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7.3 SR 02-20-2024Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearings February 20, 2024 Chris Leeseberg, Senior Planner Item Description Reviewed by Interim Use Permit: Residential Occupation that Zack Carlton, Community Development Director Includes Outdoor Storage, Josh Clark at 21144 Twin Reviewed by Lakes Road Cal Portner, City Administrator Action Requested Approve, by motion, the Interim Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. Schedule a site visit with the building official and fire marshal to review the grounds and complete any required code updates. 2. The designated outdoor storage area shall be limited to the area shown on the staff site plan dated February 20, 2024. 3. The entire approved outdoor storage areas must be paved with an approved surface in accordance with section 30-900(a). 4. Where screening is not required, barrier style curb B612 or large landscaping boulders shall be installed to define the limits of the approved outdoor storage area. 5. Business materials, equipment, & vehicles shall not be stored outside of the approved area. 6. Business materials/equipment (excluding vehicles) shall not be higher than six (6) feet in the storage area. 7. Hours of operation shall be limited to 7:00 a.m. – 7:00 p.m. Monday through Saturday. 8. Company and employee vehicles/equipment shall be limited to idling as Section 46-34 (a)(29) outlines. 9. Outside of routine maintenance/repair, there shall be no major repair/maintenance of company vehicles/equipment on site. 10. No structures shall be utilized for the business, including storage and maintenance/repair of vehicles and equipment. 11. No direct access from the outdoor storage area to the public road shall be allowed. 12. The retaining blocks and concrete pads/footings shall be removed when there is no longer a viable landscaping business on the property. 13. 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. 14. Install 50-75 feet of berming south of the house/garage and north of the house, per section 30-807, as shown on the staff site plan dated February 20, 2024. This shall be completed by June 1, 2024. 15. A detailed landscaping plan, to scale, shall be approved by city staff. 16. City approval of all required grading permits. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: January 2023 17. Property shall comply with the rules of Chapter 23 of The Minnesota State Fire Code regarding fuel dispensing station. A detailed plan shall be provided showing how this is addressed. Upon approval, the area identified for outdoor storage on the staff site plan dated February 20, 2024, cannot be utilized until all conditions, except those with deadlines, have been met and the CUP is recorded. Background/Discussion (Case No. IU 23-01) - 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 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 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, and staff informed the applicant they needed to apply for an IUP. The applicant applied for and is seeking an IUP to expand the 2022 outdoor storage area to include business equipment and materials such as pallets of blocks, and small quantities or rock, mulch, stone, and gravel. Planning Commission During the public hearing, the applicant outlined his desires for the project, addressed public comments, read a letter of support, and outlined his preferences for screening. A resident asked what is stored in the concrete bins and what equipment will be used to handle the materials. The applicant said a skid steer would be used to load dump trucks. The resident stated that their main concern was that it is disheartening the area is not peaceful anymore due to noise and they believed it was a nuisance. Most of the discussion centered around the screening of the outdoor storage area and comparing the applicant’s desires with the ordinance requirements. The Commission agreed that most of the area was well screened by the natural vegetation and recommended an additional berm south of the house and additional berming north of the house. The staff site plan dated February 20, 2024, reflects this recommendation. The applicant also submitted a screening plan for the north side of the house. An escrow, to ensure compliance with removing the concrete bins was brought up during the meeting but the Commission did not respond. Ordinance allows the city to collect an escrow to ensure all standards of the IUP are followed. The City Council should consider this as part of their review. The Planning Commission had no additional concerns with the request after adding a thirteenth condition regarding screening and unanimously recommended approval. After Planning Commission meeting Since the meeting, staff reviewed concerns regarding outdoor fuel tanks with the Fire Department. The Fire Department stated the property shall comply with the rules of Chapter 23 of The Minnesota State Fire Code regarding fuel dispensing stations. A detailed plan should be submitted showing how this will be addressed, which has been added as an additional condition for approval. Additionally, staff received a packet of information in the mail on February 6, 2024, showing images of the site, equipment, construction activities, house remodeling, and rental property. Many of the photos and documents identified activities which do not require additional permits, but staff has contacted the applicant to verify that the residential structures are not being rented to additional commercial users. 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  Staff Site Plan Dated February 20, 2024  Applicant’s Proposed Screening Plan  IUP Recording Document  Planning Commission Memo Dated January 23, 2024  Resident Emails  Information Mailed on February 6, 2024 Staff Site Plan -February 20, 2024 00- WO $-No 0 -cow, , F -- � -, ! : t TM 'Awl Mulch to prevent 6-8ft pine tree in Boulder wall to support berm — - 3-4it tall landscape berm Landscape berms overlapping— For better screen -age R Pole Building KMN-W •4m cnoo3, to trim: --Trees Boulder wall to support i"�_3-4ft landscape berm "-Mulch to prevent weeds 21144 Twin Lakes Rd NW Elk River, MN 55330 CLARK COMPANIES CITY OF ELK RIVER SHERBURNE COUNTY INTERIM USE PERMIT Case No. IU 23-01 Permit. Sub)ect to the terms and conditions set forth herein, the City of Elk River hereby grants an Interim Use Permit ("Permit") requested by Josh Clark for the following use: Residential Occupation Interim Use Permit (includes Outdoor Storage) at 21144 Twin Lakes Rd. NW, Elk River, Minnesota Property. The Permit is for the following described property ("Sub)ect Property") in the City of Elk River, Sherburne County, innesota: That part of the Northeast Quarter of the Northeast Quarter lying south of the North 662.46 feet as measured at right angles thereof, Section 13, Township 33, Range 26, Sherburne County, Minnesota, LESS AND EXCEPT Parcel 3, Sherburne County Highway Right -of - Way Plat No. 22, according to the map or plat thereof on file and of record in the office of the Sherburne County Recorder. Owner. Owner of the Sub)ect Property at time of the approval of the Permit: CCI Holdings, Inc., a Minnesota Corporation Conditions. The Interim Use Permit is issued sub)ect to the following conditions: 1. Schedule a site visit with the Building Official and Fire Marshal to review the grounds and complete any required code updates. 