean up the construction materials and what past code violations there were. They
recommended a condition be added stating all outstanding code violations shall be closed before CUP is recorded
and the salon can operate.
The commission unanimously recommended approval of the request.
Since the commission meeting, the applicant indicated she felt most of the comments were not regarding the
salon, except the chemicals. She asked if there was a way to keep comments related to the salon.
Chemicals and Commercial Reviews
Staff reviewed two submitted documents relating to various chemicals utilized in hair salons. These articles outline
the possible effects of the various chemicals used in salons and the potential long-term effects on the hairdressers
who are exposed to them daily. Staff did not find reference the flammability/explosive qualities of the chemicals.
As this proposed business shows, the need for proper ventilation for staff, customers, and neighbors is essential
and why the city must require home occupations to have an architect design the facility and to follow all the same
building, electrical, plumbing, and fire codes and regulations of a commercial business.
Financial Impact
None
Mission/Policy/Goal
■ Responsibly grow
■ Ethical, efficient, and responsible
■ Help, not hinder citizen quality of life
■ Reflect the culture of citizens and what is important to majority
Attachments
■ Planning Commission Memo dated September 27, 2022
■ Resident Comments
0 Code Enforcement Activities
Request for Action
Ciry nf
Elk
River
To
Item Number
Planning Commission
4.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
September 27, 2022
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Charity Dellwo of JC Styles Hair Salon —
Zack Carlton, Community Development Director
Reviewed by
329 Morton Ave. NW
Conditional Use Permit for a Home
Occupation (beauty salon), Case No. CU 22-13
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 visible compliance with commercial
building, electrical, plumbing, and fire codes and identified " cR sa
visible violations must be addressed prior to issuance of new
P
building permits for the property.
2. An amendment to this Conditional Use Permit will be required
for future expansions/additions. RR
3. Four (4) customer parking stalls shall be provided a minimum
of 5 feet from side and rear property lines. These stalls are not Hwy is
to be used for personal vehicles during business hours.. _ cR 12
4. City approved turf be established by June 1, 2023, in the right-
of-way areas outside of the maximum 30' driveway width.
5. All driving areas and parking areas shall be paved with an -
approved surface (asphalt, concrete, or class 5).
6. All driving areas and parking areas shall be bounded by B612 y�
concrete curb and gutter. %69
7. Follow Minnesota Pollution Control Agency guidelines for
chemical waste and secondary runoff controls.
8. A minimum 440 square of accessory structure needs to receive Figure I
a Certificate of Occupancy prior to the Conditional Use Permit being recorded and the salon being
operated.
Background/Discussion
The property is zoned R-1c (single family residential) where home occupations operated in an accessory structure
require a Conditional Use Permit (CUP). The applicant is seeking a CUP to operate a two -station hair salon in her
existing attached garage. The attached garage is the only garage on the property and converting it to a salon will
make the property non -conforming as the ordinance requires residential homes to have a minimum 440 sq. ft.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
PINEREI 11
[NATURE
Updated. August 2020
(20x22) garage. To have the property maintain conformance, a new appropriately sized garage will need to be built
and receive a certificate of occupancy prior to the applicant being able to operate the salon, if approved, in the
existing converted garage space. As of September 20, 2022, they began digging for a 24' x 24' detached accessory
structure.
The property was going to be reviewed for a second CUP for an outdoor storage construction business (CU 22-
20) but the applicant has withdrawn that application as they are closing the business.
Public Comments
Staff received two letters, one email, two voicemails, and had two phone conversations regarding the proposed
project. The concerns received/discussed during the phone calls are outlined below:
■ Construction business not approved
■ Construction material/equipment in back yard
■ Dumpster on property for months
■ Parking on the lawn in the past — Class 5 has been installed
■ Increased traffic on streets — Especially with events occurring in downtown
■ Chemical & fuel storage — Safety for persons and property. Is there a worry about the spread of fire?
