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5.3. PCSR 01-23-2024it ci Elk* River Request for Action To Item Number Planning Commission 5.3 Agenda Section Meeting Date Prepared by Public Hearings January 23, 2024 Chris Leeseberg, Senior Planner Item Description Reviewed by Josh Clark - 21144 Twin Lakes Rd. NW Zack Carlton, Community Development Director Interim Use Permit allowing outdoor storage, Reviewed by Case No. IU 23-01 Action Requested Recommend, by motion, approval of the Interim Use Permit with the following conditions to satisfy the standards set forth in Section 30- - 654: 1. The designated outdoor storage area shall be limited to the area shown on the staff site plan dated January 23, 2024.- 2. The entire pdd�gareas e paved with u cR 3a an approved urfacein acordancewithsection O00(a) , - 3. Where screening is not required, barrier style curb B612 or large landscaping boulders shall be installed to define the limits zr of the approved outdoor storage area. RR 4. Business materials, equipment, & vehicles shall not be stored outside of the approved area. 5. Business materials/e ui ment (excluding vehicles shall not be CR 12 q P ( g ) higher than six (6) feet in the storage area. 6. Hours of operation shall be limited to 7:00 a.m. - 7:00 p.m. Monday through Saturday. 7. Company and employee vehicles/equipment shall be limited to pP idling as Section 46-34 (a) (29) outlines.y� 8. Outside of routine maintenance/repair, there shall be no major 0 repair/maintenance of company vehicles/equipment on site. 9. No structures shall be utilized for the business, including storage and maintenance/repair of vehicles and equipment. Figure 10. No direct access from the outdoor storage area to the public road shall be allowed. 11. The retaining blocks and concrete pads/footings shall be removed when there is no longer a viable landscaping business on the property. 12. An amendment to this Interim Use Permit will be required for the use of structures and for future expansions/additions not shown on the staff site plan dated January 23, 2024. Background/Discussion The property, approximately 16 acres in size, is zoned R1-a (Single Family Residential) where residential occupations with proposed outdoor storage require an Interim Use Permit (IUP). The Elk River Vision P O E R E U [NTRjA n elcoming community avith revolutionary and spirited resourcefulness, exceptional AU service, and community engagement that encourages and inspires prosperity. Updated. August 2020 The applicant received a Conditional Use Permit (CUP) in 2022 (CU 22-19) to operate a landscaping business with outdoor storage of business equipment and materials. Last year the applicant installed concrete retaining block storage bins over concrete pads/footings for various landscaping materials such as rock, mulch, and gravel. The bins were installed outside of the previously approved area, so staff contacted the applicant to let them know they need to apply for an IUP. The applicant applied and is seeking an IUP to expand the 2022 outdoor storage area for landscaping materials to include pallets of blocks, and small quantities or rock, mulch, stone, and gravel. The applicant has shared several emails with city staff (attached) outlining what improvements have been completed on the structures and property, further details on the request, other residential occupations in the area, and property values. The nearest neighboring structure to the proposed outdoor storage area is approximately 500 feet away with a fair amount of mature vegetation between them. The updated residential occupation ordinance requires a setback requirement of 50 feet from neighboring structures. Depending on the time of year, materials and vehicles in the existing and proposed outdoor storage area can be seen from the road. Screening Section 30-807 The applicant stated their screening consists of existing landscape berms, 3'-6' tall, with 8'-16' tall trees. The location of the berms/screening is shown with white lines on the applicant submitted site plan. As the commission is aware, the city recently amended its residential occupation ordinance. During that process, there was a great deal of discussion centered around whether outdoor storage should be allowed and how to minimize the impacts of that on neighboring residential properties. To minimize the impacts, the commission and council approved these regulations in the ordinance: allowing outdoor storage on lots that are 5 acres or larger, a setback of 50-feet from existing buildings, and the need to follow Section 30-807 Outdoor Storage, which states: (2) Approved outdoor storage areas must be paved with an approved surface in accordance with section 30- 900(a). (5) Outdoor storage areas shall be completely screened from view within all public rights -of -way and commercial or residentially zoned parcels. This requirement shall include gates constructed of the same screening material that can be closed when not in use. a. Screening must provide a visual barrier. Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened, but is not required to totally block the vision of any such object b. Screening shall consist of one of the two following methods. 