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7.3 SR 10-16-2023Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearings October 16, 2023 Zack Carlton, Community Development Director Item Description Reviewed by Conditional Use Permit: Home Occupation, Chris Leeseberg, Senior Planner Parking Work Vehicles – 18643 Yankton St Reviewed by NW Cal Portner, City Administrator Action Requested Direct staff to bring forward a Finding of Fact denying the Conditional Use Permit (CUP) request as standards one, five, and six cannot be met. The Council would consider the resolution on November 6, 2023. Alternatively, if the City Council believes the standards for approval can be met, staff recommends including the following conditions to satisfy the standards set forth in Section 30-654: 1. Outdoor vehicle and equipment storage is limited to three bucket trucks, and two trailers with traffic control devices. 2. The applicant must remove one driveway connection to Yankton St. NW. 3. City code violations must be addressed prior to recording the CUP. 4. All parking and driveway areas must be finished with Class 5 gravel (or similar), bituminous, or concrete. 5. The applicant must receive approval of a variance permitting construction of a driveway within 100 feet of the Elk River. 6. Any additional environmental concerns noted by the city’s environmental consultant must be addressed before releasing the CUP for recording. 7. All disturbed areas need to be seeded and vegetation establishment must achieve at least 70%. 8. The home and garage shall not be used for business purposes – including the storage of vehicles, trailers, paint, and materials. 9. Vehicle and trailer parking related to the business must occur on an approved surface. 10. All vehicles must be licensed and operable. 11. Employee vehicles and company vehicles may not park on the street. 12. The outdoor storage of materials, beyond work trucks and trailers, is prohibited. 13. Maintenance of work vehicles beyond basic tasks (headlight, flat tire, etc.) is prohibited. 14. Vehicle idling ordinances must be always met. 15. The property shall comply with all city rental ordinance standards. 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 Background/Discussion Case No. CU 23-19 - The applicant, Jeremiah Shank, has requested approval of a Conditional Use Permit authorizing the operation of a home occupation business. The applicant operates a utility equipment painting company and proposes storing three work trucks and two trailers with traffic control devices in his driveway. He notes that neither the home nor the garage will be used for material or product storage. The subject property is 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 area will be on 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. Public Hearing Two residents and the applicant spoke during the Planning Commission Public Hearing. The first neighbor expressed several concerns with the property dating back many years. Here is a summary of the concerns:  There are materials left around the property and the garage, including old paint cans, pallets, and temporary shed structures.  Maintenance of vehicles has occurred on the property, beyond the basic maintenance of headlights.  He believes home occupations should serve as a transition during a growth phase and states that the subject business may have grown beyond the capacities of a home occupation at a single-family home.  Referenced alleged environmental concerns from 10+ years ago.  He has concerns with the proliferation of vehicles and trailers that have at times been located on the site. Notes that up to nine vehicles have been there before.  Notes the current driveway work may have impacted required setbacks and ordinance standards related to the proximity to the river and environmental standards.  Believes the applicant should have received a grading permit for the driveway.  Notes that the applicant may live out of state and believes a rental permit may be required. The applicant spoke and responded to the previous comments. The applicant’s responses are summarized as follows:  Vehicle maintenance, like oil changes, were done on his personal vehicles and not work vehicles. He stated that all maintenance is done at dealerships.  Acknowledged that trailers have been parked on his property in the past and asked to update his request to allow two trailers and associated traffic control devices (cones and barricades).  Stated that his driveway work was not deeper than 1-foot as stated by the resident.  Acknowledged that city staff visited the site with him 8-10 years ago to address grading and environmental concerns around the home. He said the work requested by city staff was addressed.  He does have plans to grow the business, possibly relocating the operation, but would prefer to discuss that outside of a public meeting. A second resident spoke and noted that she lives directly across the street from the subject parcel. She noted that her property is the closest to the applicant’s and said she does not have any concerns with the operation. She stated that she has not seen excess vehicles on the property, nor has she seen the street blocked by work-related vehicles. She finished by saying that she has no issues with the proposed use nor with the appearance of the site. Staff reviewed the project with the city’s environmental consultant, and she stated that, based on the information presented, the only concern at this time is the driveway extension and the setback from the river. Sec. 30-2024 notes that driveways must meet the structure setbacks for properties along the river. She noted that the applicant can apply for a variance from the required 100-foot setback for unsewered lots along