■ Vehicle noise along with minibike and ATV use
■ General appearance/condition of the property
■ Commercial uses moving into the residential area
As for the non -approved construction business, staff informed the applicant a separate CUP will be required for
the business to continue, and they submitted a CUP application (CU 22-20) on August 29, 2022. Again, this
request has been withdrawn.
Applicable Regulations for a Home Occupation Hair Salon
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:
mill 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 n elfare of the neighborhood or the city.
While this application is for 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 in a residential zone to one being run in a commercial zone.
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. This is where
chemical and ventilation concerns would be addressed (see standard #7 below). The applicant was
encouraged to reach out to the building department regarding what building codes may be required.
Staff recommends full compliance with all commercial building, electrical, plumbing, and fire code
requirements.
2. mill be consistent nith the comprehensive plan.
The property is guided Mixed Residential which consists of neighborhoods with multiple housing types,
including single-family detached, townhomes, duplexes, and small-scale multi -family buildings. 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 vacantproperty.
The subject parcel is in the older part of the downtown area and there is no vacant property in the area.
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 will not adversely affect essential public facilities and services including streets, police and fare
protection, drainage, refuse di posal, water and server systems, parks and schools; and will not, in particular, create traf c
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
schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and
neighboring public thoroughfares.
The ordinance limits driveway widths at the front property line to 30-feet wide. 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 will be detrimental to any
persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
Traffic concerns are frequently raised during land use requests like this, and staff is recommending that
four parking stalls (2 current customers + 2 waiting customers) be provided onsite to ensure 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. Again, chemical and ventilation concerns would be addressed through the permitting
process.
Staff does not see a need to impose specific conditions, that already have not been, to satisfy this standard.
6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
As the request is proposed in an existing structure, 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. mill 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.
Again, 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 in a residential zone to one being run in a commercial zone.
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...
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
■ Responsibly grow
■ Ethical, efficient, and responsible
■ Help, not hinder citizen quality of life
■ Reflect the culture of citizens and what is important to majority
Attachments
■ Location Map
■ Applicant's Narrative
■ Site Plans
■ Garage Plans/Elevations
■ 60 Day Extension Letter
20
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8-0175
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Case No: CU 22-13
ElLk.
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Legal description for 329 Morton ave NW, Elk river Mn 55330 in regards to Conditional Use Permit.
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5-408-0170
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08-HOULTON'S ADDITION
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Sec.33 T33N R26W
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Lot 14, Block 1, Houlton's Addition to the Vigage of Elk River, EXCEPT the South 2.25 feet of said Lot 14, Block 1,
1
according to the plat thereof on file and of record in the office of the County Recorder, Sherbume County,
Des
Minnesota. AND Those parts of Lots 1 and 2, Block 1, Houlton's Addition to the Village of Elk River, lying
rip
Southwesterly of a line parallel with and 80 feet distant in a Northeasterly direction from the Southerly line of said
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Lots I and 2, being a part of the Northeast Quarter of the Southeast Quarter of Section 33, Township 33, Range 26,
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Sherburne County Minnesota, EXCEPT the Northerly 40 feet of the Southerly 80 feet of Lots I and 2, Block 1,
Houlton's Addition to the Village of Elk River, Sherburne County, '.y,rFrescta.
Description of project Narrative:
To convert attached existing garage into a 2 station hair salon. There would be only myself working
in the salon. Hours would vary but would be Monday's 8--2, Tuesday's 8-7, Friday's 8-2 and an
occasional Saturday 8-2. There are currently 2 parking spots directly in front of where salon entrance
would be. I would have a 24"x24" sign on the garage by salon entrance and also a 12"X 5" sign on
the lightpost at the end of the driveway.