2. The designated outdoor storage area shall be limited to the area shown on the staff site plan dated February 20, 2024. 3. The entire approved outdoor storage areas must be paved with an approved surface in accordance with section 30-900(a). 4. Where screening is not required, barrier style curb B612 or large landscaping boulders shall be installed to define the limits of the approved outdoor storage area. 5. Business materials, equipment, & vehicles shall not be stored outside of the approved area. 6. Business materials/equipment (excluding vehicles) shall not be higher than six (6) feet in the storage area. 7. Hours of operation shall be limited to 7:00 a.m. — 7:00 p.m. Monday through Saturday. 8. Company and employee vehicles/equipment shall be limited to idling as Section 46-34 (a)(29) outlines. 9. Outside of routine maintenance/repair, there shall be no major repair/maintenance of company vehicles/equipment on site. 10. No structures shall be utilized for the business, including storage and maintenance/repair of vehicles and equipment. 11. No direct access from the outdoor storage area to the public road shall be allowed. 12. The retaining blocks and concrete pads/footings shall be removed when there is no longer a viable landscaping business on the property. 13. 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. 14. Install 50-75 feet of berming south of the house/garage and north of the house, per section 30-807, as shown on the staff site plan dated February 20, 2024. This shall be completed by June 1, 2024. 15. A detailed landscaping plan, to scale, shall be approved by city staff. 16. City approval of all required grading permits. 17. Property shall comply with the rules of Chapter 23 of The Minnesota State Fire Code regarding fuel dispensing station. A detailed plan shall be provided showing how this is addressed. Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for the herein are complied with. The City may revoke the Permit following a public hearing for violation of the terms and/or conditions set forth in the Permit. Lapse. If within two (2) years of the issuance of the Permit the proposed work described in a conditional use permit has not been substantially completed, the permit shall expire and become void, except that the council may, following recommendation of the planning commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A conditional use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than six (6) months. Criminal Penalty. Both the owner and any occupant of the Subject Property are responsible for compliance with the permit. Violation of the terms of the Permit is a criminal misdemeanor. Recording. The Permit shall be recorded against the title to Subject Property. Dated: CITY OF ELK RIVER By: Mayor By: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of , 2024, by John J. Dietz and Tina Allard, respectively, the Mayor and City Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public DRAFTED BY: City of Elk River 13065 Orono Parkway Elk River, MN 55330 763-635-1032 Request for Action Ciry nf Elk River 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 Reviewed by Interim Use Permit allowing outdoor storage, 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 approved outdoor storage areas must be paved with an approved surface in accordance with section 30-900(a). 3. Where screening is not required, barrier style curb B612 or large landscaping boulders shall be installed to define the limits of the approved outdoor storage area. 4. Business materials, equipment, & vehicles shall not be stored outside of the approved area. 5. Business materials/equipment (excluding vehicles) shall not be 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 CR 12 �P idling as Section 46-34 (a) (29) outlines. ywy 8. Outside of routine maintenance/repair, there shall be no major 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 N E R E u [NTRjA welcoming 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 authorization 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 will 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. Authorization of the interim use will not result in adverse effects on the public health, safety, or nvelfare. 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 lo-4 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. ftm MN'°�a c cld CL M V El ai 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: Leesebera, 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 From: To: Lee m. Chris Cc: Subject: Fvv :Car Companies Requesting (IUP) Interim Use Permit for a Residential Occupation Which includes Outdoor Storage Date: Monday, January 15, 2024 3:07:58 PM 3 > To Elk River Planning Connnission; 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 > Case No. IU 23-01 a > First, it was brought to our attention this past fall 2023 that when he applied for a Conditional Use Permit in fall of 2022. Neighbor's that were notified were only neighbor's within 500ft. 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 contested 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 lie. He should have never received the Conditional Use Pen°rnit.Even neighbor's that are listed to be notified. Have said they never received anything for Conditional use Permit or anything on this upcoming ") request. People needs notices and at these 34 weeks about an upcoming Public meeting. > His Conditional Use Permit says he has to operate between 7:00am and 6.00p m. Monday -Friday. Which he has been working outside these hrs.They have been working on Sat. & Sundays, Early morning and late evening, loud noises and bright lights. 