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7.2 SR 03-18-2024City of Elk - River To City Council Meeting Date March 18, 2024 Item Description Conditional Use Permit: Amend CUP 19-14 to Allow an Additional Structure for Office Space, Auto -Body Works, Inc., 21475 Highway 169 Request for Action Item Number 7.2 Prepared By Chris Leeseberg, Senior Planner Reviewed by: Cal Portner Tina Allard Action Requested Approve, by motion, the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654:1. 1. Approved Conditional Use Permits CU 16-09 & CU 19-14 shall be terminated and become void. 2. The buildings shall be inspected by the city building official and fire marshal to verify compliance with all building and fire codes. 3. All septic systems must provide a certificate of compliance or notice of noncompliance for the existing septic system and must be signed by a licensed inspection company or by a qualified employee certified as an inspector who is authorized by the local unit of government. The certificate of compliance or notice of noncompliance must be submitted to the local unit of government no later than 15 days after any compliance inspection. 4. There shall be no repair or maintenance of vehicles outside the buildings. 5. All customer vehicles shall be stored inside structures or within the screened outdoor storage area as shown on the staff site plan dated March 18, 2024. 6. The outdoor storage area shall be completely enclosed with a six-foot high 100% opaque fence by April I, 2024. Gates shall be closed when not in use. 7. There shall be no repair or maintenance of vehicles outside of buildings. 8. Car, truck, RV, and marine sales shall not be allowed. 9. The Conditional Use Permit must be recorded by April 15, 2024. Recording As the property is currently being utilized without the prior CUPS being recorded, the city needs assurance the property will become compliant in a reasonable timeframe. Upon approval, this CUP shall be recorded by April 15, 2024, or the city may begin the revocation process. Background/Discussion The property was rezoned to Highway Commercial eight years ago and received two Conditional Use The Elk River Vision A avelcoming community zvitl) revolutionary and spirited resourcefulness, exceptional service, and community p p W E R E U A T engagement that encourages and inspires prosperit1�"`MURfJ229 Permits (CUPS), one in 2016 and another in 2019. Neither CUP has been recorded with the county as the property owner has received several extensions to continue finalizing the project. A condition of approval for CU 19-14 was the 1,500-square-foot office/house structure shall be removed by October 21, 2021. To date, this has not occurred. The applicant is requesting an amendment to their existing CUP (CU 19-14) to allow the office/house structure to remain and transition to a permitted office use. The structure has already been converted into office space and the applicant will need to obtain the proper commercial building permits for that work. Other than the addition of the office building, nothing else will change from what was previously reviewed and approved. The property is zoned Highway Commercial (C3) where auto body repair requires a CUP. The property is bound by US Highway 169 on the west with a commercial concrete business across the highway, two properties the applicant owns to the south, and ERX Motor Park, an off -road racing facility, to the east and north. The property includes a pole building of roughly 2,300 sq. ft., an office/house structure at roughly 1,500 sq. ft., and a pole building at roughly 10,400 sq. ft. Planning Commission The Planning Commission asked how many employees and customers his business had and if the applicant was confident he had enough time to bring the project into compliance. Mr. Haugland indicated he has five to seven customers and receives one to three tow trucks dropping off vehicles per day. He indicated if his business was filled, his parking spaces would be around half