1. A screening fence of at least six feet and constructed of one or more of the following materials: (i) Wood; (ii) Factory finished metal or vinyl panels; (iii) Chain link with vinyl slats. The slats must be maintained at all times and must be replaced within 30 days at the request of the city. 2. An earthen berm of at least three feet in height with a mixed hedge of evergreen and deciduous plant materials. (i) Plant materials must include a variety of shrubs, ornamental trees, and overstory/evergreen trees. Shrubs must be at least three feet tall at the time of installation and the plan must be approved by city staff. (ii) Earthen berms shall not have a slope of more than three feet horizontal to one foot vertical or be located within any street right-of-way unless otherwise approved by the city engineer. (6) Outdoor storage areas abutting an adjacent industrial zoned parcel are not required to be screened. a. Where screening is not required, barrier style curb B612 shall be installed to define the limits of the approved outdoor storage area. To help reduce visibility from the road, staff recommend the condition from the previously approved CUP of - "Business materials/equipment (excluding vehicles) shall not be higher than six (6) feet in the storage area" be included. The purpose of the outdoor storage ordinance is to outline screening requirements (fencing and/or berming) as well as defining the limits of the approved storage area to prevent area creep. Per the ordinance, the entire storage area needs to be paved with an approved surface (class 5, asphalt, concrete) and shall be completely screened from view where the barrier is allowed to reduce visibility but is not required to totally block the vision. In other words, the area needs to have a full barrier but does not need to be 100% opaque, a chain -link fence with fabric mesh for example. The commission should review the submitted site plan and determine if the proposal meets the screening requirements or if they would like to see the outdoor storage area limits more clearly defined with either fencing/screening and gates, the use of concrete barrier style curb B612, or large landscape boulders. The commission may add a condition requiring a fence and/or gate to be installed between the house and accessory structure to screen views into the storage area from the right-of-way. Staff recommend large landscape boulders and screening between the house and accessory structure. Employees While the business employees 10-20 employees, only a few will be on site during the day as the rest will meet on the job site. Their vehicles will be parked in the outdoor storage area. The commission can recommend a limit on the number of employees on site if needed. Structures The applicant indicated they will not be using any structures on site for the business. Any future use of these structures, including storage and routine maintenance/repair of vehicles and equipment, will require an amendment to the IUP. The building department would then review the plans to ensure they have been prepared by an architect, and ensure they meet commercial building codes. Public Comments Staff received a question from two residents asking why property owners farther away from the subject parcel are not notified and why notices are not sent out earlier. State statute requires notification of property owners within 350 feet, but the city council expanded the notification area to property owners within 500 feet. When a property is near the city limits, staff also reach out to the neighboring communities. Ten property owners in Elk River were notified of this IUP and four in Anoka County. Public hearing letters were mailed to residents in the 500-foot area on January 12, 2024. State statute also states public hearing shall be given by publication in a newspaper of general circulation in the town, municipality, or other area concerned, and in the official newspaper of the county, at least ten days before the hearing. The hearing shall consist of notice of the time, place, and purpose of any public hearing. The public notice was published in the Star News January 13, 2024. Staff received two emails opposing the proposed residential occupation citing noise, increased traffic, loud equipment, dumping of materials on the property, working outside of approved CUP hours, and property values. They also stated commercial uses should not be allowed in residential districts. Staff spoke with another property owner who was looking for clarification on what was being requested. Residenc3� Requirement The claim that the applicant is not residing on the property has been brought to the city's attention before. The applicant has confirmed with a signed document that they live on the subject property and if it were ever determined they do not, approved CUP's and IUP's would be subject to revocation as it is a requirement for home occupations under the City Code. Interim Use - Applicable Regulations Before the city council may authorize an interim use, it must make the following findings: 1. The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties. The ordinance (Section 30-801) states an approved Interim Use Permit for a residential occupation shall terminate when the property is sold or when a lease has expired. Although termination does not guarantee adverse effects will not affect nearby properties, the residential occupation outdoor storage ordinance regulations and the approved conditions strive to prevent this outcome. 2. There is adequate assurance that the property will be left in suitable condition after the use is terminated. The applicant has previously installed large concrete retaining blocks, over concrete pads/footings, to provide storage bins for various landscaping materials. These bins are suited for landscape operations but not necessarily for future residential uses. The retaining blocks and concrete pads/footings shall be removed when there is no longer a viable landscaping business on the property. 