4.2. PCSR 07-25-2023Request for Action
To Item Number
Planning Commission 4.2
Agenda Section Meeting Date Prepared by
Public Hearings July 25, 2023 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Jason Bye – 10208 209th Ave. NW Zack Carlton, Community Development Director
Conditional Use Permit to Establish a Home-Based
Reviewed by
Business, Construction Yard, Case No. CU 23-11
Action Requested
Approval Recommendation
If the Planning Commission recommends approval, staff recommends
the following conditions to satisfy the standards set forth in Section 30-
654:
1. The fenced outdoor storage area shall be:
a. Limited to 20,000 square feet.
b. Fenced with a 6-7 foot tall 100% opaque fence with gates,
to be closed when not in use.
2. The fenced outdoor storage area must be paved with an
approved surface (Class 5, concrete, asphalt, or crushed
concrete/asphalt).
3. The following shall be located within the fence outdoor storage
area:
a. All equipment, vehicles, and products related to the
business.
b. Garbage and recycling dumpsters.
c. All business/employee parking.
d. Portable outhouses.
4. Dumpsters with lightweight materials shall be covered when
not in use.
5. Except for company vehicles and enclosed trailers, no materials
or products can be stored higher than the top of the fence.
6. The hours of operation shall be limited to 7:00 a.m.-7:00 p.m.
Monday through Saturday.
7. The loading and unloading of vehicles shall occur only in the accessory structure.
8. Exterior lighting for business purposes shall be limited to one hour a day during allowed hours of
operation or use directional fixtures that meet ordinance requirements.
9. Dust control measures shall be utilized in the fenced yard area.
10. A stormwater retention pond shall be installed as approved by city staff.
11. No more than 25 gallons of fuel storage shall be allowed on site.
12. Outside of routine maintenance/repair completed only by the property owner, there shall be no major
repair/maintenance of company vehicles/equipment on site. Routine maintenance/repair shall only occur
inside the building with all doors and windows closed.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: January 2023
13. Access to the subject parcel, for business activities, shall occur only at the single driveway located on
County Road 33.
14. A 200-foot long, 6-foot tall, 100% opaque privacy fence shall be installed by September 24, 2023, along the
west property line as indicated on the Staff Site Plan dated July 25, 2023. The fence shall be set back a
minimum of 3-feet from the property line.
15. The idling of a truck tractor or other business equipment in excess of 15 minutes from April 16 through
October 31, and 30 minutes from November 1 through April 15, is prohibited.
16. A code analysis finding commercial building code compliance shall be prepared by an appropriate
registered professional.
17. 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.
or
Denial Recommendation
If the Planning Commission recommends denial, they shall provide 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.
Background/Discussion
The applicant is co-owner of Rothmeyer TEC, a wireless construction company based out of Anoka, and
currently has outdoor storage of business equipment, materials, merchandise, inventory, and/or heavy equipment,
which requires a Conditional Use Permit (CUP) as noted on the site plan for the residential detached accessory
structure building permit.
The property is zoned Single Family Residential (R1-a) and is 13.34 acres in size. The subject parcel has a single-
family home and an approximately 6,750 sq.ft. detached accessory structure. Access to the property is off County
th
Road 33 (209 Ave). The accessory structure received all proper permits as well as meets setbacks and size
limitations for an accessory structure.
They employ approximately 20 non-office workers who work out of town at various cellular tower sites across
the Midwest. The yard will also be a place where employees can park personal vehicles while they are away on a
jobsite. The applicant has indicated up to 10 employees could be on site at a time with their vehicles parked in the
fenced area for up to 2 weeks.
They utilize several company trucks, 1 semi-truck, 3 enclosed trailers, 2 gooseneck trailers, 3 skid steers and 3
mini excavators that will be stored in the yard or building when not in use. There will also be product deliveries.
The current construction yard is fenced in with an approved surface. Recycling and garbage dumpsters are located
inside of the fenced yard which will be used by employees to unload garbage and recycling items from jobsites.
The cardboard recycling dumpster has recently had a fabric cover installed.
Since the previous Planning Commission and City Council meetings, the applicant has modified their request for
the CUP for a construction yard/outdoor storage (yard), to include the detached accessory structure (building).
The applicant has submitted an updated narrative. The yard will be used for company equipment and vehicles to
be parked over the weekend when they are not being used on a jobsite. Materials will also be stored in the yard
where employees will load and unload when preparing to leave for a jobsite or returning from a jobsite.