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 the Pole barns 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 until several neighbor's had complained about noise to the city. Then several its neighbor's complained about him dumpling material in his back acreage this fall. Which were we got involved. > We were inquiring what his permit allowed. Did he have a business permit? Was he allowed to be dumping his construction material in his back acreage.We 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 berms. > Our concerns for the Request for (IUP) Interim 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, tractor°s, dump trucks and loud diesel noise. They nun very loud equipmeut.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. a > 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. S -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: Leese m. Chris Subject: Photos of similar businesses operating nearby: Date: Monday, January 15, 2024 1:44:48 PM Attachments: IMG 9112.ioa IMG 9114.io© IMG 9115.ion IMG 9116.inn IMG 9118.iDo 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 property value. Many of these businesses are more visible / noticeable from the road than mine is as well. Just a few of the businesses near by... Electric Construction -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 f implements sitting all over and equipment nuurng all hours of the day due to their operation as well / the rural agricultural area we are in. I 0 ❑® I Sent frour my iPhone From: _ To: Leeseberg, 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.ioa 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 M 8J Sent from my Whone P. 1 F . i .. �.�, gji��Lf !i i�'��1� � �gI � t '^i if �•i r 1 ll�°�' +��3' a� 'Kid I �• t Y... Y, L_.• 6v7� Ik e4 !9 "Mi R` 1 21, 91 � ,��®� 9\� SI`+tt �, pp�� }�ze e, , �"9. ��`n,,.p�•.a° ►.:x�.iUw,� �"�kii"f'�affi �� 1}\,;�� - Sri �.ii �`'' �;Rt„�-�;.•,�� i a , ,q,q! 3Ya 1�a.! :940 jp Rg} Y Xr g i twyay.w�'x �� s i'Ws��.'' 4 � 41 Ji � I +� � t � �4'ti�y � _ —•ems... . t,..rz,- -_._.. �t �e•X,e ti `;ram s `� :,� � a�► t ��'��\ y i VAS i Y° r i a -- '� l 7 � y $ l' f, 4A e� 1't SF / f l } < ✓„r d 4 i 4 i T' 4 r'� �� r "—: to � �:r t .fc ��'rp�t ! r� e3x ��p�'^yY C'' ,�� r4ei``3`��„� rye rr'� .ta ~ •.'�?';>, � �.Ii ° .• � � F '., e� � � j r� y '� l` r � M1 �t tV, r � � �rw,�,.y1� �, v '� r -tee•' t • rrw�.r-,, w'4 J � v 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.ipa IMG 9110.ipa IMG 91UzIW 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: Leeseberg, 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 Fiance, and doing miscellaneous improvements on my house and buildings. -Josh Clark Sent from my Whone 2 % % 9 7 6 3 / \ 0 ƒ / / . » »e� n c o§w ® . J > 0 / 4 �® / {» ®0 § R m°y c 202 0» e ® -0 ƒ ƒ ƒ / o § * a \ o E e § \ ƒ % - o = / / Q E f § _> .L \ / _0o ® © (a) lz Q) _0 Ln 2 2 ° \ » ® K R m 8 0/ £�k Lnƒ / ��/ e > 2 / w > \�2 �\ y /\y _0' / o y n y LL- ƒ © c E m E e \ e.g 9e 0 7 / 3 m 2 »± e/ m 7 F \ k y % ® \ % 0 U) � e y _ = u r rlj * \ \ / k / \ 9 \ \ \ y / m\ mro _� �2 .\� U�� / 7 : > � yy �y 22± e� 00.9 \\\ ° ° / \» \'> 2 - 'ƒ / ? / \ 0 \ ) / $ /fig �E �y °�ƒ $ * ®® �_.- / yf e ¥ E _ . m Q09 \ / \ \ k 2 / / \ e ° \Ln/ 2 2 ± 2 / a / § > \ = e c e e \ * _ 2.// 3 � S j k a 01-23-2024 PC Handout From: To: IMMMOM Subject: Urgent objection to Case Number IU 23-01- Proposed Zoning Change at 21144 Twin lakes Rd. NW Date: Monday, January 22, 2024 9.58:41 PM Mr. Leeseberg, I am writing to express our concerns about the proposed interim use permit associated with Case Number IU 23-01, specifically for 21144 Twin Lakes Rd. NW. As residents of , located of the property in question, we Fos tare feel compelledour oWservatious and reservations. Our primary concern is rooted in the past behavior of the property owner, Josh Clark. We have noticed instances of him using the land for extensive storage of vehicles, brush and other debris, leading us to doubt his commitment to adhering to rules and regulations set by the city of Elk River. This lack of trust in the applicant's compliance raises serious reservations about the impact of the proposed zoning change on our neighborhood. We kindly request that the city thoroughly considers the potential impact on the neighborhood's aesthetics and environmental considerations. Your attention to these concerns, especially regarding the applicant's track record, is greatly appreciated. Sincerelv. FvRer, WO To m. Subject: Josh Clark -Conditional Use ProposaWA9e#IU73-01 Date: Saturday, January 20, 2024 9:09:51 PM Dear Chris: We are writing to respond to the request for the conditional use permit by Josh Clark. I did speak with Josh about the proposal, and stated our major concern was the ultimate intent of the property use. I explained to Josh that the property does get loud at times during the day when we appreciate the chance to be outside, and we would be opposed to any major expansion of his business at the current location. He was willing to find ways to minimize noise and lights etc. etc., and did not seem interested in significantly increasing the size of his commercial activities. He stated that it was important to him to be reasonable, and I take him for his word. If the true goal of the current proposal is the additions as explained in the proposed permit, we would certainly be amenable to the idea, but, the size of the operation, equipment and subsequent associated noise, is a major concern for us. The larger issue to consider, however, is the fairness to property owners presently and in the future, not only with Josh's property, but others who invest in their pro eities that more closely match the intended ro ert`r use. For example, our neighbor is in the process of planting native _ranie asses. We ale m Re process W. planting native fauna ora . The properties in this area (either recently purchased, or maintains as rest enna or many years) all seem to share a common goal of pride and stewardship to their intended use and current status as residentially taxed and valued. WM From: To: Subject: Planning Commission Clark Company Applying for (IUP) Outside Storage Date: Sunday, January 21, 2024 11:06:45 PM To Elk River Planning Commission: Clark Company Applying for (IUP) on property: 21144 Twin Lakes Road NW Elk River, MN. 55330 We are replying to an email sent to the City about us. This isn't against his business personally. This is against all Businesses in Residential areas. We aren't trying to attack Mr. Clark or his business. We want the