3. The use is similar to uses allowed in the Zoning district in which the property is located. The zoning district allows residential uses, which allows for either permitted or interim residential occupations. 4. The date or event that will terminate the use can be identified with certainty. The ordinance states an approved Interim Use Permit for a residential occupation shall terminate when the property is sold or when a lease has expired. 5. Authorising the use mill not impose additional costs on the public if it is necessary for the public to take the property in the future. The existing concrete retaining blocks and pads would be the only improvements that could pose a problem for a future property owner. The retaining blocks and concrete pads/footings shall be removed when there is no longer a viable landscaping business on the property. 6. The applicant and user agree to all conditions that the city council deems appropriate for authori.Zation of the interim use. This will be determined at the City Council meeting. 7. The applicant provides assurances deemed adequate by the city council that the use mill terminate as provided in the interim use permit. The city council may require the applicant to deposit a cash amount with the city, or provide some other form of security, to ensure compliance with this criteria. Again, the ordinance states an approved Interim Use Permit for a residential occupation shall terminate when the property is sold or when a lease has expired. 8. Authori.Zation of the interim use will not result in adverse effects on the public health, safety, or welfare. With the residential occupation outdoor storage ordinance regulations and proposed conditions, the use should not adversely affect the public health, safety, or welfare. 9. The proposed interim use is consistent with the City of Elk River Comprehensive Plan and conforms to the city's Zoning regulations. The use is consistent with the Comprehensive Plan which guides the property as Rural Residential and single family uses, with residential occupations, are allowed in the zoning district. Financial Impact None Mission/Policy/Goal ■ Ethical, efficient, and responsible ■ Help, not hinder citizen quality of life ■ Reflect the culture of citizens and what is important to majority Attachments ■ Location Map ■ Applicant's Narratives ■ Applicant Submitted Site Plan ■ Staff Site Plan dated January 23, 2024 ■ Section 30-807 ■ Various Emails from Applicant and Neighbors I I Josh Clark Case No: IU 23-01 HlkQ 4 Interun Use Permit River IU 23-01 Josh Clark Submitted Narrative Yes, I am the property owner, I am the sole owner of CCI Holdings. I bought the property under my name Josh Clark initially and then my accountant recommended that I put it in a holding company instead. We would like to store stuff that we use for maintaining our property at 21144 Twin Lakes Rd NW & also on landscape jobs we complete for clients. Examples of this stuff would be pallets of blocks, attachments for equipment, occasionally trailers or trucks, and primarily small quantities or rock, mulch, stone, gravel, etc. As was mentioned to Chris we already installed some concrete pads with concrete retaining blocks around them so that we could neatly & cleanly store the small quantities of rock, mulch, gravel, etc. We were informed the area where we installed these is outside of our existing approved outdoor storage area, so Chris said we needed to file for an IUP for storing stuff in the area where we installed the concrete & retaining wall blocks for storing small quantities of landscape materials. We look to use the materials for both maintaining the property at our residence (21144 Twin Lakes Rd NW) as we have a lot of landscape beds throughout the property that are rock & mulch as well as our large gravel drive way at the property. In addition we would also like to use the materials for on some of our landscaping job sites as needed. Property Narrative: As illustrated in the photo / map attached with this narrative there is existing screening in place with numerous landscape berms with trees. The yellow lines outline the desired storage area between the house & existing buildings. The white lines illustrate existing landscape berms with trees & existing tree coverage that acts as screening. The landscape berms are 3-6ft in height with 8-16ft trees on top of them. All the landscape berms are covered with either decorative landscape mulch or native grass. The desired storage area is also tucked behind the existing house & buildings on site so that it is out of view. In addition to that this property sits significantly above Twin Lakes Road so that the storage area is out of view, there is significant tree coverage with large older age trees at this property as well, and the storage area is located a significant number of feet away from other residences in the area. The area is paved with existing gravel already on site, so no new pavement will be needed. There will be no employee parking in this desired outdoor storage area. This area will consist of small piles of landscape materials (rock, mulch, gravel, etc.) sitting & neatly contained within existing concrete areas/bins. These materials will be used for maintaining the driveway & landscaping at this 21144 Twin Lakes Rd NW address as well as used to improve client's properties. Occasionally 4-5 company vehicles and/or pieces of equipment may be stored