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Chris Leeseberg AUG 19 2022
Senior Planner
Community Development
3065 Orono Pkwy NW,
Elk River, MN 55330
I am in receipt of your notice of a request by Charity Dellow for a
conditional use permit for a beauty parlor within her house at this
address. I live in this neighborhood. I have no objection to the beauty
parlor but her family also operates a construction company from
their home at this address and I do not know if they have a use
permit for that or not. I would request you visit the home because of
this as they have numerous vehicles kept on this property in addition
to a large open dumpster, empty pallets, various construction
related equipment etc etc which is a real eye sore and they also
store some of this at the next property due north of their property in
which I understand is owned and inhabited by a close relative of
hers. I object strongly to this mess and their construction company
operating out of this residence. Thank you for your attention to this
matter.
Leeseberg, Chris
From: Sandra Wersal
Sent: Wednesday, August 24, 2022 9:47 AM
To: Leeseberg, Chris; Sandra Wersal
Subject: Home Salon (JC Styles Hair Salon) Case No. CU 22-13
Attachments: Hair Salon Typical Chemicals.docx
Gday Chris,
After our conversation yesterday I did some research on common chemicals found in a hair salon. I only focused on hair
dressing because the understanding is the salon is for hair styling only; therefore I did not include chemicals associated
with any other services such as nails.
The word document attached is a list of common chemicals used/found in a hair salon along with what the chemical is
used/found in, effects of the chemical, & if it is flammable or not. Also noted in this word document are the sources of
the information.
During our conversation Tuesday, Aug 23, 2022 1 had outlined the pattern of behavior of the Dellwo family, in which you
indicated that behavior is not part of the request to have a Hair Salon. I understand what you are saying. In this
instance I firmly believe that the pattern of behavior of the Dellwo's DOES play a part in the decision of whether to allow
the Hair Salon. To reiterate and summarize the past & present behavior of the Dellwo's is that they consistently skirt /
short-cut / disregard / push the limit of policies / procedures / regulations / laws, and only when called out do they
make adjustments which turn out to be skirting & short cuts as well (IE: gravel spread over lawn in order to park many
vehicles on the property).
Mr. Dellwo does construction so my thought is that his company will be doing the work to renovate the garage for the
salon. It is the most cost effective way. Does he have the proper knowledge to construct the appropriate filtration &
ventilation for the chemicals? If he does have that knowledge, will those rules/regulations/laws be followed or will they
be skirted / short-cut / disregarded as the previous & present behaviors have shown? Law enforcement personnel
consistently use past behaviors as a measurement for future behaviors; therefore I am applying the same principle
here. When that principle is applied I get the skirt / short-cut / disregard of regulations/laws. Which then leads to those
chemicals & fumes of the chemicals going into the neighborhood around the salon so that the neighborhood is
subjected to the 'Effects' as noted on the attached word document.
Now I will call into question the storage and handling of these chemicals. Can we rely on the Dellwo's to properly store
these chemicals? Look at how they have stored & handled equipment, automobiles, dumpsters, etc. on their
property. Simply, look at the state of their property: trailers & construction equipment stacked all along the back yard
fence, trailer parked on the side yard, 5-10 vehicles parked in the driveway and on the side yard in a hap -hazard fashion,
dumpster placed on the side yard for over 6 consecutive months.
In my opinion with the involvement of all the various chemicals in play with a salon we HAVE TO LOOK AT THE PATTERN
OF BEHAVIOR. If the pattern of behavior is not taken into consideration with this project then the entire neighborhood is
put into danger.
Thank you for your time & consideration,
Sandy Wersal
319 Morton Ave NW,
Elk River, MN 55330
TYPICAL CHEMICALS FOUND IN A HAIR SALON:
I.
Chemicals:
A.
Ammonia*
1.
Used in: hair dye
2.
Effects: irritates eyes, skin & repiratory tract, may cause asthma or other breathing problems
3.
Flammable - not flammable, but may explode when exposed to high heat.
B.
Phenylenediamine (PPD)* **
1.
Used in: hair dyes
2.
Effects: allergic reactions, skin irritation -dermatitis, cause liver, kidney, nervous system & respiratory tract
damage
3.
Flammable - is flammable as a solid, liquid, vapor or gas. Will ignite easily & burn rapidly
C.
