RES 24-38U
`W=�City of Elk River
ver City Council
Resolution 24-38
A Resolution of the City Council of the City of Elk River Denying the Interim
Use Permit Request for a Residential Occupation at 10208 209th Ave NW
WHEREAS, Jason Bye, ("Applicant"), has applied ("Application") for an Interim Use
Permit (IUP) (Case No. IU 24-01) to allow for outdoor storage and accessory structure use
for a residential occupation at his residence, 10208 209th Ave NW, Elk River, MN
("Property"); and
WHEREAS, the record in this matter shall include all of the materials submitted to the
Planning Commission and City Council in connection with the IUP Application; including
the staff reports and all attachments thereto, all other written materials submitted to the
Planning Commission and City Council, and all staff presentations and other testimony
taken at the public meetings considering the Application for the IUP, all of which is
incorporated in and made a part of the findings of fact and this resolution; and
WHEREAS, the Planning Commission held a public hearing on May 28, 2024, to receive
testimony and evidence from city staff, the Applicant and any other persons regarding the
Application; and
WHEREAS, the Planning Commission recommended approval of the Application with
the inclusion of eighteen (18) proposed conditions to ensure compliance with the necessary
standards; and
WHEREAS, the City Council held a public hearing on June 17, 2024, to receive testimony
and evidence from city staff, the Applicant and any other persons regarding whether the
Application should be approved; and
WHEREAS, the Applicant and all others wishing to speak were given the opportunity to
present testimony to the Planning Commission and City Council; and
WHEREAS, the City Council, at the conclusion of its June 17, 2024, public hearing on the
Applicant's Application, directed staff to prepare a resolution making findings of fact
denying the Application as the request does not satisfy standards three, eight, and nine
required for issuance of an IUP.
NOW, THEREFORE, the City Council of the City of Elk River makes the following:
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FINDINGS
1. The Property is zoned R-1a (Single -Family Residential) where residential occupations
with outdoor storage or accessory structure use are allowed according to the
standards outlined in City Code § 30-801.
2. City Code 5 30-801(c) outlines the standards for permitted residential occupations,
and § 30-801(d) outlines the Interim Residential Occupation process for uses that
exceed the permitted standards described in 30-801(c).
City Code § 30-801(b)(4) provides that no residential occupation (including interim)
may "adversely affect neighboring property values or constitute a nuisance or
otherwise be detrimental to the neighbors because of excessive traffic, noise, .. .
vibration, dust or other nuisance or safety hazards."
4. City Code § 30-801(b)(5) specifically prohibits body shops, machine shops, and
hazardous materials or activities, as defined by the Minnesota Building Code.
5. City Code §30-801(c) states that pern-utted residential occupations must be carried
out entirely within the dwelling unit and shall not include outdoor storage.
6. The Application includes outdoor storage and use of an accessory structure. It is
therefore not a permitted residential occupation and requires an IUP in accordance
with City Code § 30-801(d).
7. The Applicant submitted an IUP application, Case No. IU 24-01. The Application
was deemed complete and scheduled for review by the Planning Commission and
City Council.
The Application requests an IUP to utilize an existing 20,000 square foot fenced area
and an accessory structure for indoor and outdoor storage. The Application does not
request production or manufacturing on the Property, however, the Applicant is
requesting storage for a business that occurs off site, which results in the Applicant
receiving multiple deliveries per week, equipment storage, and employee parking for
a business specializing in cellular equipment construction.
IUP's must comply with the standards as outlined in § 30-658.
10. City Code § 30-658(c) provides for analysis and findings required to be the grant of
an IUP. The Application and proposed use does not meet all required findings in
City Code � 30-658(c)(1)-(9) as provided below:
(1) The period of time for which the interim use permit is to be granted
will not terminate before any adverse impacts are felt upon adjacent
properties.
City Code § 30-801 provides that an IUP terminates when the property is
sold or the lease expires. This time limit is indeterminate and cannot prevent
future adverse impacts here because the Property already has nearby
neighboring residential uses. The proposed is not simply for outdoor storage
for use on site by the Applicant, but as a storage yard for an off -site business,
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which will and does result in numerous visits by employees daily to retrieve
items stored on the Property. The use also requires numerous deliveries
which requires delivery traffic stopping on, and blocking, the roadway to
make deliveries to the site. The residential character of the area will be
impacted by a more industrial zone type use and will be immediately
adversely impacted by a permit approval. '
(2) There is adequate assurance that the property will be left in suitable
condition after the use is terminated.
There is no indication that the proposed structure and fence will cause
adverse impact to the Property if the use is terminated.
(3) The use is similar to uses allowed in the zoning district in which the
property is located.
The Property is currently within an otherwise quiet residential area. Although
City Code can allow outdoor storage and accessory building use on
properties larger than 5 acres in the R-1 a district, the proposed operation
involves potentially 10-20 employees, and an amount of parking, storage,
noise, and traffic beyond what is found in the R-1a rural residential district.