in this area as well. That said this is rare as the area is primarily desired for materials storage and needs to be kept relatively open as part of it acts as a driveway for the rest of the property. There will be little operation taking place from this desired storage area, any operations that take place will commence between 7:OOam - 7:OOpm. Applicant Submitted Site Plan L---7 1; Sec. 30-807. Outdoor storage. (a) Definitions. The definitions in section 30-1 are applicable in this section. (b) Purpose. It is the intent of this section to establish regulations which allow the outdoor storage materials within the city in a clean and safe manner. Outdoor storage areas must be approved by the city in accordance with the standards outlined in this chapter. (c) Standards. (1) Outdoor storage shall not exceed 50 percent of the parcel area. (2) Approved outdoor storage areas must be paved with an approved surface in accordance with section 30-900(a ). (3) Outdoor storage areas shall maintain the front yard setback established for the district where the use is located. The side and rear yard setback shall be ten feet. (4) Outdoor storage areas shall not be located in designated parking areas or areas striped for parking. (5) Outdoor storage areas shall be completely screened from view within all public rights -of -way and commercial or residentially zoned parcels. This requirement shall include gates constructed of the same screening material that can be closed when not in use. a. Screening must provide a visual barrier. Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened, but is not required to totally block the vision of any such object. b. Screening shall consist of one of the two following methods. 1. A screening fence of at least six feet and constructed of one or more of the following materials: (i) Wood; (i i) Factory finished metal or vinyl panels; (iii) Chain link with vinyl slats. The slats must be maintained at all times and must be replaced within 30 days at the request of the city. 2. An earthen berm of at least three feet in height with a mixed hedge of evergreen and deciduous plant materials. (i) Plant materials must include a variety of shrubs, ornamental trees, and overstory/evergreen trees. Shrubs must be at least three feet tall at the time of installation and the plan must be approved by city staff. (i i) Earthen berms shall not have a slope of more than three feet horizontal to one foot vertical or be located within any street right-of-way unless otherwise approved by the city engineer. (6) Outdoor storage areas abutting an adjacent industrial zoned parcel are not required to be screened. a. Where screening is not required, barrier style curb B612 shall be installed to define the limits of the approved outdoor storage area. (Ord. No. 16-26, § 2, 11-21-2016) (Supp. No. 59) Created: 2023-10-18 09:21:32 [EST] Page 1 of 1 From: To: Leeseberg, Chris Subject: Concerns regarding Neighbor Date: Monday, January 15, 2024 11:22:16 AM Chris, Good morning. I'm writing to you with issues we are have having with our Neighbor Josh Clark who is located at 21144 Twin Lakes Road NW. We weren't notified of his Business and have been wondering how it's possible in an agricultural/residential area? Isn't a business supposed to be in a commercial zoned area? It is no longer a peaceful area to live. We continue to hear sounds of heavy equipment running all day and night. We are wondering if he even lives in the house?? I wanted you to know what's going on. Please respond. Thank you. Sent from my iPhone Fmm: To: m. the; Gc: WR subject: CnmpanlaRequesting Can) Intenmuse Permit (oraResidential 0ccupabon Which includes Outdoor Storage Date: Malay, January 15, 20M 3:07:58 PM > To Elk River Planting Commission; > We are sending this email out of concern for The Request for an (IUP) Interim Use Permit for a Residential Occupation which includes Outdoor Storage for Clark Company. > Josh Clark > 21144 Twin Lakes Road NW. > Elk River, MN. 55330 > Care No. IT) 23-01 > First, it was brought to our attention this past fall 2023 that when he applied for a Conditional Use Permit in fall of2022. Neighbor's that were notified were only neighbor's within 50011. It also showed that neighbor across street and off County Rd. 33 were notified. Neighbor's that have full view of his property and back property weren't notified No one off of 213th Ave. NW were notified. No one corn sted this because neighbor's said they never received anything in the mail about Josh Clark applying for a "Conditional Use Permit". Which also has to be Owner Occupied. Mr. Josh Clark doesn't live at this property. He is only using this property for his business. Which he told the committee he lived there. So he started with a he. He should have never received the Conditional Use PemtiLEven neighbor's that are listed to be notified Have said they never received anything for Conditional use Permit or anything on this upcoming (IUP) request. People needs notices and at these 3-4 weeks about an upcoming Public meeting. > His Conditional Use Permit says he has to operate between 7:OOac and 6:OOp m. Monday -Friday. Which he has been working outside there hrs.They have been working on Sat. & Sundays, Early morning and late evening, loud noises and bright fights. This summer he was dumping his construction material and trees etc. on his back property. His "Conditional Use Permit" was supposed to be for storing equipment in the area that was assigned and no where else. He has also built a shed/ lean too off of one of du; Pole