Home occupations in residential districts can be approved administratively or through a CUP. Home occupations
that are permitted administratively state: There shall be no exterior evidence of the occupation such as displays or exterior
storage of business equipment, materials, merchandise, inventory, and/or heavy equipment. Home occupations that exceed the
permitted home occupation criteria, such as this case, may be allowed with approval of a CUP by the city council.
The city has determined these types of uses may be allowed in residential districts with conditions of approval to
ensure the use does not detrimentally affect the use and enjoyment of other property in the immediate vicinity. If
it is found the standards set forth in Section 30-654 are not met, the council can deny the request. A handful of
similar uses have been approved by the council.
There have been references to spreadsheets on the city website that Economic Development uses for potential
businesses looking to operate in commercial/industrial zoned properties. This chart was not intended to reflect
prohibited or allowed uses for home occupations. This has been updated to prevent future confusion.
Previous PC & CC Meetings
The Planning Commission took public comments at both of their May 23, 2023, and June 27, 2023, meetings.
The City Council took public comments at their June 20, 2023, meeting. These comments are summarized on the
attachment labeled “Comments, Concerns, and Questions”. Staff also clarified some of the questions/comments
on this document. Since these meetings, the applicant has decided to include the building in the review process.
The public hearing notice was run in the Star News and mailed to residents 500-feet from the subject parcel, 150-
feet more than required by state statute.
Public Comments
Since the June 27, 2023, Planning Commission meeting, staff received an email of support from the neighbor
directly across the street indicating they have no objection to the request and see no substance in the complaints
against the applicant. They do not see a flurry of trucks and/or employees coming and going from the property
and the operation, by their observation, is quiet. They also note that they have no concern about the water supply,
doubting the applicant would want to pollute his own drinking water.
Applicable Regulation
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.
The existing yard and building are located approximately 80-feet from the house directly to the east and 65-
feet from the garage and approximately 600-feet from the house directly to the west with the outbuildings
approximately 390-feet away.
The proximity of the yard to the neighboring houses could be of concern for the comfort and general
welfare of the existing, and any future property owners, if specific conditions cannot be imposed to promote
compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood,
or the city.
Staff have included recommendations for the commission to consider.
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 do 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.
There is a 40-acre farm directly to the south and a 52-acre vacant parcel to the southeast that could be
developed in the future. With conditions of approval, the use should 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.
th
The subject parcel has one access point from County Road 33 (209 Avenue) where it has been noted
delivery vehicles, who are lost, stop on County Road 33 and back up to then turn into the subject parcel.
Delivery drivers becoming lost is not due to the type of use on the property, but the frequency of deliveries
may create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.
Concerns regarding business/delivery traffic going through the neighborhood east of the subject parcel and
th
accessing the site from the cul-de-sac on 208 Avenue have been brought up. The applicant has indicated
they do not need to use this access. Access to the subject parcel, for business activities, shall occur only at
the single driveway located on County Road 33 could be considered by the commission.
While permitted home occupations limit delivery vehicles to 26,000 pounds gross vehicle weight, tractor
trailer parking is permitted outright in the R-1a district on parcels five acres in size. Vehicles with 26,000
pounds of gross weight fall in the medium-duty truck category. These are often commercial vehicles used
for various purposes such as delivery trucks, box trucks, and flatbed trucks.
To have deliveries from vehicles over 26,000 pounds gross vehicle weight, they would need approval with
this CUP request. A condition of approval could be to limit the size of vehicles making deliveries and/or
the frequency of deliveries. The applicant is allowed to park a tractor trailer on his property on an approved
surface by the city code.
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 loading and unloading of equipment, garbage/recycling pickup, general equipment noise, and vehicle
parking/circulation could create excessive noise, fumes, and dust if specific conditions cannot be imposed
to mitigate these detrimental activities.
Portions of Section 30-937 Lighting, state: All sources of artificial lights shall be so fixed, directed, designed
or sized that the minimum subtotal of their illumination will not increase the level of illumination on any
nearby residential property by more than 0.1 footcandle in or within 25 feet of a dwelling or by more than
0.5 footcandle on any part of the property. Glare, whether direct or reflected, as different from general
illumination, shall not be visible from beyond the limits of the immediate site from which it originates.