Sodium
Hydroxide*
1.
Used in: hair relaxers
2.
Effects: causes damage to the respiratory tract & severe pheumonitis (inflammation of the lung tissue)
3.
Flammable - Not flammable itself, but poisonous gases are produced in fire.
D.
Formaldehyde*
1.
Used in: hair straightener
2.
Effects: 'known carcinogen' - linked to cancer, can cause irritation to eyes, nose & throat, & skin irritation.
3.
Flammable- Flammable gas or combustible solution
E.
Methylene Glycol**
1.
Used in: hair straightener
2.
Effects: 'known carcinogen' - breathing problems, skin rashes, eyes nose, throat irritation, cancer, dermatitis
3.
Flammable -flammable liquid & vapour
F.
Dibutyl Phthalate**
1.
Used in: nail polish
2.
Effects: Nausea, Dizziness, eye & skin irritation, reproduction toxin & birth defects
3.
Flammable - may be combustible at high temperature
G.
Toluene**
1.
Used in: hair dye, wig glue/hairpiece bonding
2.
Effects: headaches, skin rashes, eye, nose, throat irritation, liver damage, kidney damage, birth defects,
pregnancy loss
3.
Flammable -flammable liquid
H.
Cyclopentasiloxane
or Cyclomethicone**
1.
Used in: flat iron sprays, Thermal protection sprays
2.
Effects: Under high heat of a flat iron - cyclopentasiloxane creates formaldehyde ('known carcinogen')- in
turn breathing problems, skin rashes, eye, nose, throat irritation, cancer, dermatitis
3.
Flammable - may be ignited by heat, sparks or flames
I.
Stlyrene**
1.
Used in: hair extension glue, lace wig glue
2.
Effects: vision problems, trouble concentrating, tiredness, cancer
3.
Flammable -yes, as a liquid
J.
Trichlorethylene**
1.
Used in: hair extension glue, lace wig glue
2.
Effects: headache, confustion, nausea, eye & skin irritation, liver damage, kidney damage, dermatitis, double
vision
3.
Flammable - may burn, but does not readily ignite
K.
1,4
Dioxane**
1.
Used in: hair extension glue, lace wig glue
2.
Effects: eye & nose irritation, Cancer, Liver damage, kidney damage
3. Flammable —yes, as a liquid
L. 2-butoxyethanol or Ethylene glycol monobutyl ether**
1. Used in: disinfectants, cleaners
2. Effects: headache, eye & nose irritation reproductive toxin
3. Flammable —flammable liquid, combustible
M. Quaternary Ammonium Compouns or "dimethyl benzyl ammonium chloride**
1. Used in: disinfectants & cleaners
2. Effects: skin, eye & nose irritation, asthma
3. Flammable — highly flammable
N. Glyceryl thioglycolate**
1. Used in: Permanent wave solutions, "acid perms"
2. Effects: skin irritation, dermatitis
3. Flammable -yes
O. Ammonium persulfate**
1. Used in: hair bleach
2. Effects: eye, skin & nose irritation, coughing, shortness of breath, asthma, dermatitis
3. Flammable — not combustible, but is a STRONG OXIDIZER that enhances the combustion of other substances
P. Acetone**
1. Used in: hairspray
2. Effects: eye, skin & throat irritation, dizziness
3. Flammable — highly flammable liquid
