7.4 SR 06-17-2024City of
Elk -
River
To
City Council
Meeting Date
June 17, 2024
Item Description
Interim Use Permit: Residential Occupation with
Outdoor Storage, 10208 209th Ave NW - Jason Bye
Request for Action
Item Number
7.4
Prepared By
Chris Leeseberg, Senior Planner
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Approve, by motion, an Interim Use Permit with the following conditions to satisfy the standards outlined in
Section 30-658 (c):
1. The applicant and/or property owner must apply for all required commercial building, electrical,
plumbing, and/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.
3. The fenced outdoor storage area shall be:
a. Limited to 20,000 square feet.
b. 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:
a. All equipment, vehicles, and products related to the business.
b. Garbage and recycling dumpsters.
c. All business/employee parking.
d. Portable outhouses.
e. Deliveries.
6. Dumpsters with lightweight materials shall be covered when not in use.
7. Except for company vehicles, 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 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.
The Elk River Vision
A avelcoming community zvitb revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 A T
engagement that encourages and inspires prosperity
372
13. The site shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight,
excluding vehicles servicing on -site dumpsters.
14. Access to the subject parcel, for business activities, shall occur only in the single driveway located on
209th Avenue/County Road 33.
15. Business delivery vehicles shall not back into the site from 209th Avenue/County Road 33.
16. Signage identifying the business/deliveries shall be installed per county and city requirements.
17. 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.
18. The idling of a truck tractor or other business equipment in excess of 15 minutes from April 16
through October 31, and 30 minutes from November I through April 15, is prohibited.
Background/Discussion
The property, approximately 13 acres in size, is zoned R I -a (Single Family Residential) where residential
occupations with proposed outdoor storage and/or use of an accessory structure require an Interim Use
Permit (IUP). The applicant requests an IUP to utilize the existing 20,000 sf fenced area (100% opaque) and
accessory structure for indoor/outdoor storage, deliveries (likely a couple of times a week), equipment
storage, and employee parking. The business specializes in cellular equipment construction across Minnesota
and neighboring states. They erect cellular towers and provide civil construction services preparing the sites
for the towers. The applicant is not requesting approval for production or manufacturing on the property.
Planning Commission
The Commission asked if the accessory structure was being used in the request and if the IUP could be
revoked if conditions were not met. Staff clarified that the accessory structure is part of the request, and the
permit can be revoked if conditions are not met.
Public Hearin
Deann Wells and Bryan Rucks, neighbors to the subject property, provided the following comments:
• Reviewed the code enforcement activities from February 2023.
• Outlined concerns about past practices/use of the property before the applicant applied for the CUP
in 2023. They were concerned with the patterns of behavior reoccurring.
• They reviewed the following sections:
Section 30-801 discusses not jeopardizing the residential character or health, safety, and general welfare of
the surrounding neighborhood and lists prohibited activities. Noted that the proposed operation does not add
to their property value and described negative activities discussed during the applicant's previous CUP
request.
Section 46-31 which is from the Public Nuisance Code, and states that excessive noise, disruption, and
other public nuisance activities are injurious to the public health, safety, and welfare and interfere with the
quiet enjoyment of life and property. They stated this code is set in place for those affected by these types of
situations.
This section of the code is in place for all properties across the city for enjoyment of life and property in general. The
city recognizes that introducing residential occupations in residential districts will be noticeable and strives to include
approval conditions aimed at mitigating its impact.
Section 46-34 which is from the Public Nuisance code and lists nuisances, including materials covering
more than one percent of the total lot area of a lot.
This section of the code is in place for all properties across the city but through the ordinance, outdoor storage of
Page 227 of 372
occupational materials/equipment is allowed with an approved Interim Use Permit as part of a residential occupation.
The three ordinance sections are attached.
• Outlined concerns with the city processes, specifically with how city staff have spoken with the
applicant regarding the IUP/CUP process and directed him to the necessary applications and required
submittal materials.