capacity. He also stated he was certain he could have the outstanding items completed by April I, 2024. The Planning Commission had no additional comments or concerns and unanimously recommended approval. Financial Impact None Mission/Policy/Goal Attachments 1. Staff Site Plan Dated 03-18-2024 2. Planning Commission Meeting Packet 02-27-2024 3. Draft CUP Recording Document Page 62 of 229 N e7*62'J8• w 409.00 Staff Site Plan - March 18, 2024 1� �— -- --- Forr—n—Ay. This lsnola survey. d IE ��•�� iR2J' PROPOSED ELERGREEN �— _ �a.. WIEE LOGEION (ttP.) 1RF/OY eKW ® ,1d (REEIO.E El0'IWG x f qWN iIE1D) -------//III 1 A RETUNING wNl BOUMI S CURB gq STORM NNpf111� ;�NIGTMEM BA41 'i DRMWAT� ' i i I AM RAMP ACCESS (RY OWNFRj /� snuwAr F. 104 �-� RELCGTE PROPANE TLxx _______________�•/ I ii �T8 — © (NNAL LOGIpN Br OwxFR) pBN � R-t5' SPILLWAY 5 ry W RETUNING WUL L.2J.8' u _ 0R�wPRI(INGSE MD d °E �+ R0.0' F,—f—Dory. Tel, L mP—y. L B ED yo A 9 ➢GNCRErE PIO ca+cRErE vAo d LR1a.12 Q I 0 PROPOSED 9,720 SF BUILDING d 'q FFE=1003.0 \ 1. Q PROPONm 16V11 d 'r \ d s \ Outdoor storage area ypE xaK Shall be completely ondosed with a six-foot high 100% opaque fence For rein noe Dory. misenataswrev \ ]os' d It V f \ IV NIGN RETUNING I— Page 63 of 229 City of RiverY To Planting Commission Agenda section Meeting Date Public Hearin,,,, February 27, 2024 Item Description Auto-Rec Bodyworks Inc. --- Ric Haugland, 21475 US Highway 169 NW ■ Amendment to Conditional Use Permit CU 19-14 to allow home on property to remain, Case No. CU 24-02 Request for Action Item Number 5.5 Prepared by Chris Leeseberg, Senior Planner Reviewed by Zack Carlton, Community Deve Reviewed by Action Requested Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30- 654: t Director 1. Approved Conditional Use Permits CU 16-09 & CU 19-14 shall be terminated and become void. 2. The buildings shall be inspected by the city's Building Official " cR 31 and Fire Marshal to verify compliance with all building and fire codes. 3. All septic systems must provide a certificate of compliance or zi notice of noncompliance, for the existing septic system, and we must be signed by a licensed inspection business or by a qualified employee certified as an inspector who is authorized Hwy io by the local unit of government. The certificate of compliance CR 12 or notice of noncompliance must be submitted to the local unit of government no later than 15 days after any compliance unspection. 4. There shall be no repair or maintenance of vehicles outside of the buildings. 5. All customer vehicles shall be stored inside structures or within f`%9 the screened outdoor storage area as shown on the staff site plan dated February 27, 2024. Figure i 6. The outdoor storage area shall be completely enclosed with a six-foot high 100% opaque fence by April 1, 2024. Gates shall be closed when not in use. 7. There shall be no repair or maintenance of vehicles outside of buildings. S. Car, truck, RV, and marine sales shall not be allowed. 9. The Conditional Use Permit must be recorded by April 15, 2024. Recording As the property is currently being utilized without the prior CUP'S being recorded, the city needs assurance the The Elk River Vision P a w t R E 0 a r A rz�elcamlrrNATURE g commututy rr�ith reavl�rtiorray and ip1rfted resourxerhress, extotionc�l serr}ice, and community engagement that encow ages and inspires pii9s ity. Uprlrrterl ]rxrrzrcrry 2023 Page 64 of 229 property will become compliant un a reasonable timeframe. Upon approval, this CUP shall be recorded by April 15, 2024, or the city may begin the revocation process. Background/Discussion The property was rezoned to Highway Commercial eight years ago and received two Conditional Use Permits (CUPS), one in 2016 and another in 2019. Neither CUP has been recorded with the county as the property owner has received several extensions to continue finalizing the project. A condition of approval for CU 19-14 was the 1,500 square foot office/house structure shall be removed by October 21, 