Portions of Section 46-37 Nuisances, declare the following to be nuisance noises: Human noise. Yelling,
shouting, screaming, whistling, or singing at any time or place so as to annoy or disturb the quiet, comfort,
or repose of any persons in any office, dwelling, hotel, motel, other place of residence, or in the vicinity of
the source. Vehicle loading and exhausts. The discharge of the exhaust of any motor vehicle into the ambient air
except through a muffler which is free of holes, cracks, or other defects, or the operation, loading, or
unloading of any motor vehicle in such manner as to create loud and unnecessary grading, grinding, rattling,
or other noise which shall disturb the comfort or repose of any persons in the vicinity. Construction
activities. The erection, demolition, alteration, or repair of any building or earthmoving or excavation
activities occurring between the hours of 9:00 p.m. and 6:00 a.m. Monday through Saturday or on Sunday,
except as undertaken by persons working on single-family residences occupied by them or as authorized by
the building inspector based upon an emergency for the protection of health and safety.
The commission could consider the following conditions: the loading and unloading of vehicles shall occur
only in the accessory structure, exterior lighting for business purposes shall be limited to one hour a day
during allowed hours of operation or use directional fixtures, dust control measures shall be utilized in the
fenced in yard area, no more than 25 gallons of fuel storage shall be allowed on site, and the idling of a truck
tractor or other business equipment in excess of 15 minutes from April 16 through October 31, and 30
minutes from November 1 through April 15, is prohibited.
6. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance.
With the existing layout of the site, the use will not result in the destruction, loss, or damage of a natural,
scenic, or historic feature of major importance.
There has been discussion of stormwater runoff concerns. The commission can consider requiring a
retention/holding pond to address this concern.
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.
The following conditions, but not limited to, are needed for compliance: 1) A code analysis finding
commercial building code compliance shall be prepared by an appropriate registered professional. 2) 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.
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.
Attachments
Location Map
Applicant’s Updated Narrative
Applicant’s Site Plans
Site Survey
Staff Site Plan dated July 25, 2023
Email of Support
Comments, Concerns, and Questions
Timeline
Code Enforcement Documents and Photos
Staff Emails Regarding Requirement for CUP
Rothmeyer Website Images
Referenced Website (partnercarrier.com)
Accessory Structure Survey for Permit
4889-7277-9889, v. 1
We are again asking the Planning Commission to recommend approval
of the CondiƟonal Use Permit for our property located at 10208 209th
Ave NW, Elk River MN 55330. We would like to establish a yard at our
personal shop located on our property to store various items related to
our company. We own and operate a small wireless company. Our
business office is located at 506 Freeport ST Elk River, MN . Our office
staff works at this locaƟon, and is where we hold company meeƟngs /
training. Our field employees work out of town at various cell phone
sites across the Midwest and need a place to meet before leaving for
out of site out of town.
We are trying to establish a small yard with no company signage where
some company equipment and vehicles can be parked. This would be a
secondary yard. Vehicles and equipment would typically park at the
yard over the weekend when they are not being used on a jobsite. We
have started leƫng employees drive their company trucks home during
off Ɵme to reduce the amount of employee vehicles parked here.
Yard ac Ɵvity
Industrial uses would not occur at the yard. We have some non‐
hazardous materials in the yard that employees load when preparing to
leave for a jobsite. Most site materials are supplied by our customers.
It is released, picked up by our driver and delivered to the jobsite. We
also have recycling and garbage dumpsters located outside in the
fenced yard which will be used by employees to unload garbage and
recycling items from jobsites. These dumpsters cannot be seen from the
road. I have also installed mesh cover on the dumpster to avoid
cardboard blowing. The parking yard is fenced in with a hard gravel
surface that is graded to shed water. All city noise ordinances will be
followed as to not disturb our neighbors.
4889-7277-9889, v. 1
Previous Planning Commission AcƟvity:
Our applicaƟon for approval of the CondiƟonal Use Permit came before
the Planning Commission on May 23, 2023. The Planning Commission
recommend various condiƟons of approval. We are asking the Planning
Commission to reconsider the suggested condiƟon of relocaƟng the
yard to the west of our detached accessory structure. The suggested
locaƟon is not suitable for storage. AddiƟonal permits would be
needed. This area is also located on a hill, so the items stored in the
yard would not be screened from the street and neighbors.
We would like to include the building in the CUP. We are aware this may
need addiƟonal permiƫng beyond the CUP. We would ask the Planning
Commission to consider adding a condiƟon that the building can be
included in the condiƟonal use, subject to proper approval.
Other InformaƟon:
‐ Office locaƟon – 506 Freeport St NW, Elk River 55330 – Day to Day
administraƟve operaƟons occur. Training and company meeƟngs.
