3.1. PC DRAFT MINUTES 07-25-2023
Meeting of the Elk River Planning Commission
Held at the Elk River City Hall
Tuesday, June 27, 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, and Sr.
Administrative Assistant 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 6:46 p.m. by Chair Larson-Vito.
2. Consider Agenda
Moved by Commissioner Keisling and seconded by Commissioner Booth to approve the June 27,
2023, Planning Commission agenda as presented.
Motion carried 7-0.
3. Consider Minutes
Moved by Commissioner Rydberg seconded by Commissioner Beise to approve the May 23, 2023,
Planning Commission minutes as presented.
Motion carried 7-0.
4.1 Vinje Investments LLC – David Vinje PID #’s 75-011-2401, 75-011-2120, 75-011-3203, 75-
011-3235
Land Use Amendment from Business Park to Highway Commercial, Case No. LU 23-03
Zone Change from FAST (H) to PUD, Case No. ZC 23-01
Conditional Use Permit for a Planned Unit Development, Case No. CU 23-06
Preliminary Plat of Vinje Commercial Addition, Case No. P 23-03
Mr. Carlton presented the staff report.
Chair Larson-Vito opened the public hearing.
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Dan Bosshart, 10846 170 Street, owner of Preferred Powder Coating LLC- stated his business was the
first building constructed in this business park 9 years ago, and the city required upgraded exterior finishes
to ensure a “fancy, expensive” industrial park. He felt like now the city was now allowing low-grade
buildings and finishes and did not feel that it was the same vision that he was sold 9 years ago. He asked
about the requirement of wetland abatement like he had to do, and the Highway 10 plans affecting this
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property. He felt the overall site concept was a good one but did not feel this project should start before
other assurances were made.
There being no one present to speak on this item, Chair Larson-Vito closed the public hearing.
Commissioner Johnson asked about design standards for this PUD versus the other PUDs and their
requirements.
Mr. Carlton explained the increased standards that apply to the industrial buildings in this higher-class
Business Park. He stated the use is different, but they are trying to meet in the middle by applying the same
standards they would in a business park.
Commissioner Johnson noted they discussed this during their last meeting and considering the challenges of
the gas line going through the property, there were limited uses of this parcel. He asked about the rest of the
buildings in this development that would fall under this PUD, wondering if the design standards would
follow the existing business park standards or fall under typical light industrial standards.
Mr. Carlton stated since it is a PUD, the standards can be written any way they want. Because the mini-
storage building has a tight site constraint due to wetlands, the commission could consider adding a second
material choice. Other light industrial offices or commercial spaces could require standard business park
standards apply to the other larger buildings.
Commissioner Johnson stated he would be supportive of that and liked having the multiple exterior
elements, noting he felt the rest of the development should follow the business park standards.
Commissioner Beise noted Condition 6 was written to guide those PUD standards.
Mr. Carlton asked if he understood the commission’s intentions to guide the two separate uses with
differing design standards. He stated they can change adjust the final PUD language which will guide the
final permitting and the City Council also reviews the final PUD agreement before approval.
Commissioner Johnson asked if the applicant is aware of these current business park design standards.
David Vinje, 18575 Lander Street NW, Elk River- the applicant, stated he does understand the design
standards of the mini-storage units, and anticipated he would have to follow the Business Park standards.
Commissioner Keisling asked to amend Condition 6 to ensure the mini-storage building standards can have
reduced Business Park standards.
Moved by Commissioner Johnson and seconded by Commissioner Booth to recommended
approval of the Land Use Amendment changing the guidance from Business Park to Highway
Business, with the following conditions:
1. The associated Zone Change (ZC 23-01) and CUP (CU 23-06) applications shall be
approved by the City Council.
Moved by Commissioner Keisling and seconded by Commissioner Mauren to recommend approval
of the proposed Zone Change from FAST (H) to Planned Unit Development (PUD), with the
following conditions:
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1. City Council approval of associated Land Use Amendment (LU 23-03).
2. A PUD agreement shall be approved by the City Council prior to recording the Zone
Change.