Q. Butyl acetate, ethyl acetate or isopropyl acetate**
1. Used in: wig glue/hairpiece bonding
2. Effects: eye, skin & throat irritation, headaches, dizziness, dermatitis
3. Flammable —flammable liquid & poisonous gases are produced in fire, containers may explode in fire
II. Sources
A.*Electrocorpairpurification.wordpress.com/2012/06/19/chemical-hazards-in-hair-salongs-and-spas/
B. **womensvoices.org/avoid-toxic-chemicals/salon-products/toxic-chemicals-in-salon-products-workers/
FILE SUMMARY REPORT
October 12, 2022
File #:
Status:
Open
Date:
Close
Date:
Type:
19-000134 Address:
Closed Parcel #:
08/28/2019 Description:
09/13/2019 Owner Name
TYPE
Complaint
Re -Inspection
Inspection
FILE INFORMATION
329 morton
75-408-0170
Vehicles on unapproved surface- van in front surrounded by tall grass and trailers
in back
DELLWO, JOSEPH & CHARITY L
Owner 329 MORTON AVE NW
Address: ELK RIVER, MN 55330
INSPECTIONS
INSPECTION DATE
08/28/2019
08/28/2019
09/13/2019
VIOLATIONS
VIOLATION STATUS
30-934 (a) (3) - Parking on Approved Surface Closed
DOCUMENTS
SOURCE DOCUMENT NAME
Merge document Community Enhancement Form.htm
INSPECTOR STATUS
George Brenzel Complete
George Brenzel Fail
George Brenzel
DATES COMMENTS
Open Date: 08/28/2019
Close Date:09/13/2019
DATE CREATED BY
08/28/2019 George Brenzel
FILE SUMMARY REPORT
October 12, 2022
FILE INFORMATION
File #:
20-000075
Address:
329 MORTON AVE
Status:
Closed
Parcel #:
75-408-0170
Open Date:
01/08/2020
Description:
Unlicensed Vehicle
Close Date:
01/22/2020
Owner Name:
DELLWO, JOSEPH & CHARITY L
Type:
Owner Address:
329 MORTON AVE NW
ELK RIVER, MN 55330
INSPECTIONS
TYPE INSPECTION DATE INSPECTOR STATUS
Complaint 01/08/2020 Tim Trebesch Complete
Re -Inspection 01/22/2020 Tim Trebesch Pass
VIOLATIONS
VIOLATION STATUS DATES COMMENTS
30-124 (d) (8) - Closed Open Date: Vehicle must be legally licensed and operational when
Unlicensed/Inoperable vehicles 01/08/2020 stored outside.
Close
Date:01 /22/2020
DOCUMENTS
SOURCE DOCUMENT NAME DATE CREATED BY
Document DSCN3257.JPG 01/08/2020 Tim Trebesch
Merge document Community Enhancement Form.htm 01/08/2020 Tim Trebesch
Document DSCN3535.JPG 01/22/2020 Tim Trebesch
FILE SUMMARY REPORT
October 12, 2022
FILE INFORMATION
File #:
20-000641
Address:
329 MORTON AVE NW
Status:
Closed
Parcel #:
75-408-0170
Open Date:
03/18/2020
Description:
Parking surface - boat and trailer
Close Date:
03/23/2020
Owner Name:
DELLWO, JOSEPH & CHARITY L
Type:
Owner Address:
329 MORTON AVE NW
ELK RIVER, MN 55330
INSPECTIONS
TYPE
INSPECTION DATE INSPECTOR STATUS
Complaint
03/18/2020 Tim Trebesch Complete
Re -Inspection
03/23/2020 Tim Trebesch Pass
VIOLATIONS
VIOLATION
STATUS DATES COMMENTS
30-934 (a) (3) - Parking
Closed Open Date: Vehicles (including trailers, boats, and RVs) may only be parked on
on Approved Surface
03/18/2020 approved surfaces (concrete, asphalt, compacted Class 5).