City of Elk River to have people with businesses to be in a Commerical/ Business Zoned Area. We do understand it's very hard to start a business and find a place for your equipment. We would just like this to stay residential and businesses in business / Commercial zoned areas. This is what zoning is supposed to be for. We all need to take the emotion out of it. This is against a business in a Zoned Residential area. We shouldn't have to worry about this after we have been in our homes for a number years. The City of Elk River shouldn't let people think that if they buy a piece of property with acreage in a residential zoned area that they can start a business unless its a small low impact low traffic business. We are upset with the City of Elk River who has started to allow these businesses to start up in the last several years. Other Cities like Ramsey and even Nowthen have changed to having to be in Business/Commerical zoned areas. City of Nowthen even created a Business/Commerial Zoned area to eliminate this. We used to live in Nowthen. We moved to Elk River because we thought we wouldn't have these issues. The City of Nowthen has gotten strict on businesses now. The ones that are there are grandfathered in. We moved out here to stay in the country with acreage and live in a residential area. We never thought we would have businesses starting up around us. We are trying to live with peace among our neighbor's. We get along with all our neighbor's and have never met Mr. Clark. We are sure Mr. Clark is a very nice man and it sounds like he has been very successful in his business. Which is awesome. So this isn't personal. We understand he has built a business and needs it survive. It's not against him personally. It's against any Business. We understand it's hard for a small business. But, we also want to protect our neighbor's & our properties. It's about we want the City of Elk River not to be allowing businesses to start up and grown in a Zoned Residential area. We hope Mr. Clark can also looked at it from all of our prospectives. We have all worked very hard for our homes & properties and we are all trying to protect them and yes their property values. We all want to live peacefully & quietly in our homes and neighborhood. We all want to get along. Once again this about ANY Business in a residential area. If we don't step forward and say anything the City is going to keep letting businesses continue to grow in residential zoned areas. Which is what we are all confused about. How are you letting these large businesses starting up in residential City limits. We want to protect our investment in our home and property. The neighbor's are supposed to be notified. When we lived in Nowthen businesses at the time that were allowed had to notify neighbors within one mile radius. Which we all feel is how the City of Elk River should be doing since we live in the country and are all still within the city limits. The neighbor's are supposed to be notified and to be able to voice their opinions without worrying about retaliation. I know a few of the neighbor's have chosen to not email after Mr. Clark talked to them. Some feel a couple emails will work. They are afraid of Mr. Clark retaliating against them and their properties. Which almost anyone living out here with acreage has trailers, boats, campers. We are all okay with each other. So we are now speaking for a couple neighbor's that are afraid to come forward because of retaliation. Which is very sad. This isn't how the system is supposed to work. We are supposed to be able to speak. We get Mr. Clark is taking this personal and this is his livelihood. But, this is against Any Business in our residential zoned neighborhood that is new. We know there were some businesses here when we moved here. But, it's getting out of control and we shouldn't have to worry about new businesses. We would all like to live in peace and quiet among each other. He just happens to be the business. He is the one applying for the (IUP) for his business. This business just needs to be in business/commerical area and paying commercial taxes. Mr. Clark was very fortunate that no one voiced their concerns when he applied for his "Conditional Use Permit". The couple neighbor's I talked to that should have been notified said they never received anything about the "Conditional Use Permit". Those of us on 213th Ave. N.W. that have views of his back property. We weren't notified. So no one opposed his " Conditional Use Permit" cause no one knew anything about it. This is how the process works and Mr. Clark shouldn't be able to retaliate against any neighbor that wants to voice their opinion and protect their property and neighborhood. This is about a business operating hours and noise. Which we see he has asked to extend his days to Monday -Saturday now. Also, extend his hours 7:OOa.m. to 7:OOp.m. Shouldn't a business be Monday -Friday and 7:OOa.m-6:OOp.m? We know Mr. Clark talked to a couple neighbor's after I let some neighbor's know about this upcoming meeting last Sunday. I know he was at our property a couple times from our camera's. I know I got thrown under the bus by a neighbor who went and showed him the sheet of "The Notice of Public Hearing" that was posted in the Star News and on City site and talked to him. Plus, a lot of this information was given to me by other neighbor's. We didn't get involved or pay attention until last fall. I know from City he had several other complaints last year about his business from noise, lights and was told about a driveway on other side of street and dumping over there. Those were other neighbor's that we don't know anything about. We don't know who reported him before and it wasn't any of us. I am just the scape goat because I went to the neighbor's houses last Sunday and gave them the information from City. We not in this alone. I am just the person giving our neighbor's the information that is also posted in paper and website. We are also letting each of our neighbor's form their own opinions. We haven't told anyone what to do. We should all be informed by the City Of Elk River cause we all have views of his back property. A couple neighbor's have full view. It needs to be extended to further out that 500 feet. We are now being retaliated against by him. He was taking pictures of our property and reporting some to City in his letter to City. We were informed by neighbor's they saw him in our driveway etc. Which I am sure he was trying to talk to us.We take great Pride in our property