All office staff works at this locaƟon or from home.
‐ Business partner – ScoƩ Rothmeyer – 19041 Alpaca St NW,
Nowthen 55303 – Primary business address and exisƟng shop yard
208TH
209TH AVE. N.W. (Co. Rd. No. 33)33335013.35 Acres50JOHNSON STREET6030
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XXXXXXXXXXXX Jason Bye 5135 RIDGE ROADBIG LAKE, MN 55309 TEL (612)363-1986XX MON 200XZZZ19484-001 HSE.DWG1 PROJECTREVISION HISTORYPROJECT MANAGER REVIEWCERTIFICATION105 South Fifth AvenueSuite 513Minneapolis, MN 55401Tel: 612-252-9070Fax: 612-252-9077Web: landform.netLandform and Site to Finish are registered service marks of Landform Professional Services, LLC.®®/SHEET NO. PROJECT NO.FILE NAMEBYDATEDATEREVISIONREVIEWLANDFORMc
IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOTVISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDEDREADABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACTTHE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS.CLIENTMUNICIPALITY BYE PROPERTY ELK RIVER, MN LH07.10.2020ZZZ19484.001 12019
CERTIFICATEOF SURVEYElkRiverCity ofNORTH050100PROPERTY DESCRIPTIONThat part of the Northwest Quarter of the Southwest Quarter of Section 13, Township 33,Range 26, lying East of the West 869.03 feet thereof, and lying West of the East 16.50feet thereof. Sherburne County, Minnesota.PROPOSED ELEVATIONSHOUSE TYPE: FULL BASEMENT LOOKOUTGARAGE FLOOR ELEVATION = 979.2TOP OF FOUNDATION ELEV. = 979.5BASEMENT FLOOR ELEVATION = 971.5REAR LOOKOUT ELEVATION = 974.5P.K. NAIL SETIRON PIPE FOUNDSITE SYMBOLSI hereby certify that this survey, plan, or report was prepared byme or under my direct supervision and that I am a duly LicensedLand Surveyor under the laws of the state of Minnesota.Signature shown is a digital reproduction of original. Wet signedcopy of this plan on file at Landform Professional Services, LLCoffice and is available upon request.License No. 24332Date: 07/03/2020Larry HuhnDenotes potential retaining systems that may be necessary tomaintain key grading concepts and managable slopes on theproposed lot. Final configuration and materials will be determinedby builder upon final lot grading.1/2" x 14" IRON PIPE SET WITH APLASTIC CAP MARKED #13057 OR 24332.PROPOSED ELEVATION000.0DRAINAGE DIRECTIONSPOT ELEVATIONx 123.4
From:
To:Leeseberg, Chris
Subject:Online Form Submittal: Send Chris Leeseberg an Email
Date:Tuesday, July 18, 2023 11:22:52 AM
Send Chris Leeseberg an Email
TO: Chris Leeseberg
First Name Susan/Frank
Last Name Bergstrom
Reply Email Address
Subject Case No. CU 23-11
(Section Break)
Comments Chris Lleeeseberg and City Council: We live across the street
from the Byes and think it is time for us to comment. We have
NO objection to Mr. Byes plan. We could address each issue
brought forward but see no substance in the complaints against
him. Since we already have 2 or 3 businesses being operated (1
to the east, 1 to the west) that are more then at home computer
work, we see no issue. They are quiet, yes really. They do not
have a daily entourage of trucks or employees coming and going,
not even compareable to the Amazon or UPS trucks here. Also
not worried about the water supply, doubt he would want to
pollute his drinking water either. Probably would be more
concerned about the Ag. business, winter road runoff or yard
chemicals entering the water supply. He seems to have complied
to all of your rules and we are sure if a future problem occurs you
will address it, but so far see no indication of any issues. If you
have any questions of us please call.
Disclaimer
Information submitted is considered public data.
