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5.3. PCSR 09-26-2023Request for Action To Item Number Planning Commission 5.3 Agenda Section Meeting Date Prepared by Public Hearings September 26, 2023 Zack Carlton, Community Development Director Item Description Reviewed by Jeremiah Shank – 18643 Yankton St. NW Chris Leeseberg, Senior Planner  Conditional Use Permit for Home Reviewed by Occupation – Parking Work Trucks, Case No. CU 23-19 Action Requested Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The applicant must remove one driveway connection to Yankton St. NW. 2. All parking and driveway areas must be finished with Class 5 gravel (or similar), bituminous, or concrete. 3. All disturbed areas need to be seeded and vegetation establishment must achieve at least 70%. 4. The home and garage shall not be used for business purposes – including the storage of paint and materials. 5. Vehicle parking related to the business is limited to three and they must be parked on a finished surface. 6. All vehicles must be licensed and operable. 7. Employee vehicles and company vehicles may not park on the street. 8. The outdoor storage of materials, beyond the work trucks, is prohibited. 9. Maintenance of work vehicles beyond basic tasks (headlight, flat tire, etc.) is prohibited. 10. Vehicle idling ordinances must be met at all times. Background/Discussion The applicant, Jeremiah Shank, has requested approval of a Conditional Use Permit authorizing the operation of a home occupation at his home. The applicant operates a utility equipment painting company and proposes storing three work trucks in his driveway. He notes that neither the home nor the garage will be used for material or product storage. 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 The subject property is located in the R-1b zoning district and is 3.48 acres in size, however, much of the property is unusable due to the location along the Elk River and topography. The proposed storage will take place in the driveway along Yankton Street. The applicant was a previous employee of the company Bullfrog Industries but recently purchased the business from the previous owner. 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. The parking of licensed and operable vehicles on driveways in residential zoning districts is permitted. The concern with the request is the size of the vehicles. These are large work trucks used for painting traffic signals or similar. Staff has included conditions limiting the total number of work vehicles on site to three and prohibiting using the street for work-related parking. These conditions do not address the visual impact of the vehicle parking, but it does limit the potential impact to the neighborhood. 2. Will be consistent with the Comprehensive Plan. The Comprehensive Plan supports growing our business community and preserving residential districts. Recognizing that home occupations are an allowed use under the zoning district, 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. The adjacent residential land is fully developed with single-family residential uses. A city park is located across the river to the north, but the parking area is largely screened by the home. There is also a vacant lot across Highway 10 to the south. This parcel has received approval for a residential development including an apartment building and townhomes. The proposed use would not impact development and improvement of surrounding properties. Staff do not see a need to impose specific conditions to satisfy this standard. 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. City ordinance limits driveway connections to city streets at two. The applicant recently constructed a third driveway, creating a non-conformance. Staff spoke with the applicant about this issue and advised him to remove one of the three driveways. This process is currently underway and needs to be addressed independent of the CUP request. Staff has included conditions requiring removal of one of the driveways and requiring turf establishment in the disturbed areas. 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 property is located at the corner of Highway 10 and Yankton. The proximity to a major roadway limits traffic impacts in a residential area, including noise, smoke, fumes, etc. The parking of three work vehicles will be no more impactful from a material/equipment standpoint than legally parking three privately owned vehicles. Staff included a reference to the city’s vehicle idling standards to minimize impacts from vehicle noise and fumes. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The vehicles are parking on a driveway and will not result in the destruction or damage to natural or historic areas. Staff do not see a need to impose specific conditions to satisfy this standard. 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. Home occupations occurring in an accessory structure (attached or detached) would require updates to comply with commercial building codes. The applicant has stated that the building will not be used for business and staff included conditions prohibiting this use to affirm that statement. Staff included a number of conditions to keep the property in compliance with city ordinances. 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  Support the residential and business communities  Meet changing needs - Agile Attachments  Location Map  Applicant’s Narrative  Site graphics and photos CU 23-19 Narrative Parking of work trucks on "improved surface" (class 5) as seen in pictures attached in Site Plan. The blue truck is not a work truck, the "bucket trucks" are the work trucks for the CUP.