RES 23-46City of Elk River
City Council
Resolution 23-46
A Resolution of the City Council of the City of Elk River Denying the Request
for a Conditional Use Permit for a Home Occupation at 18643 Yankton
Street NW, Elk River, MN
WHEREAS, Jeremiah Shank, ("Applicant"), has applied ("Application") for a Conditional
Use Permit (CUP) (Case No. CU 23-19) to allow the outdoor parking of work vehicles and
trailers as a conditional home occupation at his residence, 18643 Yankton Street NW, Elk
River, MN ("Property"); and
WHEREAS, the record in this matter shall include all of the materials submitted to the
Planning Commission and City Council in connection with the August 24, 2023, Conditional
Use Permit Application; including the staff reports and all attachments thereto, all other
written materials submitted to the Planning Commission and City Council, and all staff
presentations and other testimony taken at the public meetings considering the Application
for the Conditional Use Permit, all of which is incorporated in and made a part of the
findings of fact and this resolution; and
WHEREAS, the Planning Commission held a public hearing on September 26, 2023, to
receive testimony and evidence from city staff, the Applicant and any other persons
regarding the Application; and
WHEREAS, the Planning Commission recommended denial of the Application based on
the request not satisfying standards one, five, and six, required for issuance of a CUP, and as
described in Sec. 30-654; and
WHEREAS, the City Council held a public hearing on October 16, 2023, to receive
testimony and evidence from city staff, the Applicant and any other persons regarding
whether the Application should be approved; and
WHEREAS, the Applicant and all others wishing to speak were given the opportunity to
present testimony to the Planning Commission and City Council; and
WHEREAS, the City Council, at the conclusion of its October 16, 2023, public hearing on
the Applicant's Application, directed staff to prepare a resolution making findings of fact
denying the Application as the request does not satisfy standards one, five, and six, required
for issuance of a CUP.
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NOW, THEREFORE, the City Council of the City of Elk River makes the following
findings of fact and decision with respect to the Application by Jeremiah Shank, for a
Conditional Use Permit to allow the outdoor parking of work vehicles and trailers as a
conditional home occupation at his residence, 18643 Yankton Street NW, Elk River, MN.
FINDINGS OF FACT
1. The Property is zoned R-lb (Single -Family Residential) where home occupations are
allowed according to the standards outlined in Sec. 30-801.
2. Sec 30-801(c) outlines the standards for permitted home occupations, and Sec. 30-
801(d) outlines the Conditional Home Occupation process for uses that exceed the
permitted standards described in 30-801(c).
a. Sec. 30-801(c)(2) states that permitted home occupations must be carried out
entirely within the dwelling unit.
b. Sec. 30-801(c) (3) states that permitted home occupations shall not include
the exterior storage of materials or equipment.
3. The Application includes the outdoor storage of work vehicles and trailers, violating
the permitted home occupation standards outlined above and requiring a
Conditional Use Permit in accordance with Sec. 30-801(d).
4. On August 24, 2023, the Applicant submitted a Conditional Use Permit application,
Case No. CU 23-19, the Application. The Application was deemed complete and
scheduled for review by the Planning Commission and City Council.
5. Conditional Use Permits are reviewed by the Planning Commission and City Council
and are reviewed based on the standards outlined in Sec. 30-654.
6. The Planning Commission reviewed the Application on September 26, 2023, and
voted 5-1 to deny the Application as the proposed use does not meet standards one,
five, and six — as noted below.
a. Sec. 30-654(a)(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.
b. Sec. 30-654(a)(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.
c. Sec. 30-654(a)(6) Will not result in the destruction, loss or damage of a
natural, scenic or historic feature of major importance.
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7. On October 16, 2023, the City Council reviewed the Application, and received
additional testimony from the public and the applicant.
8. The City Council concurs with the Planning Commission's recommendation and,
based on the record generated in these proceedings makes the following findings of
fact related to the Conditional Use Permit Application:
a. The outdoor parking and storage of large work vehicles and trailers will
detrimentally effect the enjoyment and general welfare of the neighborhood
immediately surrounding the Property.
(1) The large work vehicles and work trailer would be highly visible
and obviously commercial in nature. The work vehicles are bucket
trucks, which have a large visual presence and are not generally
found in residential areas.
(2) The proposed trailer is for directing traffic and is specifically
designed to be high visibility. It further contains uncovered traffic
direction material which are likewise designed to be high visibility.
This creates further obvious impact to the neighborhood.
(3) The proposed use involves parking three large work trucks and one
large work trailer outdoors on the Property, close to the street. This
use is distinctly different from ordinary residential use.
(4) The proposed use would frequently require multiple employees to
travel to and from the Property, and park there during the day,
generating additional vehicle traffic, noise, and visual impact and
further deteriorate the residential character of the neighborhood.
(5) The proposed use would require the parking of large work vehicles
and work trailers on a regular basis, and during the winter for
months on end, and would not represent an incidental use of the
Property.
(6) Given the layout of the Property there is no way to adequately
screen the proposed use without creating even more impact to the
surrounding neighborhood.
(7) The surrounding neighborhood is quiet and residential in nature,
and the proposed use would represent a large deviation from the
existing character of the neighborhood.
b. The operation of a business and parking of work vehicles will detrimentally
affect nearby residents and properties through increased traffic and excessive
noise.
(1) The proposed use includes the operation of three large work
vehicles. These large work vehicles generate more noise and impact
than personal vehicles.
(2) The proposed use would occasionally involve multiple employees
travelling to and from the Property, and parking there during the
workday.
(3) This is an after -the -fact permit application, and the proposed use
has in fact generated complaints from neighbors regarding noise
and traffic. Although neighborhood sentiment is not a basis for the
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Council's decision, these complaints are further evidence for the
Council's finding that this proposed use will cause increased traffic
and excessive noise.
c. The Property abuts the Elk River and the Application will negatively impact
the natural features of the area through increased erosion and toxic chemicals
generated by the operation of a commercial use.
(1) The proposed use would include the unsupervised parking of large
work vehicles for months at a time near the Elk River.
(2) The proposed use would generate significant traffic within a
sensitive zone along the Elk River.
9. Taking into consideration all of the testimony and evidence received, the City
Council finds that the Applicant has not established that it has met the requirements
for approval of a Conditional Use Permit and that it would not be in the public
interest to approve the Application.
DECISION
Therefore, the City Council of the City of Elk River denies the Application for amendment
Conditional Use Permit to allow the outdoor parking of work vehicles and trailers as a
conditional home occupation at 18643 Yankton Street NW, Elk River, MN, based on the
findings of fact set forth above.
Passed and adopted this 6"' day of November 2023.
c hn J. Di z, Mayor
ATTEST:
Tina Allard, City Clerk
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