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Comments, concerns, and ques�ons
Key
Comment, concerns, and questions
o Clarification
May 23, 2023, Planning Commission
Where is SWPPP Plan
o Not required if less than one acre of soil disturbance
Shallow wells
Not zoned for commercial
Battery leaks/acid
o As with any commercial project, spills would need to be processed by the particular
fluids spill regulations
Flammable tank storage inside?
o Staff verified there were none
It is more than a shell and set up for office space
o Staff verified the west portion is unfinished with no office space
Semis are coming and going
o Permitted home occupations allow delivery vehicles up to 26,000 pounds gross vehicle
weight
o Deliveries from vehicles over 26,000 pounds gross vehicle weight require a CUP
Light pollution
o Discussed in memo
Running equipment outside of allowed hours
o This can be grounds for revocation of an approved CUP
Why was it allowed to be built without questioning the purpose of it?
o The city does not question what a residential accessory structure is being built for
o The survey submitted with the plans was stamped indicating it could not be used for a
home occupation without approval of a CUP
Would the city allow a trucking business?
o Tractor trailer parking is permitted in the R-1a district on parcels five acres in size and
with a CUP for parcels less than five acres
o A business of this type would need to be reviewed/approved by the Planning
Commission and City Council
Where does power washing water go?
o There is no water plumbed to the building for power washing
o Residential floor drains may daylight to outside but must meet all state building codes
for commercial use
What kind of diesel tanks are inside the building?
o Staff verified there were none
Items outside the fence
o This can be grounds for revocation of an approved CUP
Noise
o Discussed in memo
Property value – hard to sell with a business this close
Why was this building allowed so close to the property line?
o Accessory structures in this zoning district require a side yard setback of 20-feet
(building is approximately 30-feet from the property line)
o Fence can be installed on the property line
Watershed impacts
o Stormwater retention/holding pond could alleviate this concern
Access from the cul-de-sac
o Applicant indicated they do not need to use this access
o A condition prohibiting this can be considered
Outdoor storage not allowed in residential districts based on website exhibit – how can he apply?
o Home occupations, with outdoor storage, can be approved with a CUP
o This is also discussed in memo
Supplies do go into the building and not out in the yard – there are no supplies piled up out back
What is the residential street weight limits
o The two city streets are 7-ton roads
What happens if diesel tanks blow up/fire protection/hazmat
o Staff verified there were none
Trash blowing around
o The applicant installed a fabric cover on the cardboard recycling dumpster after the
Planning Commission meeting
What happens if denied?
Neighbors well is close to property line
June 20, 2023, City Council meeting
Applicant
• Clarified asking for 160x120 area behind shop
• Discussed with staff his intentions when he purchased the property
• The structure is used mostly for personal belongings with some business equipment/cabinets
• Willing to load and unload in the building
• Has cleaned up the property since PC meeting
• No bulk fuel stored but has miscellaneous gas cans and (2) 100-gallon propane tanks outside
• Outside light is from Menards
• No water in the facility currently
• Floor drains are currently capped off
• No major mechanical work on vehicles - fleet is managed by a maintenance company - routine
maintenance/repairs are completed on site
• Location was the flattest spot on property (see Site Survey)
• Fence and gate are completed
• Willing to install screening of the yard from the elevated property to the west
Others
• Porta potty does not meet MPCA rules
• What was the use of the building on the permit?
o A residential accessory structure
• What inspections were completed on the building?
o See timeline
• Where do the capped drains lead?
o Nowhere as they are capped
o Residential floor drains may daylight to outside but must meet all state building codes
for commercial use.
• Who approved the grading plan?
o Residential accessory structures and supporting documents are reviewed by city staff
• Low water tables
• Glyco (radiator fluid) is used in the dethawing machine, what happens when a hose breaks?
o As with any commercial project, spills would need to be processed by the particular
fluids spill regulations
• Not zoned to be commercial or industrial
• It takes two years typically before a commercial building can be built
• This is a case of asking for forgiveness and not approval. Precedence could be set.
• A lot of commercial land available to use
• Hard to find the address because it is a house with a normal pole building
• Vehicles stopping on county road
• Lights are not directional
o Discussed in memo
• Cannot see the fence because of the hill but can see everything inside
• Code enforcement reached out to applicant in February 2023
o Code Enforcement documents and photos are attached
• Public hearing stating to “establish” is not quite accurate, has been occurring for some time
o Unfortunately, the city is generally made aware of home occupations after they have
been in operation and the CUP’s are then reviewed after the fact.
