RES 24-51Of
=T� City of Elk River
Ver City Council
Resolution 24-51
A Resolution of the City Council of the City of Elk River approving the
Interim Use Permit Application IU 24-01
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 required
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
approving the Application as the request satisfies all required standards required for issuance
of an IUP; and
WHEREAS, the City Council again reviewed the Application at its August 5, 2024 Work
Session, and directed staff to advertise the Application for consideration during a public
hearing on September 3, 2024.
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NATURE
NOW, THEREFORE, the City Council of the City of Elk River makes the following:
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 § 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 5 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 g30-801(c) states that permitted 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 residential occupation that is permitted by right. The Application is
also not for a body shop, machine shop, or hazardous activity. The City may grant
the application if it meets the requirements for an IUP pursuant to City Code 5 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.
S. 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.
9. IUP's must comply with the standards as outlined in § 30-658.
10. Approval of the Application is subject to the following conditions:
(1) The applicant and/or property owner must apply for all required
commercial building, electrical, plumbing, or mechanical permits before
any interior commercial activities can occur.
(2) A code analysis finding commercial building code compliance shall be
prepared by an appropriate registered professional.
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NATURE
(3) The fenced outdoor storage area shall be:
i. Limited to 20,000 square feet.
ii. Fenced with a 6-foot-tall 100% opaque fence with gates, to be closed
when not in use.
(4) The fenced outdoor storage area must be paved with an approved surface
(Class 5, concrete, asphalt, or crushed concrete/asphalt).
(5) The following shall be located within the fence outdoor storage area:
i. All equipment, vehicles, and products related to the business.
I Garbage and recycling dumpsters.
iii. All business or employee parking.
iv. Portable outhouses.
V. Deliveries.
(6) Dumpsters with lightweight materials shall be covered when not in use.
(7) Except for company vehicles, construction equipment, and enclosed
trailers, no materials or products can be stored higher than the top of the
outdoor storage area fence.
(8) The hours of operation shall be limited to 7:00 a.m.-7:00 p.m. Monday
through Saturday.
(9) Exterior lighting on the accessory structure and in the outdoor storage area
shall comply with Section 30-937.
(10) Dust control measures shall be used regularly in the fenced yard area.
(11) A stormwater retention pond, if required, shall be reviewed by city staff
and installed in accordance with all applicable plans.
(12) Outside of routine maintenance/repair completed only by the property
owner, there shall be no major repair/maintenance of company
vehicles/equipment on site. Routine maintenance/repair shall only occur
inside the building with all doors and windows closed.
(13) Access to the subject parcel, for business activities, shall occur only at the
single driveway located on 209`' Avenue/County Road 33.
(14) Business deliver vehicles shall not back into the site from 209`'
Avenue/County Road 33.
(15) Signage identifying the business for deliveries shall be installed per county
and city requirements.
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�4xi6RE
(16) An amendment to this Interim Use Permit will be required for future
expansions/additions not shown on the staff site plan dated June 17, 2024.
(17) The idling of a truck tractor or other business equipment in excess of 15
minutes is prohibited from April 16 through October 31, and idling in
excess of 30 minutes is prohibited from November 1 through April 15.
(18) Fifteen (15) six -foot -tall pine trees shall be planted to provide screening of
the outdoor storage area for the property to the west.
11. City Code § 30-658(c) provides for analysis and findings required to be the grant of
an IUP. The Application and proposed use, with the conditions meets 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
terminates 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. 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.
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.
Outdoor storage is allowed with an IUP in this zoning district on properties
5 acres and larger. The subject property is 13.34 acres, well above the
minimum requirement There are also other residential occupations with
outdoor storage in the area, including other occupations involving significant
commercial traffic. These uses have not adversely impacted the zoning
district.
(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.
(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.
The required conditions for this IUP does not contain any extraordinary
features that would impose additional costs on the public.
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NATURE
(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 city code has predetermined the acceptable lot sizes and distances from
existing neighboring structures so as to protect the public health, safety, and
welfare. The Application would meet or exceed all of the required minimum
distances. At the public hearings on the Application the City received
concerns about traffic, parking, noise, and access. However, the conditions
imposed on the approval of the Application adequately protect against
adverse impacts. Furthermore, after the public hearing, the City received
signatures of support from numerous surrounding property owners.
(9) The proposed interim use is consistent with the City of Elk River
comprehensive plan and conforms to the city's zoning regulations.
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. City zoning code allows for the
operation of residential occupations involving outdoor storage with an IUP
in rural residential and single-family use zones. Other, similar businesses
already operate in the area without conflict with neighboring residential uses.
The conditions imposed on the IUP adequately ensure conformity with the
planned use of the area.
12. 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 use meets the requirements for an IUP.
The permit would 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 grants the Interim Use
raflail it
INA�IJRE
Permit Application IU 24-01 for a residential occupation at 10208 209`h Avenue NW, Elk
River, MN.
Passed and adopted this 3`d day of September, 2024.
ATTEST:
Tina Allard, City Clerk
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