3.1. PC DRAFT MINUTES 04-25-2023
Meeting of the Elk River Planning Commission
Held at the Elk River City Hall
Tuesday, March 28, 2023
Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise, Dennis Booth, Eric Johnson, Craig
Keisling, Tony Mauren, and Rob Rydberg
Members Absent: None
Also Present: Councilmember Matt Westgaard
Staff Present: Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, Building
Official Mark Pistulka, and Sr. Admin. Assistant/Recording Secretary Jennifer Green
1. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to
order at 6:30 p.m. by Chair Larson-Vito.
2. Pledge of Allegiance:
The Pledge of Allegiance was recited.
3. Consider Agenda
Moved by Commissioner Rydberg and seconded by Commissioner Beise to approve the March 28,
2023, Planning Commission agenda as presented.
Motion carried 7-0.
4. Consider Minutes
Moved by Commissioner Beise and seconded by Commissioner Rydberg to approve the February
28, 2023, Planning Commission minutes as presented.
Motion carried 7-0.
5. Election of Officers
Moved by Commissioner Johnson and seconded by Commissioner Booth to elect Jill Larson-Vito
as Chair of the Planning Commission.
Motion carried 7-0.
Moved by Commissioner Rydberg and seconded by Commissioner Mauren to elect Perry Beise as
Vice-Chair of the Planning Commission.
Motion carried 7-0.
Planning Commission Minutes Page 2
March 28, 2023
-----------------------------
6.1 Carnova – Omar Alnauimi, 17242 Ulysses St. NW
Conditional Use Permit for automobile sales and repair, Case No. CU 23-02
Mr. Leeseberg presented the staff report.
Chair Larson-Vito asked what type of vehicles would be stored in the damaged vehicle storage area. She
wondered if they were awaiting repair or being scrapped.
Mr. Leeseberg indicated that is unclear to staff, but he believes the vehicles would be awaiting repair before
being sold and would not be a garbage collection of vehicles. Staff is recommending the area being enclosed
following the outdoor storage ordinance. Mr. Leeseberg believes the applicant doesn’t intend to repair
vehicles for the general public, only fix and repair cars prior to selling them.
Chair Larson-Vito opened the public hearing. There being no one to speak to this issue, Chair Larson-Vito
closed the public hearing.
Commissioner Mauren asked what the approved surface would be for potentially leaking vehicles.
Mr. Leeseberg stated the ordinance requires either Class 5, crushed concrete, crushed asphalt, crushed
concrete and asphalt, and not on virgin soil.
Moved by Commissioner Johnson and seconded by Commissioner Keisling to recommend
approval of the request by Carnova – Omar Alnauimi for a Conditional Use Permit for automobile
sales and repair at 17242 Ulysses St. NW with the following conditions:
1. The Conditional Use Permit shall not be recorded until all conditions have been completed.
2. The authorized additional uses (repairs, body shop, and expanded sales area) shall not
begin until the Conditional Use Permit is recorded.
3. An amendment to this Conditional Use Permit will be required for future changes/additions
not shown on the site plan dated March 28, 2023.
4. The applicant and/or property owner must apply for all required commercial building,
electrical, plumbing, and/or mechanical permits before any associated activities can occur.
5. A code analysis finding building code compliance for the areas approved for use under this
CUP shall be prepared by an appropriate registered professional. Areas to be utilize in the
future will also be required to provide this analysis.
6. The number of motor vehicle sales dealers shall be limited to four (4) as other parking
needs/requirements allow.
7. No more than 5 “for sale” vehicles per dealer may be displayed on the subject property.
8. All motor vehicle repairs, body work, or detailing shall only occur inside the building.
9. Exterior doors shall be closed while any motor vehicle repair, body work, or detailing
occurs.
10. The dumpster area shall be screened with a six-foot-tall 100% opaque fence with the gate
closed when not in use.
11. The damaged vehicle storage area shall not exceed 900 square feet, must be screened with a
six-foot-tall 100% opaque fence, must be paved with an approved surface, and shall meet all
setbacks.
Planning Commission Minutes Page 3
March 28, 2023
-----------------------------
12. No outdoor storage of damaged or inoperable vehicles shall be allowed until the required
screening and paving are installed.
13. Paints, chemicals, or other hazardous materials shall be handled and disposed of in
accordance with the Minnesota Pollution Control Agency (MPCA).
14. The applicant and/or property owner shall ensure any vehicle stored outside does not leak
fuels or other hazardous materials onto the ground or into the stormwater pond to the west
of the parking lot.
15. Parking stalls shall be striped in accordance with City Ordinance, Section 30-892 by May 31,
2023.
Motion carried 7-0.
thrd
6.2 11 Hour Recovery – Mike Jansons, 9672 163 St. NW
Conditional Use Permit granting approval for vehicle storage, Case No. CU 23-04
Mr. Carlton presented the staff report.
Commissioner Mauren asked about consideration of site security for the vehicles.
Mr. Carlton indicated while it isn’t staffed regularly, there is a quick turnout of vehicles on the site as
vehicles are there generally less than a week. Crime is a concern, but the entire area is completely fenced but
there are no additional conditions associated with that.
Chair Larson-Vito asked if the other industrial properties in this area have installed curb and gutter.
Mr. Carlton he stated yes and explained surrounding properties are also required curb and gutter, which
meets the ordinance requirements. He noted in this case, the curbing is to keep the vehicles contained in the
drive area. The applicant may request waiver of that requirement but in speaking with them they are
comfortable with this condition.