2021. To date, this has not occurred. The applicant is requesting an amendment to their existing CUP (CU 19-14) to allow the office/house structure to remain utilized as an office. The structure has already been converted into office space and the applicant will need to obtain the proper commercial building permits for that work. Other than the addition of the office 'building, nothing else will be changing from what was previously reviewed and approved. The property is zoned Highway Commercial (0) where auto body repair requires a CUP. The property is bound by US Highway 169 on the west with a commercial concrete business across the highway, two properties the applicant owns to the south, and GRX Motor Park, an off -road racing facility, to the east and north. The property contains a pole building at —2,300 sq. ft., an office/house structure at —1,500 sq. ft., and a pole building at—10,400 sq. ft. Analysis Comprehensive Plan The Gravel Mining Area Land Use, Transportation, and Utility Plan guide the properties for Highway Business uses where commercial uses are allowed and encouraged. The proposed use is consistent with the Comprehensive Plan. Access/Parking Access to the site is off US Highway 169 in the northwest corner of the site. The parking requirement for the proposed office is one stall for every 300 square feet of area. The building is 1,500 square feet in size, requiring 5 stalls. For auto repair, it is also one stall for every 300 square feet of area. The two buildings are 12,700 square feet in size, requiring 53 stalls. The submitted plan shows 45 parking stalls but there is enough area for proof of parking. Section 30-901 states all driving areas and parking areas shall be hounded by B612 concrete curb and gutter. Utilities The septic system for the 10,400 sq-ft. building approved with CU 19-14 meets compliance for the commercial activities. With the change of use of the house to an office, a certificate of compliance may be required, which would require documentation from a licensed designer that the current septic system meets the design requirements of the septic code for "other establishments". GradinglDrainage All areas of impervious surface must be treated. The applicant shall submit, as needed, calculations and designs of stormwater Best Management Practices (BMP's) for the property as-builts. Applicable Regulations In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood, or the city. Page 65 of 229 The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. bill not endanger; injury or rdetrirttewac ly affect the use and enjoyment of oMerptuperty ' flee imrrtediate aicziriy or' flae public health, safety, rraoials, comfoii, convenience or general iitelfare of the neighborhood or the City. Industrial and off -road racing facilities surround the property. The use will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience, or general welfare of the neighborhood or the cite. Staff do not see a need to impose specific conditions to satisfy this standard. 2. Will be consistent niflr the comprehensive plan. The use will be consistent with the comprehensive plan which guides the property as Highway Business. Staff do not see a need to impose specific conditions to satisfy this standard. 3. W'ill not impede the noirnal acid oirdeily development and improvement of sirirnirnrlitig vcacranf propel 0, As the surrounding properties are currently being utilized, the use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff do not see a need to impose specific conditions to satisfy this standard. 4. WIN be seared adequately by and ivill not ardvei ely affect essential public facilities and services including stt�ets, police and fi9r protection, drainage, refuse di.00sal, nwer and seiversystem.s, packs and schools; and ivill not, inparficulai; agate ante congestion or inter fvrflt`e nifli ttafc on acl� jacent and neighborriag public thorn,ughfaies. The use will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and Schools: and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. Staff do not see a need to impose specific conditions to satisfy this standard. 