Close
Date:03/23/2020
DOCUMENTS
SOURCE
DOCUMENT NAME DATE CREATED BY
Document
DSCN4298.JPG 03/18/2020 Tim Trebesch
Merge document
Community Enhancement Form.htm 03/18/2020 Tim Trebesch
NOTES
TYPE DATE
CREATED NOTE
BY
General 03/23/2020 Tim Surface in back yard is an approved surface along fence line. Charity 763-
Information
Trebesch XXX-XXXX
FILE SUMMARY REPORT
October 12, 2022
FILE INFORMATION
File #:
21-000756
Address: 329 MORTON AVE NW
Status:
Closed
Parcel #: 75-408-0170
Open Date:
04/30/2021
Description: Violation concerns
Close Date:
04/30/2021
Owner Name: DELLWO, JOSEPH & CHARITY L
Type:
Owner Address: 329 MORTON AVE NW
ELK RIVER, MN 55330
INSPECTIONS
TYPE
INSPECTION DATE INSPECTOR STATUS
Complaint
04/30/2021
Tim Trebesch Complete
DOCUMENTS
SOURCE
DOCUMENT NAME DATE CREATED BY
Document
DSCN7402.JPG
04/30/2021 Tim Trebesch
Document
DSCN7403.JPG
04/30/2021 Tim Trebesch
FILE SUMMARY REPORT
October 12, 2022
FILE INFORMATION
File #:
21-000835
Address:
329 MORTON AVE NW
Status:
Closed
Parcel #:
75-408-0170
Open Date:
05/11/2021
Description:
Parking Surface
Close Date:
05/25/2021
Owner Name:
DELLWO, JOSEPH & CHARITY L
Type:
Owner Address:
329 MORTON AVE NW
ELK RIVER, MN 55330
INSPECTIONS
TYPE
INSPECTION DATE
INSPECTOR
STATUS
Complaint
05/11/2021
Tim Trebesch
Complete
Re -Inspection
05/25/2021
Tim Trebesch
Pass
Complaint
06/07/2021
Tim Trebesch
Complete
Re -Inspection
06/10/2021
Tim Trebesch
Pass
VIOLATIONS
VIOLATION
STATUS DATES COMMENTS
30-934 (a) (3) -
Open Open Vehicles (including trailers, boats, and RVs) may only be parked
on approved
Parking on
Date: surfaces (concrete, asphalt, compacted Class 5). Exception:
A maximum of two
Approved
05/11/2021 vehicles may be parked on a maintained lawn behind the back corner of you
Surface
Close house.
Date:
DOCUMENTS
SOURCE
DOCUMENT NAME DATE
CREATED BY
Document
DSCN7475.JPG 05/11/2021
Tim Trebesch
Document
DSCN7476.JPG 05/11/2021
Tim Trebesch
Merge document
First Contact Violation letter.htm 05/11/2021
Tim Trebesch
Document
DSCN7621.JPG 05/25/2021
Tim Trebesch
Document
DSCN7837.JPG 06/07/2021
Tim Trebesch
Merge document
Order to Correct Letter.htm 06/07/2021
Tim Trebesch
NOTES
TYPE DATE CREATED NOTE
BY
General 06/10/2021 Tim Trebesch Spraying weeds in class 5 to bring back to good parking surface. 763-XXX-
I nfo rmation XXXX
FILE SUMMARY REPORT
October 12, 2022
FILE INFORMATION
File #:
22-001268
Address:
329 MORTON AVE NW
Status:
Open
Parcel #:
75-408-0170
Open Date:
07/14/2022
Description:
Possible business operation and parking violations
Close Date:
07/14/2022
Owner Name:
DELLWO, JOSEPH & CHARITY L
Type:
Owner Address:
329 MORTON AVE NW
ELK RIVER, MN 55330
INSPECTIONS
TYPE INSPECTION DATE INSPECTOR STATUS
Re -Inspection 08/22/2022 Graham Schultz Cancelled
Re -Inspection 08/22/2022 Graham Schultz Fail
VIOLATIONS
VIOLATION
STATUS DATES COMMENTS
30-934 (a) (3) -
Open Open Vehicles (including trailers, boats, and RVs) may only be parked on approved
Parking on
Date: surfaces (concrete, asphalt, compacted Class 5). Exception: A maximum of two
Approved
07/14/2022 vehicles may be parked on a maintained lawn behind the back corner of your
Surface
Close house.
Date:
CUP-
Open Open Home residence or residential properties are not to be used as business, without a
Conditional Use
Date: conditional use permit.