and try to always have our property neat and clean and well maintained. We bought are property as just a house and have planted hundreds of trees and lots of landscaping and building a pole barn. We have spent a lot of money on our property. So yes, we are very protective of our property. We are now be attacked and targeted. Don't shot the messenger. We are very nice people and want everyone to get along.We are very friendly neighbor's. We are just using the Process we are suppose to and voice our opinion. We have the right to voice our opinion without being retaliated against. Mr. Clark obviously intimidated a few neighbor's to not write emails. Everyone has their own right to say what they want. I did get texted by a couple neighbor's that are worried about retaliation. I don't know what he said to them. That's non of our business and I didn't ask. We would like to stop the City of Elk River Planning Commission from handing out (IUP)'s since they have changed "The Conditional Use Permits." We need to change the notification to one mile radius to allow all neighbor's within 360 degree view and noise travels in the country. We all expect people who live out in the Country to own trailers, boats, campers, farm equipment etc. We want changes in The City Of Elk River letting businesses starting and growing in residential areas. Once again it's not personal. It's against any business in a residential area. We have been told by The City of Elk River that they have had a lot of complaints throughout Elk River on the other businesses too. This is not new. This is why they just changed the "Conditional Use Permit". It became personal against us when Mr. Clark sent the City of Elk River the letter complaining about our property. This isn't about us or our neighbor's. This about an (IUP) for a business being applied for. We all need to remember that. Thanks Sincerelv Jim Krzesowiak Subject-. Case IU 23.01 Dear Elk River Planning Commission 1 am writing today about case tl IU 23 01 Josh Clark Interim Use Permit (21144 Twin lakes Rd. NW) . I have lived at 211ti7 Twin Lakes Rd. NW. directly across from Josh Clarks property for 29 years. I have absolutely no problem with approval of his interim use permit. Josh is very respectful of his neighbors and has been very open to communication with my wife and I. We support Josh and wish him the best. Any questions please feel free to contact me at any time. Smserly lim Krtesowtak 612 490 14S7 l%m Krtesowlak January 24th,2024 Chris Leesberg City of Elk River -Senior Planner. City Of Elk River City Council. To whom it may concern. Regarding property address 21144 twin lakes Rd NW, Elk River, Mn.55330 Case #IU 23-01 We are a few neighbors who wish to remain anonymous. We have noticed the transformation of this property from a small hobby farm into a Commercial business. We know that Mr. Clark is running his landscape/snow removal business from this property. We have been following on the Planning Commissions website and council meetings. Lot of big trucks, lot of noise before and after the hours he was suppose to follow. We have also noted that 3 of the outbuildings have had extensive work done to them. We looked on the City of Elk Rivers website, no building permits had been issued to Mr. Clark at this location. These buildings were altered dramatically. We saw through Mr. Clarks social media that he had rented out a portion of these buildings. Wouldn't that make Mr. Clark a Commercial property?. Thus not a "home occupied"business. We also have seen no building permits for work he had done at his home. Several other neighbors had brough the question of Mr.Clark living at residence when he applied for his Conditional use permit. On his Finaces , social media post she stated "she was paying rent to Mr.Clark".as of 7-22-23. They were remodeling the house, so no one lived there until the remodel was complete. {see pictures enclosed} Mr. Clark's Fiance documented the house remodel on her social media. Also we have noticed several large fuel tanks and a propane next to the "shop". These are not compliant with fire code, which states 25 feet away from building. Why has the Fire Department not been out to make sure he has been compliant with fire code?. Mr. Clark also was on "the Snow Jobs" podcast May 15, 2023.On the last 5 minutes he goes on to say about retrofitting buildings and getting into property rental business. We have enclosed Mr. Clark's public social media posts about the house remodeling, building remodeling and pictures of the buildings being altered,also his snow removal business. We are hoping by sending this information to the city of Elk River that you as a city council. Will do some more thorough investigation about lack of oversight and proper permitting as it pertains to this property & Mr. Clark. Mr. Clark seems to think that he can alter buildings his and home without following the rules like the rest of us do. Mr. Clark wants you to think he is a small business, when in fact he has substantial income at his use. We oppose his #IU 23-01 for outdoor storage bin area. Thank you, concerned citizens of Elk River House Remodeling Pictures I b-n- Z0Z.'L < jr Elk River MN Bulletin Board Laura Kick • 2h ... 000 l have a large home remodel going on and I am in need of recommendations for the following: -Refinish wood flooring framing/carpentry -painting -electrician -plumber -roofing/siding -garage doors -concrete Please recommend companies! 10 comments 05 Like Q Comment Top comments 'r Heidi Noel Electrical - 0 Harrison Electric, Inc. Request Kevin 2h Like Reply marlee Humble Troy Laurent he does siding, roofing, framing, and trim! Rules h�5 rare, LGuro Write a cornment... laurakick4 ••• 262 685 904 Posts Followers Following Laura Kick 0 r�co Jesus lover 4' World traveler workout junkie Reno addict . Message +ion Farmhouse... Maisy girl Traveling Hair Fitn J TA ki Q CE) "" A 11350 11081 31483 Posts Followers Following . Ie, JOSH CLARK Entrepreneur -Motorsport Racer & Business Owner @clark_companies Follow Message Contact +° LYY Ift 1. Fun Work Travel Racing ® U lol -- - Fr O. Laura's Post Like_ .Rep I y 44d ,Beth Schamber Waterman Looks very,nice. Are you Jiving there nor? Like Reply. 