5. WIN not involve uses, activities, piocesses, rriafeiiah, equipment and conditions of operation teat n all lie detirmental to any peixons orproper-ty because of excesxive ante, rioise, smoke, fames, glair, odois, dust or vibmfions: The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust, or vibrations. Staff do not see a need to impose specific conditions to satisfy this standard. 6. W'ill not resatlf iti the destruction, lass ordamage of ra natural, scenic or' historic feaature of rncajor` irrrportrance. There are no natural, scenic, or historic features on site. The use will not result i7 the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff do not see a need to impose specific conditions to satisfy this standard. 7. Wlill fully covoynitb all other• rrquit ements of this Corte, including any applicable rrquh ements and standar rhi for• the issuance of a license orpeimit to estabfssh and operate the proposed tare in the city. The use will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Page 66 of 229 The recommended conditions ensure all other state and local standards are satisfied. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Financial Impact None Mission/Policy/Goal ■ l\'()rk with businesses to achieve goals Attachments • Location Map ■ Applicant's Narrative • Submitted Site Plans • Staff Site Plan dated February 27, 2024 • Section 30-807 - Outdoor Storage • A list of all previously approved CUP conditions Page 67 of 229 A ti 1 Ter Rick Haugland Conditional t1se Peri-i-n't If Case No: CU 24-02 Elk:: -VfCF9 PagPd 2� 1 /25/2024 CITY OF ELK RIVER PROJECT NARRATIVE I am applying for this amendment because the house was a perfect candidate for an office. It is in the center of the complex. It is a small, prefabbed house on block with no stairs going to the separate [evel. The structure has been vacant for over three years with residency. Bathrooms are ADA compliant and has only 2 bedrooms for separate offices. The entrance has a courtesy ramp in front and ADA ramp in back with handicap parking next to it. The house was set up for handicap residents till they passed. SINCERELY, RICK HAUGLAND Page 69 of 229 — — _ w eYss:T9• w Roseau_ — — — — _ _ — — — — LEGEND; ouP>,AI�,nNR. n ---------------------- CAP >4 "—!d H¢W�-� a"---- � - L•p STA YST+V] r 5eu' Fwx e Wa FIMMIONS A 2. ALL CO/ICRER PN lkc STAL y, CONTRACTOR LOCAMN OF CONSTRUCTIW 4. CC TW TCR TO THE START S. CONSTRUCTION COUNN -0 6. SRE SHALL BI APPROVED w 7- NO SNOW ETC SNOR SHALL 8. NO FREE-ST. BE INSTALL O' REFER TO AM 9- E.LUINC €W APVRp "TE- FOR OomR . n SITE PLAN PAWS -Af k N .3.08 ACRES x fl PARNINC�STALL t .UN..Iw PAR0 PARNINO STALLS .TOTAL STALLS •TOTAL ADA Sri THE Fnuaw Nc:" ALL PLAPFTS MUST fag 70 of 229 p�,r � - oolcc r �r���..- — y N BT'S2"d9' W _ — cawnA E d TIE INTO EKISTING BUILDING - - fJ� ✓ i � r a..olw._zaw• Wr. ��° �•° RELPJNING WALL A� 1Oa.%`' 2 foi wA a� qra po ieaw, 1 Img T '4 r`' niu aw t imax 1. 1 C(N - rr d ANI p`E Cal 'Al r "' 2. M iMl � 9.r�r � Gt ► W Cd �+ ✓rf �1. C" STF WID N5 me?w mna. E ymw q W a3/XM m u PROPOSED 9,720 SF BUILDING M FFE=1003.0 .\,,\ 7. EN 1 r RAIN GARDEN W/ ROCK .. I E.AN65CAPJNG L' o t t �w1e —PROTECT PETAL RQ WALL d Wf UNER ON SE SIDE Aw e ^� I �q ww. roan '•. a I DIRECT ORAINNLE TOO FMGARDEN RE ,11NIPNG WALL Flag 71 of 229 LEGEND: { ,�' "„' w i.-_�� ....