Permit Violation
08/04/2022
Close
Date:
DOCUMENTS
SOURCE
DOCUMENT NAME DATE CREATED BY
Document
DSCN0093.JPG 07/14/2022 Graham Schultz
Document
DSCN0094.JPG 07/14/2022 Graham Schultz
Document
DSCN0095.JPG 07/14/2022 Graham Schultz
Document
DSCN0096.JPG 07/14/2022 Graham Schultz
Document
DSCN0215.JPG 08/04/2022 Graham Schultz
Document
DSCN0216.JPG 08/04/2022 Graham Schultz
Merge document
Community Enhancement Form.htm 08/04/2022 Graham Schultz
NOTES
TYPE DATE CREATED NOTE
BY
General 08/22/2022 Graham Property is in process for obtaining a CUP through the city. Will monitor issue and
Information Schultz make reinspection's accordingly.
Dellwo
Conditional Use Permit
Hair Sa
lon
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Background
■ R1-c
■ 0.34 acres
■ CUP to operate hair salon
■ Attached 24'x14' garage
■ New detached 24'x24' garage
■ 440 sqft required
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eference oWy. This is not a survey.
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Staff Site Plan - September 27, 2022 1
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329 MOR•T�ON
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Background
■ Applicant the only employee
■ Hours of operation:
■ Mon 8-2
■ Tues 8-7
■ Fri 8-2
■ Sat 8-2
Planning Commission
■ Several residents spoke questioning:
■ Increased traffic
■ Parking (on street and grass)
■ Salon chemicals
■ Several "parking on unimproved surfaces" violations have been
closed
■ Currently one violation for "parking on unimproved surfaces"
■ Understood vehicles on site during construction
■ Day-to-day vehicles - parked on an approved surface
Planning Commission
■ It was clarified that the chemicals associated with the salon will
be regulated by:
■ State building code
■ MP CA
■ Licensing through the Board of Cosmetology
■ The commission unanimously recommended approval of the
request
Post Planning Commission
■ Since PC meeting, staff reviewed the submitted documents
relating to chemicals
■ Mainly outlined potential long-term effects to hairdressers
who are exposed to them daily
■ Staff did not find reference the flammability/explosive
qualities of the chemicals
Post Planning Commission
■ As this proposed business shows, the need for proper
ventilation for staff, customers, and neighbors is essential
■ This is why the city must require all home occupations to have
an architect design and sign off on the facility
■ Ensuring it follows all the same building, electrical, plumbing,
and fire codes and regulations of a commercial business
Post Planning Commission
■ Applicant felt most of the PC meeting comments, except the
chemicals, were not regarding the salon
■ She asked if there was a way to keep comments related to the
salon
■ Staff will update the council on the construction CUP during
the next item
Action Requested
■ Approve, by motion, the CUP with the 9 conditions outlined in
the memo
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• F - EH. _
Conditional �f Per i t M761
75"47
eference oWy. This is not a survey.
i iE
MKI
Staff Site Plan - September 27, 2022 1
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329 MOR•T�ON
AVE NW
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Conditions
1. The building shall be inspected by the city building official and
fire marshal to verify visible compliance with commercial
building, electrical, plumbing, and fire codes and identified visible
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.
3. Four (4) customer parking stalls shall be provided a minimum of
5 feet from side and rear property lines. These stalls are not to be
used for personal vehicles during business hours.
4. City approved turf be established by June 1, 2023, in the right-of-
way areas outside of the maximum 30' driveway width.
Conditions
5. All driving areas and parking areas shall be paved with an
approved surface (asphalt, concrete, or class 5).
6. All driving areas and parking areas shall be bounded by B612
concrete curb and gutter.
7. Follow Minnesota Pollution Control Agency guidelines for
chemical waste and secondary runoff controls.
8. A minimum 440 square of accessory structure needs to receive a
Certificate of Occupancy prior to the Conditional Use Permit
being recorded and the salon being operated.
9. All outstanding code violations, as of October 17, 2022, shall be
closed prior to beginning operation.