Moved by Commissioner Johnson and seconded by Commissioner Rydberg to recommend
approval of the Conditional Use Permit establishing a residential Planned Unit Development
(PUD), with the following conditions:
1. A PUD Agreement shall be developed and signed by both parties prior to issuance of a
building permit.
2. Streets, access, and circulation, must comply with MN State Fire Code Chapter 5 and
Appendix D.
3. Staff approval of all site, utility, engineering, and landscaping plans.
4. State approval of all wetland permits related to the proposed wetland impacts.
5. Approval of the updated landscape plan
6. Buildings within the PUD shall comply with the Business Park design standards. This
applies to all facades clearly visible from public streets. The mini-storage building facility
would have reduced design standards based on city staff’s recommendation, but the rest of
the development would require to meet the Business Park standards.
7. Fencing clearly visible from the public street shall be of a wrought iron style. Fencing not
clearly visible from the street shall be black chain-link.
8. All outdoor storage areas shall be screened with a 100% opaque fence.
9. The driveway access to Twin Lakes Road will be reduced to a right-in-right-out when Twin
Lakes Road is improved to a 4-lane divided roadway.
10. Future development phases will be reviewed utilizing the CUP process as outlined in city
ordinances.
11. Improvements within city right-of-way are limited to paving, curbing, grading, and utility
work. Improvements such as fencing will not be permitted.
Moved by Commissioner Johnson and seconded by Commissioner Beise to recommend approval
of the Preliminary Plat of Vinje Commercial Addition with the following conditions:
1. Council approval of the related Land Use Amendment (LU 23-03), Zone Change (ZC 23-01)
and Conditional Use Permit (CU 23-06).
2. The preliminary plat shall be updated to include the proposed billboard within Lot 1, Block
1.
3. There will be no future access to Highway 10.
Motion carried 7-0.
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4.2 Jason Bye – 10208 209 Ave. NW
Conditional Use Permit to Establish a Home-Based Business, Construction, Case No. CU 23-11
Mr. Leeseberg presented the staff report, noting tonight they would be taking new comments and
continuing the public hearing to the July 25, 2023, Planning Commission meeting. New notifications to
residents 500’ from the property would be mailed out 10 days prior to the Planning Commission meeting.
Commissioner Beise asked staff if the Planning Commission could recommended denial of the request.
Would the applicant then appeal the decision to the City Council?
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Mr. Leeseberg stated technically the Planning Commission could recommend denial. He indicated the
reason they were continuing the public hearing is the applicant is considering adding the accessory structure
for storage into the CUP request that the earlier review did not include.
Commissioner Johnson asked if the applicant decides to include the accessory structure, would it have to
meet all design standards to comply with a commercial building.
Mr. Leeseberg stated it would.
Chair Larson-Vito stated that since the applicant requested the 60-day extension and the city granted the
request, she recommended the commission take comments and continue the public hearing.
Chair Larson-Vito noted the public hearing was still open.
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Brian Rucks – 10296 209 Ave NW – property adjacent to the applicant, explained his thoughts regarding
the City Council meeting. His opinion is Mr. Leeseberg is trying to find a way for the applicant to operate a
commercial property in a residential zone, and the city is deceiving the residents by supporting the applicant.
Mr. Rucks discussed his research on the business owner’s property located in Nowthen, and his discussions
with the city of Nowthen. He asked the Planning Commission to stop allowing these types of commercial
properties in residential areas.
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Deann Wells, 10296 209 Ave NW, questioned city ordinance 30-801 for home occupations and expressed
concerns with the property value aspect. She explained her internet research on the actual business the
applicant is operating and felt the applicant is failing to disclose information. She thanked code enforcement
staff for seeing the situation in the spring but wondered why this business got as large as it did. She stated
she can complete a public data request to see the communication between city and the applicant to explain
how we got here and what else is going on.
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Steve and Mary Kay Flynn - 10189 208 Avenue – east side of Jason Bye’s property – still asking the
question, why did the city allow a big building 55’ from their house? The location has affected the view from
their home. This is affecting the resale value of their home. Residential properties, why could they develop a
business in a residential property. They do not support the approval of the CUP.