___.. ,� wn.no •+cFraa nrvee. sLl xt. Sc~', EL WO. X t ti XrSr M ffi P xf x'MMW [y[Wl�pl S;'�r--._ _ � ' � " � '� %ri M Yn M 'S. S.. M1's fY•/w.'M ,� ,/_-•`y� � f¢ � �� �� — r' -- r _— r - `�-- �"-�� "1 � wxRs %MW ro ffiY xw;4u Wks sosfMmx B` 1 F' "`l�. i `,! _ •• ..4� ��M 1eeW ti xxrst'a6 [.LNeh ti /L// xJ// �• /�9y� N� RE+NlJlli. .:a..w 8t �\EA _ _ acr � � 4- / i ' / '+��--�. �_--- _. � n • 'I� GRADING GENERAL NOTES /' � - `, � IK_cc+«.Lls• w.L � � wsac�nsxs vcl.sv: sns*w: l �� r r / ... � �'Fa� '• x. tGrx."MCSpI iM4t cGCW[ Iir t[IfY M [!f[.fl'S iw rt< ✓xIX td: .. RA{/SOtE09.7?OS!!llxlCNl[y `� IfE•:LWLO L _ �RL•A..xM: W/ RSGf PN e i PK — — .IJIF. K 01P(x1 GI NJI L'W5[S Sw iS.xt o�u'. ocae.ss its s..s- laxnrx; ++� � eso«s :K •Iw. i, cv.,e cxw s+wi u.x 4.b-wlew sex u VWwv Jkt25 pY weni crorntwS h[ 4.x rLVtE. stew i ac«racxae arw" Mls`r n-v� nvwrs m nwt nar7 Y MP.2 n..iMrK m SIISlY .Nn reemlu fA47r5 4GYi SSAf89. MRRUn. Un[i r4 Pnfir G+Rs.I�QL gS.9fF +ni nW1.ys1L M! •lre�. m Yrf:1" rY.fF 4 u .4x Sn*11" .OnP^�. xOLVr pee M urc ep/WCR �bX. 7 KP.L fic l.p2LI �. �w u'.1"m...lw aku s.w.:.IcOaL wvLw or st*a +u s.4.9JW n eJLf p .61Yp. *SrS9L ILa IL x�wy(J r�i.x na`.rix0 !/ M LonlAocaR sar10 Ls Wfl91 p vw.L m xx srw u+L,wx�xrs � a. onxaa o;.n rc> M rWP4J 'c � Cwn S6 "� µ � J[tiEx+V +}rtc.cr-s 6 •.lV*= JRl Ewl l Mf it Rr 4Y (: SI0.S ve4S' YYxi'. 0i1r[Rrh` RPd'3L1L 9u.iFrii T lAse i x Ge � pWl R R"PTiO iM Ml L w.R i—n OAR a7 tiSw�tS nr0 Nelft 3. En Page 72 of 229 Staff Site Plan - February 27, 2024 4 v v 1p v 1 a v v v v v --•rT. v v � --r v —v I � x '\ 1 v SrOMI F•AM QpISYE 6tl4 - gT,PmpuS C'm ; l�.ssuFM all" Lw ram / ROE �` Ar � !' REta _i PMiYNIE YNiK /F' ssP+u+uww �f� LOG*x1" m w,m�y tp sPnirnT P ra' 1 _ n i� aErNr.w w.rr rs.r �II i" a' Pun,nc my l a.. no, $� I C Cu[1E PWT— ovcanNo /—.1, PR8P175£09,72O 5� 6UILOtNGwow ord Outdoor storage area m \ Shall 6e mrnp6etely on tosed with s six-foot high 100%Mque tence Fd I \\ Page 73 of 229 1 Sec. 30-807. ❑utdoor 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; (H) 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. (Ord. No. 16-26, § 2, 11-21-2016) (Supp. No. 59) Created: 2023.10-18 09.21:32 [EST] Page 1 of 1 Page 74 of 229 Case No. CU 16-09 1. The CUP shall not be recorded until all applicable conditions have been completed. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. 4. The Conditional Use Permit is not a building permit and the applicant must apply for and receive approval of required building and sign permits before construction may begin. 5. The building shall meet all building and fire codes. 6. The building shall be inspected by the city's Building Official and Fire Marshal to verify compliance with all building and fire codes. 7. All septic systems must provide a certificate of compliance or notice of noncompliance, for the existing septic system, and must be signed by a licensed inspection business or by a qualified employee certified as an inspector who is authorized by the local unit of government. The certificate of compliance or notice of noncompliance must be submitted to the local unit of government no later than 15 days after any compliance inspection. 8. The outdoor parking area shall be completely enclosed with a six foot tall privacy fence. Chain link fencing with vinyl slats are not permitted. 9. All operations must occur within the 2,407 square foot building. There shall be no repair or maintenance of vehicles outside of the building. 10. All comments in the Environmental Memo dated 3-11-16 shall be considered. 11. All comments in the Engineering Division memo dated March 15, 2016 shall be addressed. 12. All comments in the Minnesota Department of Transportation District 3 memo dated March 15, 2016, shall be addressed. 13. Car, truck, RV, and marine sales shall not be allowed. Case No. CU 19-14 1. The approved Conditional Use Permit (CU 16-09) will become void. 2. The 1,500 square foot Office/house structure shall be removed by October 21, 2021. 3. The building shall be inspected by the city building official and fire marshal to verify compliance with all building and fire codes and all identified violations must be addressed prior to issuance of any new building permit for the property. 4. All septic systems must provide a certificate of compliance or notice of noncompliance, for the existing septic system, and must be signed by a licensed inspection business or by a qualified employee certified as an inspector who is authorized by the local unit of government. The certificate of compliance or notice of noncompliance must be submitted to the local unit of government no later than 15 days after any compliance inspection. 