• Stated one of the conditions from the July 25, 2023, Planning Commission staff report was not
followed.
o The CUP application was withdrawn, so no conditions were approved or binding to the applicant.
• A tractor and trailer are close to 26,000 pounds.
o Ordinance states that under permitted residential Occupations, Occupations shall not be serviced by
delivery vehicles larger than 26,000 pounds gross vehicle weight.
o Vehicles larger than 26,000 pounds can be approved with an IUP.
• Deliveries stopping on the road, which is dangerous. What is going to be done to make sure no
accidents occur?
o The county has reviewed the application and does not have concerns with the proposed activity (IUP).
Their review notes that the use will not compromise the safety of the county road but agrees vehicles
stopping on the road is a safety concern and suggests signage be installed. (A response letter from the
county is attached)
• What happens if the project is abandoned?
o It would be cleaned up by the property owner or the city would clean it up and assess it back to the
property, as would be done with any property in any zoning district.
• The applicant is asking for the same thing as he did with the 2023 CUP, nothing has changed.
o The proposed use is the same, but the City Council recently adopted updated residential occupation
standards. Specifically, standards regulating outdoor storage on residential lots larger than S-acres.
• Somehow, in the last year, the city redid zones to allow this to occur. They did not see anything in the
paper regarding how this was changed.
o The ordinance amendment process began in February 2023 (two months before the initial CUP
application)
o Public notices were published in the newspaper in August 2023 and again in October 2023
o Large turnout at the October 24, 2023, Planning Commission public hearing supporting outdoor
storage.
o City Council approved the amendment in November 2023
• Does not like the way this process is happening.
• Going by the ordinance and by their experience, they believe their concerns have been infringed upon.
• Trash pickup with commercial roll -off bins is likely over 26,000 pounds.
o Ordinance limits the size of delivery vehicles, again for permitted residential occupations.
o The council can limit the number of times the bins can be serviced per week if they desire.
• Questioned if it is fair that a business can run from 7:00-7:00 Monday — Saturday in a residential
district next to homes where someone may want to host family gatherings and now need to worry
about dust and noise?
• Was Sherburne County notified of the proposed project?
o The application was sent, via email on May 3, 2024, to six county staff for review, and city staff
received no feedback.
o Staff reached out again, per public comments, to verify the county comments were the same as the
CUP review. A memo from the county is attached.
Jason Bye, the applicant, had the following comments:
• He further explained his request and addressed speculations provided during the public hearings.
Page 228 of 372
• Described the types of work his business does and how he plans to utilize the property.
• Understands that the building needs to meet commercial building codes.
• He noted that his operation is consistent with several other businesses operating with outdoor
storage/accessory structures near his property, most without a CUP/IUP to an extent greater than
what he is asking for.
• Noted that he installed 220 feet of privacy fencing along the west property line to help screen the
storage area.
• He noted he now lets his employees drive company vehicles home, so there are fewer business and
employee vehicles on site.
• Clarified that he spoke with staff before purchasing the property to discuss his options and that he was
told a CUP would be required for a home occupation.
o Staff did speak with him before he purchased the property, as they do many times a year with people
seeking to purchase land or a building and want to know their options, whether for a home occupation
on a residential lot or a retail business on a commercial lot.
• He has requested that his suppliers now make deliveries with a box truck rather than a semi -truck.
• He owns a semi -truck which he is allowed to have on the property.
o Section 30-991 states tractor -trailer parking (only in the R-1 A district on parcels five acres or larger) is
allowed as an accessory use.
• Stated that when code enforcement was on his property in early 2023, his accessory building was
under construction and that his employees did most of the work, contributing to the large number of
people observed on -site.
• Has no concerns with the recommended conditions.
The Planning Commission had concerns about the proximity of the outdoor storage area to the house to the
east but understood the updated residential occupation ordinance codified a 50-foot setback.