the Elk River. Unless the driveway is removed, this variance will need to be processed by the city regardless of the outcome for the current CUP application or the driveway relocated. Staff informed the applicant of this standard and he is currently working on the variance application. The application will likely be reviewed by the Board of Adjustments on November 28, 2023. Additionally, the applicant planned to meet with the city’s environmental consultant on Friday October 13, 2023, to review the site and identify any possible concerns related to the environmental standards. Staff will provide an update during the Council meeting. The home occupation request has been updated to include the two trailers and the associated traffic control devices. Staff spoke with the applicant regarding the possible need for a rental license and the need to address any outstanding code violations. Based on staff’s reading of the rental ordinance standards, the current operation of the household would not require a rental license as one tenant cohabitates with the owner in a shared living space. The Planning Commission expressed concerns with the aesthetics of the residential property due to the parking of commercial vehicles and trailers. The commission felt this was a violation of the first standard, detrimentally affecting the use and enjoyment of other property in the area. They also took issue with the size of the current operation and the possibility of relocating to a commercial/industrial site. Finally, they noted concerns regarding environmental compliance, resulting in the property not meeting standards five and six of the CUP standards. The Planning Commission voted 5-1 to recommend denial of the home occupation CUP. Since the Planning Commission meeting, the applicant has continued to work to address staff comments regarding driveway removal, turf establishment, and environmental compliance. Financial Impact None Mission/Policy/Goal  Support the residential and business communities.  Meet changing needs - Agile Attachments  Planning Commission Packet dated September 26, 2023 Request for Action To Item Number Planning Commission5.3 Agenda Section Meeting Date Prepared by Public Hearings September 26, 2023 Zack Carlton, Community Development Director Item DescriptionReviewed by Jeremiah Shank –18643 Yankton St. NWChris 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 andprohibiting 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 willbe 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. Jeremiah ShankHome OccupationConditional Use Permit Background Third access must be removedExpanded driveway to accommodate parkingMaterials are not storedBucket trucks and trailers stored on sitepaints traffic signals, streetlights, etc.–Bullfrog Industries Conditional Home Occupation Business Operation Paint and materials purchased day of or stored with clientNeither the home or garage are used for business purposesEmployees arrive at property and get into work vehiclesVehicles must be parked on approved surfaces at all timessite during the winter-Up to two vehicles stored offsite depending on job-Vehicles stored offstored on site during construction seasonThree work trucks and two trailers with cones and barricades  Home Occupation Concerns 31, and 30 min. from November 1 through April 15.Idling longer than 15 min. from April 16 through October Observe vehicle idling ordinances. No vehicle maintenanceNo outdoor storageBusiness related parking on street is prohibitedtrailers with cones/barricades. Parking limited to three business related vehicles and two work Revegetate disturbed areaDriveway extension must be surfaced with gravel or pavementOne driveway connection must be removed Planning Commission and Public Hearing Lives out of state during winter, may need rental license. Permits needed for workDriveway location may impact river setbacksUp to nine vehicles parked on site at one time Numerous environmental concernssite.indtime to move to comm/–Too large for property Vehicle maintenance (oil change).temporary sheds, etc. paint cans, pallets, –Materials left around property Concerns noted by one residentTwo residents and the applicant spoke during the PH Planning Comm. and Public Hearing (cont.)open meeting.Business is growing, but would not discuss plans during Reviewed previous meeting with environmental staffAcknowledged trailer parking and asked to add to appcommercial maintenance done by dealershipsMaintenance on personal vehicles done on site, but Applicant responded to earlier comments:No concerns with application or appearance of site.Lives across the road and has not seen excess vehicles.Second resident spoke in support of application Planning Comm. and Public Hearing (cont.)request does not meet standards one, five, or six.1, stating the -Commission recommended denial by a vote of 5environmental compliance concerns. The commission also expressed concerns regarding possible Noted the proposed use may be too big for the site. commercial vehicle parking.PC expressed concerns with property aesthetics due to  Updates After PC Meeting Code violations must be addressed prior to recording CUPRental license not required based on current ordinanceAdd berm and depressions to slow and control water.Variance needed for driveway (regardless of H.O.)Applicant met with environmental staff on site Action Requested enforcement activities, and rental standards. Includes driveway variance, environmental compliance, code conditions noted in the memo. conditions, the Council may approve with the 15 recommended If Council believes the CUP standards can be met with November 6, 2023. CUP request. Specific standards must be noted. Consider on Direct staff to bring forward a Finding of Fact denying the 