5. All vehicles stored on the premises shall be stored within an area which is screened by a six- foot high 100% opaque fence. 6. There shall be no repair or maintenance of vehicles outside of buildings. 7. Car, truck, RV, and marine sales shall not be allowed. Page 75 of 229 CITY OF ELK RIVER SHERBURNE COUNTY CONDITIONAL USE PERMIT Case No. CU 24-02 Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a Conditional Use Permit ("Permit") requested by Auto-Rec Bodyworks Inc. — Ric Haugland for the following use: Conditional Use Permit to Amend CU 19-14 to allow home on property to remain at 21475 US Hwy. 169 NW Property. The Permit is for the following described property ("Subject Property") in the City of Elk River, Sherburne County, Minnesota: That part of the East Half of the Southwest Quarter (E 1/2 of SW 1/4) of Section 10, Township 33 North, Range 26 West, Sherburne County, Minnesota, described as follows: Commencing at the Northeast corner of the Southeast Quarter of the Northwest Quarter (SE 1/4 of NW 1/4) of said Section 10, thence South 00 degrees 02 minutes 12 seconds East, assumed bearing, along the North and South Quarter line of said Section 10, a distance of 2,647.21 feet to the Southeast Corner of Oudot B, AGGREGATE COMMERCIAL SECOND ADDITION, according to the duly recorded plat thereof and the Point of Beginning of the tract to be described; thence North 87 degrees 52 minutes 39 seconds West, along the south line of said Outlot B, a distance of 409.00 feet to the easterly right of way line of Trunk Highway No. 169 per State Project 7106 (169=18-21); thence South 8 degrees 48 minutes 41 seconds Bast, along said easterly right of way line, a distance of 212.61 feet; thence South 38 degrees 42 minutes 37 seconds East, along said easterly right of way line, a distance of 230.71 feet, said point marked by a 1/2-inch solid iron pin; thence South 89 degrees 47 minutes 29 seconds east, a distance of 232.11 feet to the east line of said East Half of the Southwest Quarter; thence North 00 degrees 02 minutes 12 seconds West, along said east line, a distance of 375.82 feet to the Point of Beginning. Owner. Owner of the Subject Property at time of the approval of the Permit: Rick Allan Haugland, owner Page 76 of 229 Conditions. The Permit is issued subject to the following conditions to satisfy the standards set forth in Section 30-654: 1. Approved Conditional Use Permits CU 16-09 & CU 19-14 shall be terminated and become void. 2. The buildings shall be inspected by the city's Building Official and Fire Marshal to verify compliance with all building and fire codes. 3. All septic systems must provide a certificate of compliance or notice of noncompliance, for the existing septic system, and must be signed by a licensed inspection business or by a qualified employee certified as an inspector who is authorized by the local unit of government. The certificate of compliance or notice of noncompliance must be submitted to the local unit of government no later than 15 days after any compliance inspection. 4. There shall be no repair or maintenance of vehicles outside of the buildings. 5. All customer vehicles shall be stored inside structures or within the screened outdoor storage area as shown on the staff site plan dated February 27, 2024. 6. The outdoor storage area shall be completely enclosed with a six-foot high 100% opaque fence by April 1, 2024. Gates shall be closed when not in use. 7. There shall be no repair or maintenance of vehicles outside of buildings. 8. Car, truck, RV, and marine sales shall not be allowed. 9. The Conditional Use Permit must be recorded by April 15, 2024. 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: March 18, 2024. CITY OF ELK RIVER By: By: Mayor John J. Dietz City Clerk Tina Allard Page 77 of 229 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 NW Elk River, MN 55330 Phone: 763-635-1032 Page 78 of 229