4.1. PC DRAFT MINUTES 09-26-2023
Meeting of the Elk River Planning Commission
Held at the Elk River City Hall
Tuesday, August 22, 2023
Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise, Dennis Booth, Eric Johnson, Craig
Keisling, Tony Mauren, and Rob Rydberg
Members Absent: None
Council Liaison: Councilmember Matt Westgaard (absent)
Staff Present: 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 6:35 p.m. by Chair Larson-Vito.
2. Consider Agenda
Moved by Commissioner Beise and seconded by Commissioner Booth to approve the August 22,
2023, Planning Commission agenda as presented.
Motion carried 7-0.
3. Consider Minutes
Moved by Commissioner Beise seconded by Commissioner Keisling to approve the July 25, 2023,
Planning Commission minutes as presented.
Motion carried 7-0.
4.1 Pete Guidera of Coldwell Banker Realty on behalf of BPI of South Dakota, Inc. – 12698
Industrial Blvd.
Conditional Use Permit to allow Outdoor Storage, Case No. CU 23-18
Mr. Leeseberg presented the staff report. Condition 2b can be removed as it is redundant.
Chair Larson-Vito opened the public hearing.
Pete Guidera, Managing Director at Coldwell Banker Eagan– noted his client’s biggest concern is the
potential fencing requirement recommended by staff on the south side of the property. He indicated there is
a berm where the fence is currently shown, the berm is impenetrable and screens the site. He felt nothing
could access the site to remove any product without a forklift, as the items will be wrapped and difficult to
remove, which is why they don’t think fencing is required. Mr. Guidera stated there would be around a half
a dozen trucks on the property per day.
Commissioner Rydberg asked about the curb and gutter requirement.
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August 22, 2023
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Mr. Guidera stated his client’s initial plan is to utilize the area north of the red line for storage but felt within
a year they may wish to expand the outdoor storage and would be a waste of money to put curb and gutter
in today. He asked if they would they need to amend the CUP for curb and gutter.
Mr. Leeseberg stated the commission could have a condition that at the time of the expansion of the green
area, then curb and gutter could be installed. No future CUP amendment would be required. He noted that
city ordinance requires curb and gutter; the City Council can waive that requirement.
Commissioner Johnson asked if the applicant had any objection to a condition that if any expansion to the
outdoor storage area occurred, they would complete with curb and gutter at the time of expansion.
A member of the audience named Paul asked if the curb and gutter was necessary.
Mr. Guidera stated he had a conversation with engineer Ryan Sandhoefner earlier today and Ryan was not
concerned with any stormwater issues on the property. Mr. Guidera stated he would prefer not to have the
condition of curb and gutter but if there were stormwater issues they would reach out and discuss with the
city.
Commissioner Mauren asked about the eastern crash gate.
Mr. Guidera indicated there is an access road for fire protection use. The crash gate would also prevent
people coming in at night as they would close the gate at night and open it in the morning.
Commissioner Booth asked if the outdoor storage is open air type storage or inside containers.
Mr. Guidera stated the storage was open air with pallets of 24’ decking boards, shingles, building materials.
Commissioner Johnson stated he doesn’t have much of a concern with not requiring curb and gutter as
much as having a fence on the south side because of the business located to the south. The screening is
more for aesthetics and asked what the view is from the neighboring business.
Mr. Guidera stated the berm is not high enough.
There being no one else present to speak on this item, Chair Larson-Vito closed the public hearing.
Commissioner Rydberg stated the fence requirement could be a future condition and felt the curb and
gutter requirement is not necessary right now. He asked if the Planning Commission can make a
recommendation to waive the curb and gutter requirement with the City Council making the final decision.
Commissioner Johnson stated he agreed with Commissioner Rydberg and didn’t feel it was necessary they
install curb and gutter now until future expansion was completed. A condition could be added that once
they finished off the outdoor storage area the curb and gutter could be installed. The south fence, he doesn’t
feel like the condition waiving the south side fence if they’re willing to keep some of the trees for screening.
Moved by Commissioner Johnson and seconded by Commissioner Booth to recommend approval
of the Conditional Use Permit request by Pete Guidera of Coldwell Banker Realty on behalf of BPI
of South Dakota, Inc., for the property located at 12698 Industrial Blvd. to allow outdoor storage
with the following conditions to satisfy the standards set forth in Section 30-654:
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August 22, 2023
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1. Schedule a site visit with the Building Official and Fire Marshal to review the existing
building/grounds and complete any required code updates.
2. The fenced outdoor storage area shall be:
a. Limited to 90,000 square feet.
b. Fenced with a 6-7 foot tall 100% opaque fence with gates, to be closed when not in
use.
3. The fenced outdoor storage area must be paved with an approved surface (Class 5, concrete,
asphalt, or crushed concrete/asphalt).
4. Update plans to demonstrate compliance with state and local stormwater management
requirements.
5. Drive lanes need to maintain a minimum 24-foot width throughout the site.
6. Site lighting shall comply with Section 30-937.
7. Fencing shall be installed along the east and south property line as shown on the Staff Site
Plan dated August 22, 2023.
8. All driving areas and parking areas shall be bounded by B612 concrete curb and gutter upon
final expansion of the outdoor storage area.
Motion carried 7-0.
4.2 City of Elk River
Ordinance Amendment to Sec. 39-801 – Home Occupations, updating the requirements and
standards for home occupations, Case No. OA 22-06
Mr. Leeseberg presented the staff report.
Commissioner Johnson likes the addition of the Interim Use Permit (IUP) process.
Commissioner Mauren asked if Mr. Leeseberg recalled why in 2019 the motor vehicle repair home
occupation was added.
Mr. Leeseberg stated there were many motor vehicle repair businesses in our city and other cities and felt it
was better to work with the requests instead of fighting against them. Mr. Leeseberg indicated staff then
realized it has been proven to be difficult to update the buildings to commercial building standards.
Chair Larson-Vito asked for clarification on the prohibited activities section of the ordinance.
Mr. Leeseberg stated prohibited activities would not qualify if they involved any of the listed activities under
(b)(5).
Commissioner Rydberg asked about gun repair and/or sales and when it was added.
Mr. Leeseberg stated that has always been there and the City Council reviewed and reaffirmed it last year.
Commissioner Mauren asked if they could add electrical services to (b)(7). Mr. Leeseberg concurred.
Chair Larson-Vito opened the public hearing.
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August 22, 2023
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There being no one to speak, Chair Larson-Vito closed the public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Beise to recommend approval
of the Ordinance Amending Sec. 39-801 Home Occupations, updating the requirements and
standards for home occupations, as outlined in the staff report.
Motion carried 7-0.
5. General Business
Chair Larson-Vito volunteered to attend the September 18, 2023, City Council meeting.
6. Council Liaison Updates
With Councilmember Westgaard absent, Mr. Leeseberg updated the commission on recent council
decisions.
7. Motion to Adjourn
Moved by Commissioner Beise and seconded by Commissioner Keisling to adjourn the meeting of
the Planning Commission.
Motion carried 7-0.
The meeting was adjourned at 7:05 p.m.
Minutes prepared by Jennifer Green.
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Jill Larson-Vito, Chair
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Tina Allard, City Clerk