Loading...
4.1. PCSR 10-25-2022Request for Action To Item Number Planning Commission 4.1 Agenda Section Meeting Date Prepared by Public Hearings October 25, 2022 Chris Leeseberg, Senior Planner Item Description Reviewed by Eduard Yukimchuck for E & Y Auto Parts – Zack Carlton, Community Development Director 20266 Yale St. NW Reviewed by  Conditional Use Permit for a Home Occupation (salvage yard), Case No. CU 22- 21 Action Requested Recommend, by motion, denial of the Conditional Use Permit for the following reasons: 1. The property is located within the Elk River wellhead protection area and possible automotive chemicals, fluids, and lubricants could have a negative impact on the environment and ground water. 2. Converting, by code, most of a residential structure to a commercial use in not consistent with the Comprehensive Plan. 3. The proposed use is inconsistence with the restrictive covenants of the development. 4. Body shop uses are prohibited as home occupations. If the Planning Commission believes a recommendation of approval is warranted, staff recommends the following 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. Compliance with all commercial building, electrical, plumbing, and fire code requirements be completed by January 31, 2023. 3. An amendment to this Conditional Use Permit shall be required for future expansions/additions. 4. A 6-foot tall, 100% opaque fence be installed in the location as shown on the staff site plan dated November 21, 2022, by June 1, 2023. 5. All driving/parking areas and the outdoor storage area shall be paved with an approved surface (asphalt, concrete, or Class 5) by June 1, 2023. 6. All driving areas and parking areas shall be bounded by B612 concrete curb and gutter by June 1, 2023. 7. Two (2) onsite customer parking stalls shall be provided. 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 8. Products shall not be loaded/unloaded in the right-of-way or on the public street. 9. Employees shall not park in the right-of-way or on the public street. 10. All openings to the accessory structure be closed when the business is in operation, except to move vehicles in and out of the garage. 11. All outdoor storage must occur in the fenced-in area with no product higher than the top of the fence. 12. City-approved turf be established by June 1, 2023, in the right-of-way areas outside of the driveway width. 13. All rules and regulations set by EPA/MDH for protecting ground water supply including proper disposal of automotive chemicals, fluids, and lubricants need to be followed. Background/Discussion The property is zoned R1-a where home occupations being run out of an accessory structure or have outdoor storage require a Conditional Use Permit (CUP). The applicant is seeking a CUP for both uses to allow continued operation of a salvage yard from their property, garage, and basement. A salvage yard is defined as land or buildings where products resulting from the wrecking of vehicles or other machinery are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled. The outdoor storage of two or more inoperative motor vehicles shall also be considered a junkyard. The applicant is currently operating an online auto parts business where they store vehicles outside, dismantle the cars in the garage, and store the parts in their basement. They regularly ship products and have different carriers to their home for pick up. They utilize a small forklift for loading and unloading products. Body shops are listed as prohibited activities in the home occupation Section 30-801 while salvage yards are not specifically listed. The ordinance does not define what a body shop is but according to Merriam-Webster it is a shop where automotive bodies are made or repaired. The hours of operation are Monday thru Friday, 8:00 a.m. – 5:00 p.m. There are three employees including the applicant. The applicant states their outside storage consists of two enclosed trailers, where one is parked on the driveway, and one is parked on asphalt millings. There is documentation that they also store wrecked vehicles on site. This is the first home occupation the city has reviewed for an auto-related business that operates in an attached garage as well as within part of the residential house. If approved, there will be significant design/construction requirements to provide area separation between the commercial use areas (garage and basement) from the residential use areas (remainder of the house). The building code and city ordinance states a home occupation in a residential district needs to follow all the same building, electrical, plumbing, and fire codes and regulations a commercial business does. An architect will be required to identify the requirements needed to separate the two uses. The garage has two vehicle lifts which, for personal use, do not require any type of permit but will need to be reviewed through the commercial architectural review process for compliance. Restrictive Covenant Declaration Through the public hearing process, staff were made aware of, and provided, a restrictive covenant declaration on the development. It states in the additional restrictions; rules and regulations section: No lot shall be used except for residential purposes and no noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. While the city does not police or enforce covenants, the covenants can be referenced to show the use is inconsistence with the development and could detrimentally affect the use and enjoyment of other propertie in the immediate vicinity. 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. This property is located within the Elk River wellhead protection area and outdoor storage of wrecked vehicles, with possible automotive chemicals, fluids, and lubricants could have a negative impact on the environment and ground water. 2. Will be consistent with the comprehensive plan. The property is guided Rural Residential, to be developed as residential uses 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 of the uses requiring a CUP, providing due process for the neighbors. Through this process, a neighbor provided staff a restrictive covenant declaration on the development which outlines home based businesses are not allowed. Converting, by code, most of a residential structure to a commercial use in not consistent with the Comprehensive Plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The surrounding area has been developed as large lot subdivisions but not all lots have been built on. The use will not impede the normal and orderly development and improvement of surrounding vacant property. 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. Traffic and parking concerns are frequently raised during land use requests like this. Vehicles are frequently seen parked on the street during business hours. Given the limited area available on site to provide for employee parking, to load carriers, trailers, and utilize a small forklift, the operation could be detrimental due to excessive need to utilize the public right-of-way, interfering with traffic. 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 process of dismantling vehicles and storing wrecked vehicles could produce chemicals and fluids that could be leaked onto the ground or washed down the paved driveway into the public right-of-way/street. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. There are no exterior plans for construction projects for the proposed use. The use will 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 salvage yards are not specifically listed as a prohibited use for home occupations, staff reasons the intent of prohibiting body shops would include a use such as a salvage yard. 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. Stat. §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 commercial building, electrical, plumbing, and fire codes and subsequent inspections and enforcement. There will be significant design/construction requirements to provide area separation between the commercial use areas (garage and basement) from the residential use areas (remainder of the house). 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  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  Staff Site Plan dated November 21, 2022  Site Photos  House Plan Legal Description: 20266 YALE ST NW, ELK RIVER MN 859-TRACE HEIGHTS SECOND ADDITION Sec.23 T33N R26W Lot 6 Blk 1 Detailed description/scope of project. We have an online business of auto parts, so we dismantle cars in the garage and store parts in our basement. We also regularly ship freight, and have different shipping carriers come to our home for mail pick up. Our hours of operation are 8am - 5pm and we have 3 employees including myself (home owner). Our outside storage consists of 2 enclosed trailers, where one is parked on our driveway and one is parked on asphalt millings. What is being proposed? How is the request consistent with City of Elk River 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. Hours of Operation: 8am - 5pm Number of Employees: 3 Number of parking stalls, existing and additional: 0 Is there proposed screening of the site? No Signage – (at time of installation, a separate permit is required for each sign) No How many? 0 Proposed sizes? No Locations? No What type? No Is there outdoor storage? Yes What is being stored? Enclosed trailers How much? 2 Proposed screening? No, since our lot is wooded.