While the commission had concerns about the proximity of the outdoor storage area to the neighboring
house, they unanimously recommended approval as there are conditions in place to mitigate impacts on
neighboring properties.
Since the Planning Commission meeting, staff spoke with Ms. Wells at City Hall. Staff agreed the request
(proposed use) has not changed but that the ordinance did change as it relates to the review and approval of
residential occupations. After numerous discussions with the Planning Commission and City Council regarding
changes to the residential occupation standards, the Council approved the amendment in late 2023. Staff
reviewed the major changes within the ordinance amendment, including codified hours of operation, an IUP
vs. CUP, and outdoor storage with lot size and distance requirements. Regarding her concerns that were
noted during the public hearing and related to staffs role in advising applicants before and during the land use
process, staff reiterated that their role includes guiding applicants through the public review process -
including relevant application materials, documents, and likely conditions.
Lastly, after speaking with Sherburne County, staff added two additional conditions per their request.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs - agile.
Opportunity to live, work, and play.
Attachments
Page 229 of 372
I. Planning Commission Memo dated May 28, 2024
2. Location Map
3. Staff Site Plan 6-17-2024
4. Sections 30-801, 46-31, 46-34
5. Assistant Public Works Directo-Deputy County Engineer Memo dated June 5, 2024
6. IU 23-01 Interim Use Permit
7. 7.4 Bye Presentation
Page 230 of 372
City of
Elk - -
River
To
Planning Commission
Meeting Date
May 28, 2024
Request for Action
Item Number
5.3
Prepared By
Chris Leeseberg, Senior Planner
Item Description Reviewed by:
Interim Use Permit: Residential Occupation with Zack Carlton
Outdoor Storage, 10208 209th Ave NW - Jason Bye
Action Requested
Recommend, by motion, approval of an Interim Use Permit with the following conditions to satisfy the
standards set forth in Section 30-658 (c):
1. The applicant and/or property owner must apply for all required commercial building, electrical,
plumbing, and/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.
3. The fenced outdoor storage area shall be:
a. Limited to 20,000 square feet.
b. 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:
a. All equipment, vehicles, and products related to the business.
b. Garbage and recycling dumpsters.
c. All business/employee parking.
d. Portable outhouses.
e. Deliveries.
6. Dumpsters with lightweight materials shall be covered when not in use.
7. Except for company vehicles, 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 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. Shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight.
The Elk River Vision
A avelcoming community zvitb revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 B
INPAA
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engagement that encourages and inspires prosperity
872
14. Access to the subject parcel, for business activities, shall occur only at the single driveway located on
County Road 33.
15. The idling of a truck tractor or other business equipment in excess of 15 minutes from April 16
through October 31, and 30 minutes from November I through April 15, is prohibited.
Background/Discussion
The Planning Commission and City Council began reviewing the residential occupation ordinance amendment
back in February 2023. Several meetings over several months occurred, with outdoor storage being reviewed
thoroughly. The council did not have concerns with considering outdoor storage in conjunction with
residential occupations if it was on parcels 5 acres or larger, setback 50-feet or more from all existing
residential structures (houses) on adjacent parcels, and follows Section 30-807 Outdoor Storage. The City
Council approved the amendment in November 2023, which also states that residential occupations occurring
in detached structures or have outdoor storage require an Interim Use Permit (IUP). The IUP process limits
the business to the current property owner and not the property itself, as an approved IUP shall terminate
when the property is sold or when a lease has expired.
The property, approximately 13 acres in size, is zoned R I -a (Single Family Residential) where residential
occupations with proposed outdoor storage and/or use of an accessory structure require an IUP. The
applicant is requesting an IUP to utilize both the existing 20,000 sq.ft. fenced in area (100% opaque) and
accessory structure for indoor/outdoor storage, receiving deliveries (likely a couple of times a week),
equipment storage, and employee parking. The business specializes in cellular equipment construction across
Minnesota and neighboring states. They erect cellular towers as well as provide civil construction services,
preparing the sites for the towers. The applicant is not requesting approval for production or manufacturing
on the property.