• Construction yard is not a standalone business, should ask for wireless business first
• County Road 33 not setup with turn lanes
• Skid steer loads from vehicles then directly into the building
• Deliveries going to the wrong address
o Lost delivery drivers are not due to a use of any property
• Neighbors have a right to enjoy peace and quite and not worry about commercial business
o Public hearings are part of the due process
o Conditions of approved CUP’s are intended to protect properties in the vicinity
• Many children in the area – access from cul-de-sac is a concern
o Applicant indicated they do not need to use this access
o A condition prohibiting this could be added
Applicant
• Was very open with the city on his attentions – staff said build the building, allowed to have a
fence, will need a CUP for a business
o Staff did discuss the options with the applicant when he was purchasing the land
o Applicant was made aware of the need for a CUP to run a business before he began
construction
• No intention to use access from cul-de-sac, installed a berm
o Discussed in memo
• Watched the previous Planning Commission meeting he was unable to attend
• Building permit is not finalized
• Does not want to grow and would like to move to commercial land at some point
• Majority of their equipment is in Anoka
Others
• Nobody communicated to the neighbors the applicants’ intentions of the property when he
started building his accessory structure and fence
o The city does not notify neighbors when a residential building permit is submitted nor is
there a statute requiring the city to do so
o Neighbors were notified of the CUP application in accordance with state and local
standards
• Why was he told to build a building and get a CUP later?
o He was told he can build a residential pole building and then could apply for a CUP later
for a business if that was his desire
• Staff encouraged the process to not be done the way it was appropriately supposed to be done
June 27, 2023, Planning Commission meeting
• This business is shared with another business partner
o The applicant is co-owner of Rothmeyer TEC, a construction company based at 19041
Alpaca St NW, Anoka as stated in the narrative
• The applicant cleaned up his property because he was given information to do so
o Based on what he heard from the May 23, 2023, Planning Commission meeting, the
applicant did clean up the property
• The city is helping him to find a way to work around this to get a CUP
o A CUP is the city process to be approved, or denied, by the council and it is staff’s role
to advise any applicant of the requirements for these types of applications
• Standards on the website and zones contradict this use and why is the city continuing to let this
happen?
o The city has not let it happen. When made aware of the operation, the city notified the
applicant a CUP is required.
o Further discussed in memo
• 30-801 lists prohibited activities – specifically property values.
• Info from partnercarrier.com was read.
o A third-party website
o Interstate carrier to haul construction machinery and materials on a flatbed
o Disclaimer at the bottom
• Is this a transfer site?
• More than a wireless business, they are a construction company
o Telecommunication towers are constructed as part of their business.
o Electrical work and connections are part of their business.
o Civil work to construct access drives to tower sites and installing foundations for towers
is part of their business.
o The applicants’ narrative states they want to establish a construction yard
• Failure to disclose – intentionally deceptive
• Why did the city allow the big building so close to property?
o The detached accessory structure (building) meets all setback and size requirements of
the R-1a zoning district.
July 19, 2023
• Letter of support received – no objections
• They are quiet
• Limited traffic/deliveries in and out
• As for stormwater, concerned more with Ag. Business, winter run off, and yard chemicals
Timeline
October 10, 2021
Building permit submitted for residential
accessory structure.
October 20, 2021
Building permit issued for residential
accessory structure. Grading reviewed by the
engineering department. Site plan was
stamped “General note: Home Occupations
carried out in an accessory structure require
an approved Conditional Use Permit”.
November 19, 2021
Building footing inspected and passed.
January 7, 2022
Framing inspected and passed.
January 21, 2022
Insulation inspected and passed.
February 9, 2022
Gas rough-in inspected and passed.
February 6, 2023
Complaint received about running a business
without a CUP and a truck and trailer pulling
into wrong driveway.
Code Enforcement staff went to the property
and noticed the pole barn with many vehicles
parked in front of it and many items behind
the building. Staff spoke with the owner who
stated he was aware he needs a CUP and has
spoken to other city staff regarding obtaining
one. The owner was advised to be sure to get
the paperwork filed.
March 15, 2023
No indication that shows a CUP has been
applied for. Code Enforcement staff will visit
the owner and get more information.
April 10, 2023
New photos sent to code enforcement
regarding property. No CUP seen on file so a
letter will be sent to the property owner.
April 26, 2023
CUP application received.
May 12, 2023
First public hearing noticed sent out
May 23, 2023
Planning Commission – Applicant was out of
town for work. Public comments received.
Review postponed to June 27, 2023, Planning
Commission meeting.
May 30, 2023
Reminder notice mailed to residents
June 16, 2023
Planning and Building staff visited the
property
June 20, 2023
City Council – Public comments received.
Due to Planning Commission postponements,
council review postponed to August 7, 2023
June 27, 2023
Planning Commission – Applicant deciding if
he should include the accessory structure in
his request. Public comments received.