bums on his property which already, had as many accessory buildings as allowed. He didn't always have equipment inside this area He didn't start following these rules mail several neighbor's had complained about noise to du; city. Then several us neighbor's complained about him dumpling material in his back acreage this fall. Which were we got involved. > We were inquuiug what his permit allowed. Did he have a business permit? Was he allowed to be dumping his construction material in his back armagei found out he was granted a Conditional Use Permit Sept. 2022. We wondered why we hadn't been notified. The city looked into his dumping and he was told he had to clean up the material in the back and comply to his Conditional Use Permit. This is when he started to comply some what to hours and built all of his dirt hence. > Om concerns for the Request for (RJP) Interan Use Permit for a Residential Occupation which includes Outdoor Storage. We are very worried about them expanding there outdoor storage area. The landscaping, construction equipment, machos, dump trucks and loud diesel noise. They can very loud equipment.Even with his dirt berms we can still see his equipment. We are worried he's going to dump his construction material inside this area. What was he dumping. Also, when he is dumping what is going into our ground and into our ground water for our Wells and drinking water. This is a Residential Area. > They have employees working on equipment in yard, pole barns, garages. They aren't just using it for storage of equipment. > We live in a Residential/ Agriculture zoned area. We are all within the city limits. We don't live in a Business/Commercial Zoned Area. When we all bought here wanted to live in the country. We wanted to live in peace and quiet. We shouldn't have to worry about someone buying near us and starting a Commercial business and running it out of a residential area. If someone can afford to buy a 2nd home and pay $780,000.00 dollars for a second home you can afford to buy a commercial piece of property and pay commercial taxes on your property. The County is also loosing out on a lot of money not getting commercial taxes on a business. That needs to be in a business area not in a residential neighborhood. This De -values all of our home values. We don't want a Landscaping/Construction and Concrete business in our residential neighborhood. This is not a business area. > Notifications need to go to a mile to three mile radius. Neighbor's in the country need to be notified further out. We all have acreage. These type of business need to stay in a business zoned area. > Exception's to the zoning are for Small Home Business inside the home, small low traffic, owner occupied. This is Residential, agricultural and horse community area. > Continuing to allow this business to grow in size and scope if contrary to the reason Elk River has zoning to begin with. Please do not approve this request. > Sincerely, From: _ To: Leesebera, Chris Subject: One additional piece of info: Date: Monday, January 15, 2024 11:28:31 AM One additional piece of information I wanted to bring up as well since it may come up is that there was a lot more traffic recently this past year from the property due to the house & buildings all being remodeled, so there were contractors, material deliveries, & workers going in/out etc. as this stuff was being completed. The scope of the initial improvements consisted of remodeling the entire house (completed), fixing the building the roof collapsed on (completed), finishing the garage (completed), finishing the back building (completed), finishing the middle building (close to completion), finishing the front building (slated to start this spring). Other improvements we have slated for the property in the next 1-2 years consist of redoing the exteriors on the house & the buildings that the exteriors have not been yet replaced on, installing concrete on a large portion of the driveway to further improve it, possibly finishing the basement in the house, and continuing to improve the landscaping throughout the property as there is approx. 5 -10 acres in need of additional landscaping. (Landscape beds around remaining buildings & structures such as the windmill etc, more landscape berms with trees / mulch / decorative boulders, turf repair such as sod or hydroseed, additional pavers and concrete walkways installed, removal of additional junk from the previous owners, an irrigation system to water everything, etc.) As you can see we have plans to further improve the property & raise its value / curb appeal. That said we can not do this without contractors coming & going from the property frequently and people there doing the work on the property, which significantly increases noise, traffic, and materials that would not normally be there from the day to day business operations as these improvements are being completed. That said in order to complete these improvements we do need our business to continue to succeed & need it to continue to be able to operate from the property so that we can afford to make these improvements & keep our small business affloat. Sincerely, Josh Clark From: To: m. Chns suhie : Photos of 9milar Wsine ope ng nearby: note: Malay, January 15, MM 1:99:98 PM Alta wnents: IMG 9112.1oo IMG 9119.ioo IMG 9115.ioo IMG 9116.ioo IMG 9118.1oo Photos of similar businesses operating nearby, so even if they were to eliminate my small business there would still be many others near by supposedly hurting their properly value. Many of these