4d I,J Laura Kick Beth Schamber Waterman as of yesterday! Like Reply 4d j Beth Schamber Waterman Laura Kick very cool! Dave wants to know if you're going to flip it eventually or is this a more permanent home? Like Reply 4d _ Laura Kick Seth Schamber Waterman might be used, as an office but probably wont sell due to needing the buildings and land Like Reply 4d David Waterman Laura- what:business am you-involved.in - home renovations, construction, other? I'm assuming one of those, because from whatyouu'shared in your posts, you guys do nice -work! Like Reply 4d Laura Kick David Waterman josh owns a landscaping company. He needs shop and land.: for equipment and the house came with it. Thought i would pay him rent instead of paying apartment rent that is just a loss. Like Reply 4d. David Waterman Laura.... Makes sense! Again, nice results for the Reno! Like Reply 4d 0 Beth Schamber Waterman Laura Kick sounds good! Does it have room for Maisy to run around? i L.nnea neply 4a Laura Kick Beth Schamber Waterman put in a fence but yes 24 acres Pik _Beal.v, .,411. A 2 o23 -�Vb YN-.\ h e c- G C e. 1 D0o r• cp,-e c. It x me m8 7 - 19,. 7.n-) 02, }-a_Z°3 Laura Kick Jul 22, 2023 • 0 Little house update " 27 fee 23 comments Cb Like 0 Comment (D Send po,') Share y V I Xr i J Fig My room T _ter L1i� 3 '_023 Zo23 4k .mil! � Zrl �t w'�a �� « `;. " R � �' ` •1 . 1 lie, r� " : � ,1+4 IN ,47 • ` _ I� N4-t �' `} • , .+�, " t, -��j• `+ _� •r f + jam' " �. kzt ,7 •.L. r ti•�ti44 ,f�n �e . 9 �! it ~�" . • 1 � t . \ . �". � I IN— �� . �_ ". + _ . , , ,- ��' � .�• it �� , .� ' fi` , .� ti_ - �`a�. *�!'=� ±4+5�•_'`��_w"_•�--_� ____ F�..�_�'...,r,. 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I �• Laura Mick 48m Last of the house projects done for the year! • new railing «painted doors fire pit paver patio 6 I Is a** Stomped and colored patio + regular concrete patio + paver WOW --A patio :C A=". r" H ,,--4 60 "I' SUN fImpaniestf AwMinnesota at Elk River, a %U Ld ep 18, 2023 tamped // Colored Patio: Kyle Building renovation pictures Mechanic pictures Rental Adds Business hour violations M .�- Ala Win— '1 - -� r'�4r' �Vi' �i1� yr�-�.I^ icy � - I / -t •' L � 4 ain .� y�e il+s•L•� � L g3A � Fdlu��t Sri` - .L'� Starting to took like R I cl, joshc rk237 44t I building... Ii k1l joshclark237 2h, jos clark237 3h m I: vshcl alk t - y ti►' / Aj -Z.v-Z623 ij°shclark 1Q r -- M &;-M-MA opoll' 1 IL 2.45 T p Studio 0 Baths - House $1399 / Month Send seller a message Hi, is this available? A A I Alert Share Saved Description Shop space available for rent end of winter. Multiple size options available... Perfect for a small lawn care, plumbing, hvac company, etc. Enough space to park a few vans indoors or a couple trucks with trailers & still have room for some tools, materials, etc. 28ft x 50ft = $1,399 per month 28ft x 55ft = $1,499 per month 50ft x 60ft shop building with 4 Offices = $3,499 per m ��roYY1 Shop 0444 4 got A 0 $ww mama �Gu- ooc)N� 4 0 Perfect for lawn care, plurnbin - - g, hva,c business, e- . Enough room to park 2-3 trucks j vans & still h room for some tools / materials.ave o Outdoor Storage! Sizing 14 fit iiings! 28ft x 5Oft = f 1,3gg mc�t� x = S14499 5011�q, X sore au��dwAIh a c&r�ces n It - SZ499 month Coniaci with Queioiptts— Se114'r in,,' 0i'ft'1�bOf1 See profile Josh Clark Joined FaCebo& in 2009 FONQW ♦ f � f * 1-8 (5 reviews) in-7 Q-I^7-Z a- q-zoZ shop for rent $ 1 F `.`T 0 eta �►�► Seller -At �Orrnwbl�O�A .IQsh Gird. tl*t* S Jew �1 �_ 11�ir• �a� 1:22 i 10 Elk River Elk River, MN Location is approxfmate Details Condition Description Sz.� 90R x S+OIR duo 7,71 'V, r # f 0* V`` 9 i s __ Usedi -like new W Q - q - 7- e3.7- -4 zozj mpmk%,` Ir x IF i SI-490 per month I . M < k_q_ Studio 0 Baths - House $1f490 / Month See Other Rentals You May UI( e Filter by price., .� L:dl 10 1_1 a I i i-I ; 1; !.p i�, Co Send seller a message HI S MIS Stlil at A N rx-A Q \Y Ho1mv A-A- 2A2-6 Otsego 10� Location is approximate escriptlion Shop for rent - Has water & floor drain NOT suitable for auto deajersh4 SiZe 50ft (jeep E/II 1$4 garage door Nearby Sch000b Seller information bosh Qirt tR * r1# PAI SeW details a -- I ;.aM. c w 00 La23 ICE - 2-0 - Studio 4 Baths - House $11490 / Month • . A A L02,3 Alert Share Description �rorn -�aCeboo`(-\ Shop for rent - Has water & floor drain NOT suitable for auto dealership... See more Seller information Seller details Josh Clark Joined Facebook in 2009 Follow * * * * * 1.8 (5 reviews) See all reviews q N •00 1p-Z2-ZOZ3 shop for rent $1,490 M Minm Alert Description Shop for rent! Share Save Size 30ft x 50ft deep... See more Seller information Seller details Josh Clark Joined Facebook in 2009 Follow 1.8 (5 reviews) See all reviews 1:46 ^ Cf)� Marketplace a. f r $9,999.2004... $1r999 • Snow... $2,599 • Prote... r v ' YYCJL... I i... $2,695 ' West... $1,390 ' Shop... $1,399 • Studi... $1,999 • Hinike... Free • landsca... Free • cleaning $399 ' Dji drone Q C9 CS Home Video Marketplac, Dating Notifications Menu 10:03 W. Marketplace $1,999.8x180... $3,999 • Saltd... $3,999 • Saltd... - 1 $69,999.202... $5,999 • Fellin... $14,999 • Toy... a� - Sold 1... $691999. 202... $11490 • shop f... , di... $59,999 • Bob... $69,999 .202... 0 CS Video Marketplace Dating Notifications Menu 10:00 Marketplace See all reviews Josh's listings Share Q Search listings '-°o- $1,999.8x180... $3,999 • Saltd... $3,999 • Saltd... $69,999.202... $51999 • Fellin... $ 9S --T-by ., Home Video Dating Notifications Menu • �r r� r 1 i AMN- 11C ip. +k jvshclark237 55m I e ��►� i R 49 q N Y Y i R' hrN, R x � laurakick4 Lffo� 4 t N � a t 1 0 rs. - r-, - P" 00' 0 11 ! 0- L 1 =3 1 St Mid AVROW-WTV00 NOW josil Gjar _ ?x Now hors � , 4►Orem fm imit to be hwomtho t' hWAft 0 if ft #Joe40 '. wwwrplm" o. at eqw*mo 7 l* A L' 12-Z5,-7-oza •IW I�R �qYr T P �w T - S r Clark Companies of I" .,innesvta at Elk River, Minnesota Dec 3, 2022 M OOP CLARKSOMPANIES Posts Elk River, Minnesota Follow ... W14A1 9% INN \.%7 V 1 IV II II v%/%7v<6A Oct 19, 2022 • 0 Fresh Bobcat Company L23 coming in Hot! A A 3 It -7 �r: - CON Ord oirs a -1A C D Al P .4 N f S it Mar 29, 2023 - Little waterline project today \' 'W% - • 7n 'JI . -( V / CD r 0 c 0 0 CY) > N 0 � N CY3 0 cu Own: — 401. 1 9 s41 J In Vld[ K %.fVlll fJdlllVb Vl lVIllif lUbVLd Mar 31, 2023 - Bobcat Company MT100 Things.'': Clark Companies of Minnesota is in Elk River, M Ill . Jun 8, 2023 - Our new to us F650 finished up by our friends over @gtclesigns.rr, :ae ah7 :--. 7` • a-.�� -�. ram- ,,,�'- �` _ � � � °� Zstir�+Y �4 r"ww +C F rw ysa ` w isr _,4��,`�,`'4rv�-i�•T�-'�'.y4�,.•�'g.,£�'",,°,^,5��a. *'-�,` ak ..�' �'••.�F,�a'.' "n�i:�`."• e oar �,�,*-�''� � �,��s''-"°` ._ T_.'�"�'A+ r'�.a"y�'�= s"r*+- f s�'�a3yt°taY�.''�•-r'.r..,�,.,� '�' ,�+�"`-a—-,?,.��,�-s., b -,..e+z-y��...,,,.:s.�:....: ,,, 'ems•., 4 ��'"�'ck„ rr tk.: .�..