Review postponed to July 25, 2023, Planning
Commission meeting.
July 10, 2023
Applicant informed staff he wants to include
the building in the CUP request.
July 14, 2023
Third public hearing noticed sent
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From:Pistulka, MarkTo:Leeseberg, ChrisSubject:FW: 10208 209th AVE NE Elk River Shop plumbing permitDate:Monday, July 17, 2023 11:53:12 AMAttachments:Outbuilding Site Plan - 10208 209th Ave NW with markups (1).pdf Mark Pistulka City of Elk River – Building Official 13065 Orono Parkway, Elk River, MN 55330763.635.1066 ElkRiverMN.gov
From: Pistulka, Mark
Sent: Monday, July 18, 2022 3:47 PM
To: 'jason@rothmeyertec.com' <jason@rothmeyertec.com>
Cc: Leeseberg, Chris <CLeeseberg@ElkRiverMN.gov>; Crayford, Melanie
<MCrayford@ElkRiverMN.gov>; Trebesch, Tim <TTrebesch@ElkRiverMN.gov>
Subject: RE: 10208 209th AVE NE Elk River Shop plumbing permit
Good afternoon Jason,
I want to follow up with our phone conversation this morning regarding the use of the
accessory structure you are currently building. You mentioned that you do have employees
and delivers that come occasionally to your place to pick up and drop off items that pertain to
daily/weekly activities of your business and you mentioned that you have construction
equipment and materials that are stored on site or in this building. This type of use is not
accessory to your home and the structure would not be regulated under the International
Residential Code (IRC), which these plans were reviewed to. Your building plans were
reviewed under the IRC because nothing in the application indicated that the use of the
building was for a commercial use. The IRC only regulates residential dwellings and accessory
structures used for personal or private use. The International Building Code (IBC) regulates all
other structures that pertain to a commercial use and need to follow these standards.
During our review, staff will make comments to inform the applicant of certain requirements
such as minimum setbacks, footing depths, and other items that pertain to the project. I have
attached your site plan that was submitted and reviewed that has a staff comment that reads
“Home Occupations carried out in an accessory structure require and approved Conditional
Use Permit.” Our hope with doing this is to inform residents that if their plans change, there
may be other requirements that the City Ordinance or Building Code require.
Based on Section 30-801 (d), the property owner needs to apply for a Conditional Use Permit
(CUP). I have attached Section 30-801 you can share with them.
Here is the link to the Conditional Use Permit (CUP) application.
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.
Along with the requirement of the CUP and because the use of the building is considered
commercial, the building plans are required to be signed by a licensed architect and licensed
engineer( See above listed MN Statue). The mechanical systems would also need to be
designed by a licensed mechanical engineer. Plumbing plans would need to be designed by a
licensed plumber and would need to be submitted to the State Health Department for review.
I understand your frustrations with this, but these are the requirements required by
Ordinance and Building Code in order to use your property/building in this aspect.
Please let me know if you have any questions.
Thanks,
Mark Pistulka
City of Elk River – Building Official
13065 Orono Parkway, Elk River, MN 55330
763.635.1066 ElkRiverMN.gov
From: Crayford, Melanie <MCrayford@ElkRiverMN.gov>
Sent: Friday, July 15, 2022 11:20 AM
To: Pistulka, Mark <MPistulka@ElkRiverMN.gov>
Cc: Leeseberg, Chris <CLeeseberg@ElkRiverMN.gov>
Subject: FW: 10208 209th AVE NE Elk River Shop plumbing permit
Melanie Crayford
City of Elk River – Building Permit Technician
13065 Orono Parkway, Elk River, MN 55330
763.635.1060 ElkRiverMN.gov
From: Jason Bye <jason@rothmeyertec.com>
Sent: Friday, July 15, 2022 6:54 AM
To: Building <Building@ElkRiverMN.gov>
Subject: 10208 209th AVE NE Elk River Shop plumbing permit
All,
I have attached the plumbing permit app for my shop. I am only installing the underground plumbing
at this time so I can pour concrete. I am hoping to get this inspected on Tuesday 7-19-22. Please call
for payment. Thank you
Jason Bye
Owner-Vice President-Civil Operations
Rothmeyer TEC, Inc.
612-363-1986
jason@rothmeyertec.com
From:Leeseberg, Chris
To:Jason Bye
Cc:Pistulka, Mark; Green, Jennifer; Schultz, Graham
Subject:RE: CUP Application
Date:Wednesday, April 26, 2023 10:10:00 AM
Good morning Jason,
Please correct me if I am wrong, but we have not receive an application yet.