businesses are more visible / noticeable from the road than mine is as well. -There are many other properties in the area with 10 or more junk vehicles and other unsightly things sitting clearly visible hurting property values as well. -In addition there are many other farm & horse operations in the area as well with equipment / implements sitting all over and equipment running all hours of the day due to their operation as well / the nrral agricultural area we are in. 0 0 0 0 0 Sent from my iPhone From: _ To: Leesebera, Chris Subject: Photos of my property from the road: Date: Monday, January 15, 2024 1:54:00 PM Attachments: IMG 9100.ioa IMG 9101.ioa IMG 9102.ipa IMG 9103.ioa As you can see in these attached photos of my property I have a lot of existing tree coverage, my property sits elevated above the road for limited visibility, and my equipment is located a decent distance back away off the road making visibility of it limited. The same circumstances go for all of my neighboring properties, the equipment is a long ways away, not easily visible, and does have screen -age with large existing trees & the landscape berms. Feel free to use any of these photos if you would like! -Josh Clark 0 0 WI Sent from my Whone y\ y y;y _y4�� _j �Ll .. .. � �� Vi �. �.- - °�i�% 41 is - �.,_ _ 7FRA I ���" '� .. ,. + ... .,..., �.: .�Uy ..' .. _ � - � �. +?.w;�n •y.. A , . A` �',,., # �;. �.,IV I ` w Y: sLy jti It I . `1 ILILl NtA i oL It 14 1 i x —f"'+4 ''}` k! , sq Lob sw w 10" Le Ior, I I— yy re A VILAI µ4 " / IN I or, ff A for oil" ti i 4 I it ^5'II K vall II I'd 11 x. .C� From: _ To: Leeseberg, Chris Subject: The primary people complaining about my business are in violation of city ordinances: Date: Monday, January 15, 2024 2:02:34 PM Attachments: IMG 9105.ioa IMG 9110.ioa IMG 9111.ioo I'm pretty positive the primary people complaining about my business, that do Not even live nearby me, but are rather much further down the road I believe are likely in violation of city ordinances as well. They have junk scattered all over their front yard, an old beater car parked on the front lawn, boats and trailers on the grass behind their pole building with weeds growing up around them, and even a 2nd boat somehow crammed under their deck off the back of their house, likely not parked on gravel or another suitable parking surface. I personally would be lead to believe these things would have a negative impact on property values as well, just as how they believe running a business near by would. Again this residence is not even a direct neighbor, but rather multiple houses down the road from me, so theoretically I would think my property should be far enough away to not even have a direct impact on their property's value. 0 Sent from my Whone From: _ To: Leeseberg, Chris Subject: Neighboring Properties: Date: Monday, January 15, 2024 2:16:01 PM I just wanted to make clear that I do not have any problems with the other properties in the area with businesses, junk vehicles, implements, noises all hours of the day, weeds, and junk all over. That said I do think everyone should be held to the same standards and that it is not right for someone to say my property is going to lower their value when there are many other properties in the area that are much worse & when I have been making a conscious effort to continually clean up and improve my property for the neighboring properties around me. Again that said I personally do not have an issues with any of the properties in the area / they do not both me / cause myself any issues. Sincerely, Josh Clark Sent from my Whone From: _ To: Leesebera, Chris Subject: Additional details about my business: Date: Tuesday, January 16, 2024 1:55:02 PM My business is primarily seasonal, doing most of its work 5-6 months of the year. This means the other 6-7 months of the year not much business related things take place at my property. In addition my business primarily operates Monday - Friday from about 7:00am until around 5pm - 7pm when our guys return from clients properties. Any work with equipment, trucks, or tools outside of these times or on weekends would have been for personal use improving my property such as smoothing out the gravel driveway, working on landscaping with my Fianc6, and doing miscellaneous improvements on my house and buildings. -Josh Clark Sent from my iPhone From: _ To: Leeseberg, Chris Subject: Re: Property Values Date: Wednesday, January 17, 2024 3:01:54 PM My email yesterday must not have went through... Can you send confirmation when you get this email? What I sent yesterday: I did some research and since I have purchased the property the majority of the neighboring properties have actually significantly increased in value in the time I have owned this property. Most have increased 25% or more in value. If I was truly significantly devaluing their properties I do not believe this would be the case. In addition my business is primarily seasonal, doing most of its work 5-6 months of the year. This means the other 6-7 months of the year not much business related things take place at my property. In addition my business primarily operates Monday - Friday from about 7:00am until around 5pm - 7pm when our guys return from clients properties. Any work with equipment, trucks, or tools outside of these times or on weekends would have been for personal use improving my property such as smoothing out the gravel driveway, working on landscaping with my Fiance, and doing miscellaneous improvements on my house and buildings. Sincerely, Josh Clark