� � •�'�, r3c "'f A .mo t Ae i May 15, 2023 • S1 E16 • 54 min S016: Clark Companies, Elk River Minnesota '� The Snowjobs Podcast > 6 Play Again Played on Nov 29, 2023 The guys welcome Josh Clark of Clark Companies in Elk River Minnesota to the show, and talk to him about their growing snow operation 4:03 9 a a A i i- JOSHCLARK237 Posts Follow Hands down one of the least enjoyable & toughest years in business I've ever encountered all the way from January till now. From setting goals & not meeting them, to unforeseen customer & employee issues, to challenges on projects & expensive learning lessons costing us thousands upon thousands. To say this year was a struggle would be an understatement. That said we've still done some very cool projects this year & had the opportunity to be a part of many different types of jobs in addition to getting our feet 1 wet with getting into rental / investment properties, general contracting projects, and growing some of the previously smaller divisions of the company! ZDZ� So as the Wolf of Wall Street would say "The show goes on, I ain't fucking leaving." I'm going to try to take away from the frustrations, expensive lessons, and unmet goals to build on in 2024 & beyond! On a separate more positive side note the year was a great year personally from getting engaged, to moving into a newly remodeled house, to crushing some of my personal goals & trying new things. So, while the year as whole may have been very depressing & frustrating due to work issues I'm still going to take away some positives & try to look at the glass as half full! I'm a firm believer that if God brings you to it he'll bring you through it! Not always sure what he's trying to teach me with all these difficult lessons, but nonetheless all the glory to him as I go through them as I know I couldn't do any of it without his help! IA •ilue'll v 0 T 15- zoZ3 �f'3 On his . , f-\S��T-am I a c c. July 15 9:53 PM L�w Q HDR -I� 01 4 4�. The joys of owning equipment,*** Something is always broke' Air 11 • � � � r .f rilp- ref mir r.AT near-hinp-c r }Im 0ssLM 4 "T - . L _ - / ;4 L � L. pr r arc Companies of Minnesota clark_companies Menards Q (D V IZ-ZI- 2oZ3 4 likes i i Y clark_companies Been taking advantage of this rare winter weather to tackle many miscellaneous in house projects... #Construction #Concrete #Excavation #Landscaping @chevrolet trucks @westernsnowplows : Andrew Clark t i Lh� f� tiY Ay 3r . W ` 'S."`«. - h k l a } fi� s y err ,+ la- -loop, 1 ( V l" ` R ns-C,5 4110 ZAn •'" _ v.'`ter - ':VC,L. �--s, - Little bit of a Blank, Orange,, and . White theme going on here... L—.wL alp , V L I 13 OF (6- zo- Z02-3 4, 37 lh W, _g;p— , . mechanic % in hou-*e- woe AlEffook- 00 110 • 1vshcfark237 2h AM � Yy 17��~ r1 U J n saKy..r+na+�s+�r- aord ,min lid, 4 Q Find related content Search. F� Excavators are made for dirt and digging 1 Ake ACLAF&C LANDSCAPING I" EXCAVATION fFliltlY yiifRNi;1 � y� iA@4»Y 711lillUlfr7fl� e. solo IiST DC' ID PAVINI llf7iitill(�kl! orrioff ::rrMcriu Ma Minnesota 12 %, s Clark Companies Dumpsters Unearthing Power: Excavators + Trash Watch these heavy machines dig, lift, and a... more YJ 68 2 3 4 joIII pie rlQ37 'lh ••• x r; Ift ft. goo, s lk � r ru'fft'rT 0-w- Zv23 ik - �'r��- �. _ i •, �'.-� �R.+�c�� ` • • a Little butt of a Black, Orange, and White theme going on here... y1 7Y WA -. r� Minneapolis 1688 people added to Favorites.21 IA" JW% r" I ell rI ]I m 0 4- 0 W E N 00 N lie L N Co a 00 L. 0 L ( I C� L) cc C� Jc 0 L 0 A SAL. lh4-- o ,a)• C 0 C k— -W rDA / AW sowm rw J I _ ,tea ': � T► �~ — • + i�/mix < � 1¢ N .►Yirl ♦ _ • r. AILJW • to 'y � .� j"" .��` '�'� • ' � � J�N.. � J 44 r, 1 OP 1 1 1 .y +r� 'is ' •' fdW 1p JC L L a tir r ti ! .�• • r, ew r •Ili of 'R} At .t • . ,' 'or s �►,1916 . +� 4" w =2kl9m'f Ali i- rA f .P i 16 1 y _ djq �j yyy„•��fy/4" ° ' t ' ism,IVA -i 0.'� W'o* Al MA pk� a 4 propane tank _ 3-h 46 + M1 ,.,rr:� . tg,�- From: josh clark <joshyc.37@hotmail.com> Sent: Friday, February 16, 2024 4:00 PM To: Leeseberg, Chris <CLeeseberg@ElkRiverMN.gov>; Green, Jennifer <JGreen@ElkRiverMN.gov> Subject: Additional details from last email: In reply to your last email / attachment many of the photos & details attached were prior to neighbor complaints & additional discussions with the city on requirements etc... -Photos inside my buildings of hanging out friends and co-workers, playing bag toss, etc. are not activates that are not allowed within buildings nor are they any business activities that make me any money. -In addition, equipment I have had in a building was either prior to further discussion, is a personal piece of equipment used to maintain my property, and/or for agricultural uses being that my property is zoned R1-A and can be agriculturally used, for example in previous years my field has been hay or corn. I own many tractors, trucks, and skid-steers. Equipment like this is required for working on and maintaining a property of this size as can be found all over similar properties in the area, often inside buildings also. -I know the previous owners of this property, who lived there for 20 - 30 years had multiple trucks, tractors, skid-steers, trailers, etc. stored in the buildings never receiving complaint from these same neighbors. In addition, I know that they openly admitted to me they used the property for seasonal indoor storage of boats, campers, rv's, etc. without the city's approval, once again doing this for many years, never receiving complaints from neighboring properties. It is starting to make me feel like this is personal / they are personally attacking me. That said I have met many great supportive neighbors in the area as well, such as the ones who showed up at the last meeting to support me & Jim, who wrote the letter as well. -The photo that was after 7:00pm was taken inside of my personal truck (that also has company logos) after I had gotten done doing a long day of estimates / bids for improving homeowner's properties nearby in the area. Once again, my business works to improve the curb appeal of local businesses in our area in addition to trying to improve this property. My personal truck I use all times of the day due to living at the property. For example my day often personally starts around 2:00am and wraps up around 9:00pm due to being a driven individual, a business owner, and simply trying not to be lazy. -My buildings are not currently being rented out, but I do let some friends store a few things in one of my buildings. The contents consist of some Kayaks, an ATV, some Tools, a Van, a Car, and some Windows / Doors. These are all perfectly