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Katie Lehman - 10170 208 Avenue NW – opposes the CUP request.
There being no one else to speak, Chair Larson-Vito asked to continue the public hearing to July 25, 2023.
Moved by Commissioner Rydberg and seconded by Commissioner Johnson to continue the public
hearing for Jason Bye to the July 25, 2023, Planning Commission meeting.
Motion carried 7-0.
4.3 Springfield Sign on behalf of Culver’s Restaurant – 19475 Evans St. NW
Conditional Use Permit Amending the Planned Unit Development Agreement to allow a 45 sq. ft.
menu board, Case No. CU 23-12
Mr. Leeseberg presented the staff report.
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Chair Larson-Vito opened the public hearing.
Trey Watts, Springfield Sign- 4825 East Kearney, Springfield, MO, and representing Culver’s franchise
owner Paul Smith – explained the reason for the request is the restaurant is looking to implement a double
drive-through lane. He noted they do not have a pre-sale board.
There being no one else to speak, Chair Larson-Vito closed the public hearing.
Moved by Commissioner Keisling and seconded by Commissioner Rydberg to recommend
approval of the Conditional Use Permit, amending the Planned Unit Development agreement, as
the standards set forth in Section 30-654 have been satisfied.
Motion carried 7-0.
4.4 Collins Brothers Towing, Inc. – Phil Collins – 16234 Jarvis St. NW
Conditional Use Permit to construct a truck terminal and allow for outdoor storage, Case No. CU
23-13
Mr. Leeseberg presented the staff report.
Commissioner Booth asked where the curb and gutter be located.
Chair Larson-Vito opened the public hearing. There being no one to speak, Chair Larson-Vito closed the
public hearing.
Moved by Commissioner Beise and seconded by Commissioner Rydberg to recommend approval
of the request by Phil Collins of Collins Brothers Towing, Inc. for a Conditional use Permit to
construct a truck terminal and permit outdoor storage with the following conditions to satisfy the
standards set forth in Section 30-654:
1. All outdoor storage shall follow Section 30-807 regarding screening.
2. All comments outline in the Letter of Complete dated June 14, 2023, shall be
addressed.
3. The office hours of operation shall be limited to 7:00 a.m. – 5:00 p.m.
4. The parking and driveway area outside of the fenced area shall be bound by a B612
curb and gutter.
5. All parking and driving areas must be finished with an approved surface –
bituminous, concrete, or compacted class 5.
6. All areas not identified for parking or driving areas shall be maintained as turf grass
in accordance with city standards.
7. Outside of short-term staging requirements, there shall be no storage of vehicles
outside of the approved storage area, to include the city street, exterior parking area,
and landscaped areas.
8. Staff approval of all site and civil plans.
Motion carried 7-0.
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4.5 Avery’s Adventures LLC – 19138 Freeport St. NW
Conditional Use Permit to allow the proposed amusement and recreation use, Case No. CU 23-14
Mr. Leeseberg presented the staff report.
Chair Larson-Vito opened the public hearing. There being no one present to speak, Chair Larson-Vito
closed the public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Keisling to recommend
approval of the request by Avery’s Adventures LLC for a Conditional Use Permit to allow the
proposed amusement and recreation use as the standards set forth in Section 30-654 have been
satisfied.
Motion carried 7-0.
4.6 ISD 728 – Handke Building, 1170 Main St. NW
Conditional Use Permit for a Building Addition for Educational Use, Case No. CU 23-15
Mr. Leeseberg presented the staff report.
Chair Larson-Vito opened the public hearing. There being no one to speak, Chair Larson-Vito closed the
public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Booth to recommend approval
of the request by ISD 728 for a Conditional Use Permit for a Building Addition for Educational Use
with the following conditions to satisfy the standards set forth in Section 30-654:
1. The front yard setback variance (V 23-05) shall be approved and recorded
prior to the building permit being issued.
Motion carried 6-1 with Commissioner Rydberg opposing.