Is so, we do need that submitted by noon tomorrow (April 27) so we can get the process started.
We have communicated to residents you will be applying for a CUP so they have an ability to be
heard regarding the matter.
If we do not receive the application by tomorrow, we may explore legal actions with the city
attorney.
Again, here is a link to the Planning Departments “Land Use Applications and Deadlines”
webpage which provides general information regarding applications.
Here is a link to the Citizen Serve portal where you can apply online. Once in the portal, under
"Land Use Applications" select "APPLY FOR A LAND USE APPLICATION" and
choose
Conditional Use Permit (CUP)
***Please make sure you select the proper application type because unfortunately, we cannot
reassign one project type to another project type after the fact. If an incorrect one is selected, you
will be required to resubmit everything through the whole process again.
If you have not already, you will be required to create an account.
Please let me know if you have any questions.
Thank you
Chris Leeseberg
City of Elk River – Senior Planner
13065 Orono Parkway, Elk River, MN 55330
763.635.1033 ElkRiverMN.gov
From: Jason Bye <jason@rothmeyertec.com>
Sent: Thursday, April 13, 2023 9:23 AM
To: Leeseberg, Chris <CLeeseberg@ElkRiverMN.gov>
Cc: Pistulka, Mark <MPistulka@ElkRiverMN.gov>; Green, Jennifer <JGreen@ElkRiverMN.gov>;
Schultz, Graham <GSchultz@ElkRiverMN.gov>
Subject: Re: CUP Application
Thanks Chris,
I am working on this should have it submitted Monday for review.
Sent from my iPhone
Jason Bye
Owner-Vice President-Civil
Rothmeyer TEC, Inc.
612-363-1986
Jason@rothmeyertec.com
On Apr 13, 2023, at 8:39 AM, Leeseberg, Chris <CLeeseberg@elkrivermn.gov> wrote:
Good morning Jason,
I am checking to see if you have any questions and to remind you the next
application deadline is April 24. Your item will then be reviewed by the Planning
Commission on May 23, 2023 and if they act on it, it then will be reviewed by the
City Council on June 19, 2023.
Thank you
Chris Leeseberg
City of Elk River – Senior Planner
13065 Orono Parkway, Elk River, MN 55330
763.635.1033 ElkRiverMN.gov
From: Leeseberg, Chris
Sent: Tuesday, March 28, 2023 8:44 AM
To: Jason Bye <jason@rothmeyertec.com>
Subject: RE: CUP Application
Good morning Jason,
I wanted to follow up on our conversation. What we are looking for with your
application is a complete understanding of everything your proposed business does
on the property and where everything is proposed to occur. Outline what you
propose to do to minimize negative impacts on your neighbors as you are
introducing a business into a residential setting.
Please be as thorough as possible with your narrative and any supporting exhibits.
Here is link to description of the project narrative for more information.
I have attached 3 aerials of your property for your use.
Let me know if you have any questions.
Thank you
Chris Leeseberg
City of Elk River – Senior Planner
13065 Orono Parkway, Elk River, MN 55330
763.635.1033 ElkRiverMN.gov
From: Jason Bye <jason@rothmeyertec.com>
Sent: Monday, March 27, 2023 9:59 AM
To: Leeseberg, Chris <CLeeseberg@ElkRiverMN.gov>
Subject: Re: CUP Application
Chris,
Can you give me a call I have some questions regarding the application.
Sent from my iPhone
Jason Bye
Owner-Vice President-Civil
Rothmeyer TEC, Inc.
612-363-1986
Jason@rothmeyertec.com
On Feb 7, 2023, at 8:30 AM, Leeseberg, Chris
<CLeeseberg@elkrivermn.gov> wrote:
Hi Jason,
I spoke with Graham and he mentioned you would be filling out a CUP
application I provided you in the past.
We have recently begun implementing our online application process.
Here is a link to the Planning Departments “Land Use Applications and
Deadlines” webpage which provides general information regarding
applications.
Here is a link to the Citizen Serve portal where you can apply online.
Once in the portal, under "Land Use Applications" select "APPLY
FOR A LAND USE APPLICATION". If you have not already, you
will be required to create an account.
Please let me know if you have any questions.
Thank you
Chris Leeseberg
City of Elk River – Senior Planner
13065 Orono Parkway, Elk River, MN 55330
763.635.1033 ElkRiverMN.gov
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