normal things many other homeowners have inside their buildings. That said if I need to try to apply for some kind of a separate permit for storing miscellaneous items like this in my building I am willing to do so as I am not trying to cause issues & I would hope as I have shown by paying the permit fees, being will to make the changes necessary, and taking the time to go to the city meetings that would support this. -My fiancé has occasionally paid me rent before as a roommate inside the house in an effort to help cover the mortgage. That said I live in the house full-time also and there are not any official rental agreements or anything like that, she is simply trying to help me out as mortgages aren't cheap. -As shown in the photos the person provided, I have been continually trying to make improvements to the property with assistance from my fiancé, workers, and hired contractors. In addition, I have paid for and completed building permits with the city as that is what started this whole thing with the concrete storage bins if you recall. (as it came from when the building inspector was on site) -The photo showing a propane tank on site is nothing out of the ordinary for our area. All residents, if they have heat, will likely have a propane tank in the area as there is not currently a natural gas option in our rural area. -The photo with the black GFX Truck & workers in the ditch isn't even related to my business & were due to a project the city hired a company to do involving a sewer line along Twin Lakes Road. The contractors destroyed my lawn & left black erosion control socks laying all over, but that is beside the point. Once again, I am being accused of traffic and noise due to improvements in the area that aren't even related to my business, such as this sewer work & the improvements on my house and buildings as well. -The Clark Companies material disposal bins that are not in our outdoor storage area were once again due to construction / improvements on the house / buildings. Our guys and contractors were using them for putting construction scraps / leftovers into them so that we could take them to the landfill to dump & dispose of. -The 5:33am photo from a skid-steer was personal use smoothing out the driveway & was prior to further timeline discussions with the city and neighbors. This has not occurred again since these discussions. -We have a mobile mechanic that goes out to jobsites to fix our equipment. Additionally, it was agreed that we would be allowed to perform some basic maintenance / repairs on the property as needed for our equipment such as fixing flat tires etc. We are more than happy to get rid of the junk tires & have gotten rid of some already. Additionally, we may be getting rid of our mobile mechanic as well due to our business struggling financially, causing possible lay-offs and down-sizing. Once again, our business does not make as much money as many would think and cannot afford a large commercial property. Every day is a struggle to say afloat. -Not sure how a photo of our truck at Menards is applicable, once again, we have communicated that we are doing construction-related improvements on the property. -Photos of equipment working on sections of the property have been communicated previously in detail. Some example of these improvements consist of work on the driveway, buildings, house, landscaping, etc. In addition, dump trucks on other parts of the property have played a part in this process as well. Such as, cleaning the logs up in the field from the previous owners per the city's request. -The snow blowers are used both for personal use and the business. The snow blowers are no longer stored outside, with the personal use snow blowers now being stored inside and the business use snow blowers being stored at our snow removal sites. -The waterline photo is an outdoor farm spigot like farmers use for animals' water etc. -The white shed with plywood doors is not a new building on the property and has been there for probably 30 - 40 years. Last year the roof caved in on it from the snow, so we fixed the collapsed roof & installed some new tin on the front as we did not want to just leave a collapsed building on the property. -The 11-1-2023 photo of my building with "new doors" once again is an improvement done to the property, in addition we recently removed the light on the building a neighbor was complaining about to try to be considerate to them as well as a light on another building nearby in an effort to be as cooperative as possible. Again, our goal is not to make our neighbors mad. All proper permitting and approval were completed with the city for the installation of these doors. As you can see as well, there are mature trees, a landscape berm with new 10-14ft trees, and long prairie grass / hay helping block view. This area next to the building used to be piles of logs from the previous owners, large piles of dirt, brush, and weeds. Once again, we made significant improvements to the area by these buildings & did remove the exterior lights per the request of neighbors. -Again, any photos with trailers, equipment, material disposal bins, etc. outside of the approved storage area are due to property improvements such as work on the house, buildings, driveway, and landscaping. -The reason we did not live in the property when we very first bought it were due to improvements needing to be made because the house was in really rough shape / tore apart. Once again, we do currently live in the house, continue to invest in trying to improve it, and plan to continue to live in and improve the house for years to come. -As shown in my fiancé's photos, the details I have provided, and previous conversations we are simply trying to improve the property, run a small business that currently does not make as much money as our neighbors' clearly think it does, & are simply trying to stay afloat living "The American Dream". I think we all can agree between inflation, the economy, and many other things, that is not always an easy task. I know one neighbor mentioned working 2 jobs previously, I can completely relate. Most of my life I have worked 10 to 20 hour days all in hopes of trying to build a better life which I am currently trying to do with this business, property, and my fiancé. Even to this day being a handful of years into business, I am still often only getting 4-5 hours of sleep per night due to trying to keep up with business stuff such as calls, emails, etc. and stay in decent shape. Sincerely, Josh Clark