Chair Larson-Vito opened the public hearing. There being no one to speak to this issue, Chair Larson-Vito
closed the public hearing.
Moved by Commissioner Rydberg and seconded by Commissioner Beise to recommend approval
th
of the request by Mike Jansons of 11 Hour Recovery for a Conditional Use Permit granting
rd
approval for vehicle storage at 9672 163 St. NW with the following conditions to satisfy the
standards set forth in Section 30-654:
1. The parking and driveway area outside of the fenced area shall be bound by B612 curb and
gutter.
2. All parking and drive areas must be finished with an approved surface – bituminous,
concrete, or compacted class 5.
3. The fence line parallel the city street must be improved to include a 100% opaque covering.
4. All areas not identified for parking or drive areas shall be restored and maintained as turf
grass in accordance with city standards.
5. Outside of short-term staging requirements, there shall be no storage of vehicles outside of
the fenced area, to include the city street, exterior parking area, and landscaped areas.
Planning Commission Minutes Page 4
March 28, 2023
-----------------------------
6. This CUP only authorizes the storage of vehicles within the fenced area. Residential or
office uses are not authorized as part of this permit.
7. All conditions of this CUP, including turf establishment, curbing, stormwater
improvements, and removal of all operations/parking outside of the fence, shall be
completed by June 30, 2023.
8. Staff approval of all site and civil plans.
Motion carried 7-0.
7. General Business
There was no reported general business.
8. Council Liaison Updates
Councilmember Westgaard updated the Planning Commission of recent City Council updates.
9. Adjourn Regular Meeting
Moved by Commissioner Johnson and seconded by Commissioner Keisling to adjourn the regular
meeting of the Planning Commission.
Motion carried 7-0.
The regular meeting adjourned at 6:51 p.m. Chair Larson-Vito called the work session to order at 6:52 p.m.
10.1 Home Occupations
Mr. Leeseberg presented the staff report. He introduced Building Official Mark Pistulka, who was present to
answer questions regarding residential versus commercial building requirements. Staff’s goal is not to say no
to home occupations, but how can the city allow this in a way to follow statutes, city ordinances, and in the
end the city is protected.
The Planning Commission discussed at what form and level are commercial uses allowed in a residential
neighborhood. They discussed low impact commercial uses such as daycares and piano teachers. Mr.
Pistulka discussed building code requirements are silent on residential requirements, but commercial
requirements require an architect and spells out those codes very clearly. It’s when the use of the residence
goes from private use as a residence, to commercial use and commercial code requirements. That is why the
building department requires an architect to provide a bill of health to meet commercial code requirements.
The Planning Commission discussed having a home occupation use located strictly in the house versus a
detached structure. They suggested higher acreage properties may be less intrusive for allowing detached
structure home occupations. Mr. Leeseberg showed them an instance where this is occurring, a detached
structure located at the edge of their property line and a residential property located 85 feet away. The
property owner recently complained that they can hear the adjacent property owner’s business. Should there
be a buffer even if the lot is over 13 acres.
Planning Commission Minutes Page 5
March 28, 2023
-----------------------------
Commissioner Beise wondered if the 2019 ordinance amendment allowing occupations occurring in
accessory structures with a CUP has caused more of a nuisance.
Mr. Leeseberg agreed that perhaps trying to be business-friendly and modify the ordinance to allow home
occupations has created more nuisances and hurdles for the property owners while at the same time
protecting the city. He stated many of these instances the businesses are already operating, and the city
works with them to bringing them into compliance during the CUP process, but state building codes have
always been in place and will continue to be required unless state statutes are changed.
Chair Larson-Vito felt it was important to find a healthy balance to discourage businesses from going
‘underground’ to avoid having to comply with code requirements.
Councilmember Westgaard discussed finding a way to determine the intensity of uses, like piano teacher or
tax advisor versus auto mechanic, to separate requirements. He wondered if it might be helpful to share
what the requirements would be for a homeowner to build a detached structure with plans and
specifications to meet the building code, versus the requirements for a detached structure for a commercial
construction business. What will the architect do to protect the city and resident?
Mr. Pistulka stated an architect will do a code analysis to ensure the building meets the numbers of
occupants, employees, how big the building can be for a sprinkler requirement, firewall, type of
construction. To him, the question is what becomes more hazardous in the home, a piano teacher or tax
accountant, or a mechanic working on vehicles.
Councilmember Westgaard asked about the insurance industry views these questions, and at what point
does the homeowner insurance coverage change as the use changes.
The commission discussed ways of helping applicants streamline the application and permitting process,
wondering if it is possible to assist with architect or engineer fees, can those fees be part of the permitting
process? Can a contractor work with the city to aid in fulfilling requirements? The commission wondered if
economic development could help with small business funds aiding the applicant with architect fees.
Commissioner Booth suggested an intensity of use chart, such as type of work, location either in an attached
garage or detached garage. Are there specific uses that are flat out prohibited or require setbacks.
Mr. Leeseberg indicated the city attorney is also reviewing this topic and will bring back his legal opinion at
the next meeting.
The Planning Commission will continue discussion at next month’s meeting.
11. Motion to Adjourn
Moved by Commissioner Johnson and seconded by Commissioner Beise to adjourn the meeting of
the Planning Commission.
Motion carried 7-0.
Planning Commission Minutes Page 6
March 28, 2023
-----------------------------
The meeting adjourned at 8:00 p.m.
Minutes prepared by Jennifer Green.
___________________
Jill Larson-Vito, Chair
___________________
Tina Allard, City Clerk