Commissioner Rydberg expressed parking and drop-off/pick-up concerns.
4.7 Ann-Marie Ross on behalf of the Estate of Roger W. Dickenson Jr. – 19101 Jackson Ave.
NW
Zone Change from Planned Unit Development to C-3 Highway Commercial, Case No. ZC 23-06
Mr. Leeseberg presented the staff report.
Chair Larson-Vito opened the public hearing. There being no one to speak, Chair Larson-Vito closed the
public hearing.
Moved by Commissioner Beise and seconded by Commissioner Johnson to recommend approval
of a Zone Change from Planning Unit Development to C-3 Highway Commercial for the following
reason:
1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as part
of the City of Elk River Comprehensive Plan.
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Motion carried 7-0.
4.8 BK Land Development - 13161 US Highway 10 NW
Zone Change from C-3 Highway Commercial, Case No. ZC 23-07
Preliminary Plat of The Cove, Case No. P 23-05
Mr. Carlton presented the staff report.
Commissioner Mauren discussed the best access point to “Boy Scout Island” and asked about the Parks
Commission discussing Lot 5 having dedicated parking area to keep cars off the street.
Mr. Carlton stated he will speak with the scout representatives to ensure the location is best for all parties,
along with the location of any parking.
Chair Larson-Vito opened the public hearing. There being no one to speak, Chair Larson-Vito closed the
public hearing.
Mr. Carlton noted that any recommendations from the Parks and Recreation Commission will go directly to
the City Council.
Moved by Commissioner Rydberg and seconded by Commissioner Booth to recommend approval
of the request by BK Land Development for a Zone Change from C-3 Highway Commercial to R-1c
Single-Family Residential, with the following conditions:
1. City Council approval of city-initiated Land Use Amendments (LU 23-04).
2. Approval of a variance permitting 66-foot-wide lots in an R-1c zoning district.
Motion carried 7-0.
Moved by Commissioner Johnson and seconded by Keisling to recommend approval of the request
by BK Land Development for the Preliminary Plat of The Cove with the following conditions:
1. Council approval of the related Land Use Amendment (LU 23-04), Zone Change (ZC
23-07).
2. The Board of Adjustments must approve a variance permitting 66-foot-wide lots in
the R-1c zoning district.
3. The proposed public street and right-of-way must comply with all city design
standards.
4. Provide an ingress/egress easement to the benefit of the public, allowing access to
the city owned island north of the subject site – commonly referred to as “Boy Scout
Island.”
5. Identify flood zones AE and X on the plat.
6. Outlot A must be included in the expanded Right-of-Way to prevent a “spite strip”
limiting access to the existing lots west of the site.
7. Staff approval of all site and civil plans.
8. Applicant shall pay for any expensed incurred for address changes of the two existing
residential properties.
Motion carried 7-0.
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4.9 City of Elk River
Land Use Amendment, Case No. LU 23-04
Zone Change, Case No. ZC 23-04
Mr. Leeseberg presented the staff report.
Chair Larson-Vito opened the public hearing.
There being no one to speak, Chair Larson-Vito closed the public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Keisling to recommend
approval of the Land Use Amendments as shown on exhibit entitled “Land Use Map (Proposed).”
Motion carried 7-0.
Moved by Commissioner Beise and seconded by Commissioner Booth to recommend approval of
the zone changes as shown on the exhibit entitled Zoning Map (Proposed).”
Motion carried 7-0.
5. General Business
Mr. Carlton indicated with newer commissioners and changes in city legal counsel, he will provide a review
of Robert’s Rule of Order and the role of the Planning Commissioner at the July work session.
6. Council Liaison Updates
Councilmember Westgaard updated the Planning Commission of recent City Council updates.
7. Motion to Adjourn
Moved by Commissioner Johnson and seconded by Commissioner Beise to adjourn the meeting of
the Planning Commission.
Motion carried 7-0.
The meeting was adjourned at 8:15 p.m.
Minutes prepared by Jennifer Green.
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Jill Larson-Vito, Chair
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Tina Allard, City Clerk