The nearest neighboring house structure to the proposed outdoor storage area is approximately 65 feet away
(50-feet required) with an accessory structure located approximately 35 feet away. The applicant has installed
about 220-feet of fencing along the west property line to screen the screened outdoor storage area from the
adjacent property.
If the IUP is approved, the Building Department will review the commercial building permit for all commercial
building codes with the Engineering Department also reviewing the site for all stormwater regulations.
Employees
While the proposed business employs 10-20 employees, only a few will be on site during the day as the rest
will meet on the job site. Employee vehicles will be parked in the outdoor storage area and could be on site
for numerous days.
Deliveries
Deliveries will be received most often by a flatbed truck or Amazon type trucks delivering packages. The
ordinance limits deliveries for residential occupations to vehicles no heavier than 26,000 pounds gross vehicle
weight.
The city recognizes that introducing residential occupations in residential districts will be noticeable and
strives to include approval conditions aimed at mitigating its impact.
Interim Use - Applicable Regulations
Before the city council may authorize an interim use, it must make the following findings:
PageORV) i72
I. 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 detached accessory structure and fenced -in area, the areas being reviewed, are currently located on the
parcel. If the Interim Use Permit is terminated, the site will be left in a suitable condition.
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 the zoning district on properties 5-acres or larger. The subject
property (13.34 acres) is well above the required minimum. The city has also approved residential
occupations with outdoor storage areas.
4. The date or event that will terminate the use can be identified with certainty.
Yes, 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.
S. 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.
If the public were to take over the property, no additional costs would be imposed on the public, as there are
no extraordinary features to the request.
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. A cash deposit does not appear to be necessary to comply
with the criteria.
8. Authorization of the interim use will not result in adverse effects on the public health, safety, or welfare.
The ordinance has predetermined acceptable lot sizes and distances from existing neighboring structures.
With the 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.
PageoglobM
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community.
Attachments
I. Location Map
2. Applicant's Narrative
3. Outdoor Storage Plans
4. Building Plan
5. Site Plan
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Project Location Map
Jason Bye
Intellt-11 Use pen-ilit
Case No: IU 24-01
Pageo5lf)872
Dear: City of Elk River
I am the co-owner of Rothmeyer TEC, a wireless construction company based out of Anoka, MN
(The "Company"). The Company specializes in cellular civil construction across Minnesota and
neighboring states. I am asking the City of Elk River (the "City") to consider allowing the
accessory structure and surrounding fenced in yard on my property located at 10208 209t'
Avenue NW, Elk River, MN to be used as a home occupation by granting me an interim use
permit to allow for the accessory structure and the surrounding yard to receive deliveries for the
Company, store materials for the Company, to allow employees of the Company to park in the
yard, and to allow for storage of certain vehicles.
This is not a request to use the property in an industrial manner; activity will be limited. The goal
is to utilize the property as a point place for certain equipment needed before employees travel to
a job site and to allow the employees to meet at a central location. No production or
manufacturing will be occurring on the property. My family and I will continue to utilize the
property for its primary purpose — a residential home. Other than common maintenance,
machinery and vehicles will not be worked on.
Description/Scope of the Project. The property is about 13 acres in size. My family and I live at a
residential home on the property. The accessory structure I am proposing to use is approximately
6,750 square feet. I would propose using a 20,000 square foot yard surrounding the accessory
structure, which includes a fence surrounding the yard using 100% opaque material to shield and
prevent anyone from being able to see the material being stored.
I am proposing to use the accessory structure on the property and the yard surrounding the
structure to receive deliveries for the Company and store materials. Deliveries would be received
most often by a flatbed truck or trucks like trucks delivering Amazon packages. The vehicles
making the deliveries will create limited noise, the "beeping" typically heard with semi -trucks
will not be an issue. The property is still primarily being used as a residence, so deliveries would
likely only occur one to two times per week.