The proposed operation will receive numerous large deliveries and trash
pickups. The scope of the proposed operation is far more industrial and
commercial than other uses found in the zoning district, is greater in impact
than the simple outdoor storage contemplated within the Code, and goes
beyond the residential character found in the R-1a rural residential zone.
Some of the proposed conditions to mitigate safety impacts, including
signage to identify the property and limit traffic impacts, themselves depart
from the residential character of the zoning district. While not exactly the
same, the use is more similar to those expressly prohibited by City Code §
30-801(b)(5) such as body shops, machine shops, and hazardous materials or
activities, as defined by the Minnesota Building Code
(4) The date or event that will terminate the use can be identified with
certainty.
The IUP shall terminate on sale or lease termination, with certainty, but the
date is not certain.
(5) Authorizing the use will not impose additional costs on the public if it
is necessary for the public to take the property in the future.
Some of the proposed conditions necessary to address safety concerns,
including the on -site turnaround area for delivery trucks, would potentially
lock in the layout of the Property such that any public acquisition, for
potential expanded roadway, for example, would impact the business as a
whole. This situation, combined with the intensity of the business use and
the volume of commercial traffic, would likely substantially increase the cost
of any acquisition by a governmental entity. This is particularly relevant given
that this property is on the Twin Lakes Road Corridor identified in the City's
Comprehensive plan as a target for capacity improvement to support
residential subdivision development; not only would the use increase the cost
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of acquisition but such acquisition is more likely to occur within the lifetime
of the IUP.
(6) The property owner or lessee agree to all conditions that the city
council deems appropriate for authorization of the interim use.
The applicant has stated he would agree to all recommended conditions.
(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.
The use will terminate with the sale of the Property, a time that is clear
enough that no further assurances would be necessary.
(8) Authorization of the interim use will not result in adverse effects on the
public health, safety, or welfare.
The use has generated noise disrupting the welfare of neighboring properties
while operating without a permit, and this noise may begin again if approved.
Given the number of vehicles accessing and parking at the property, and the
number of employees involved, there is no way to prevent this adverse
impact to the neighboring area. The operation requires frequent large
deliveries, generating substantial commercial traffic in an area without the
infrastructure to accommodate the traffic, nor intended to have such traffic.
Because of the location of the proposed use, this commercial traffic is also
mixed with residential traffic. This leads to potentially dangerous vehicle
trips, and delivery vehicles stopping on and impeding the roadway.
Sherburne County Public Works acknowledged concerns with delivery traffic
stopping on, and blocking, the roadway to make deliveries to the site. These
conditions create an adverse effect on public health and safety. Although
traffic conditions or signage could be altered to attempt to reduce these
dangers, given the volume and size of traffic the impact cannot be
eliminated. Although neighborhood sentiment alone is not a basis for the
Council's decision, the neighbor's statements provide compelling further
evidence for the Council's finding that this proposed use will generate
excessive traffic and noise —because it already has done so.
(9) The proposed interim use is consistent with the City of Elk River
comprehensive plan and conforms to the city's zoning regulations.
The level of impact and intensity of this use is not consistent with the City's
comprehensive plan. The Property is zoned R-1a, rural residential single-
family. Under the comprehensive plan, it is guided for "Traditional Single -
Family Residential." It is also within the proposed Urban Service Extension
Area for development in the near future, and it is along the Twin Lakes Road
Corridor, which is further targeted for capacity improvements to support
residential subdivision development. A commercial use generating this
volume of commercial traffic, as well as noise and the intensity of the
business storage, parking, and trash generation, is not compatible with the
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guidance under the comprehensive plan. It will create adverse impacts on the
proposed development course under the comprehensive plan and frustrate
the orderly development of the Property and neighboring areas under the
comprehensive plan. Given the intensity of the proposed use and the nature
of the proposed use as a commercial construction operation, these adverse
impacts cannot be mitigated by imposing conditions because they are
incompatible with the future development plans for the area.
11. Taking into consideration all of the testimony and evidence received, including
statements from the applicant and neighbors, staff reports, the findings of the
Planning Commission, and the memorandum from Sherburne County, the City
Council finds that the Applicant's proposed goes beyond mere Outdoor Storage, and
will have significant impacts upon safety and the quiet enjoyment in a residential
zone. The Applicant has not established that he has met the requirements for an
IUP. The permit would not be in the public interest.
DECISION
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, MINNESOTA, based upon the information received and
the above Findings, the City Council of the City of Elk River hereby denies the Interim Use
Permit Application IU 24-01 for a residential occupation at 10208 209"' Avenue NW, Elk
River, MN.
Passed and adopted this 15`' day of July, 2024.
ATTEST:
Tina Allard, City Clerk
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