I would also like the Company to utilize the yard surrounding the accessory structure, for the
purposes of parking Company vehicles, parking employee vehicles and storage of other
Company material. Any materials stored in the yard would be properly screened. The employees
will not be traveling to the property each day. They will travel to the property to drive together in
a company vehicle to the job site, where they typically work for a week. There would be a
limited increase in traffic.
The request is consistent with the comprehensive plan. The property is zoned in the R-la district.
The primary use of the property is residential, but I would also like to use the property for
accessory use as allowed by City ordinance. The City does allow home occupations when
permitted. The property is categorized as Rural Residential. Due to the nature and size of the
property, neighbors are not close in proximity to the property, so the character of the district will
be maintained.
I have had prior conversations with the City and the Planning Commission about using the
property in the manner described above. Due to those conversations, I am proposing the
following conditions for the property:
4854-9338-8157, v. 1
A fence is installed around the yard. The fenced off area is limited to 20,000 square feet,
material. The fenced is laid out as depicted below:
2. The area inside the fence will be paved with a crushed concrete/asphalt surface.
3. All equipment related to the Company will be stored inside the fenced in area. This
would include dumpsters, business/employee parking.
4. Dumpsters will be covered when not in use.
5. No material or products will be stored height than the fence, except for company vehicles
and enclosed trailers.
6. The hours of operation shall be from 7:00 a.m. — 7:00 p.m. Monday through Saturday,
when deliveries can be received.
7. Exterior lighting utilized for businesses purposes shall be limited to one hour a day
during operational hours or directional fixtures will be used that meet the city ordinance.
8. Dust control measures will be utilized in the fenced area.
9. No major repair or maintenance of company vehicles or equipment shall occur on the
property, outside of routine maintenance. Any minor maintenance or repair that needs to
be completed will occur in the accessory structure.
10. Access to the property for business activities will occur at the driveway located on
County Road 33.
11. The idling of business equipment in excess of 15 minutes will be prohibited from April
16 through October 31.
12. The idling of business equipment in excess of 30 minutes will be prohibited from
November 1 through April 15.
13. The accessory structure will be brought up to commercial code before business related
activity occurs at the property.
14. 200 feet of 7' tall fence is installed at the west property line to further screen the
neighbors per previous council recommendations.
4854-9338-8157, v. 1
PAeX45of)872
4854-9338-8157, v. 1
Pageoftf)872
dumpsters
BUILDING CODE SUMMARY
BUILDING LOCATION
• 10208 2091h Avenue NW, Elk River, Minnesota 55330.
BUILDING REFERENCES
• Rothmeyer TEC - Redlined construction drawings (dated 06-28-23).
• ARK Septic - Letter & site plan sketch (dated 08-01-22).
• Cleary Building Corp. - Letter & construction drawings (dated 09-22-21).
BUILDING SYNOPSIS
• Existing single -story building (6,736 square feet) divided into two spaces.
• The smaller space (1,536 square feet) will be used to store telecommunications
equipment.
• The larger space (5,200 square feet) will be used to store telecommunications
equipment and construction equipment.
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APPLICABLE CODE(S)
• 2020 Minnesota State Building Code.
OCCUPANCY CLASSIFICATION
• Group S-1, Moderate -hazard Storage. (Section 311.2)
TYPE OF CONSTRUCTION
• Type VB. (Table 601)
SPRINKLERS
• Approved automatic sprinkler systems in new buildings and structures shall be provided in the
locations described in Sections 903.2.1 through 903.2.12. (Section 903.2)
• An automatic sprinkler system shall be provided throughout all buildings containing a
Group S-1 occupancy where one of the following conditions exists: (Section 903.2.9)
• A Group S-1 fire area exceeds 12,000 square feet.
• 6,736 square foot fire area - Sprinklers not required.
• A Group S-1 fire area is located more than three stories above grade plane.
• Single -story - Sprinklers not required.
• The combined area of all Group S-1 fire areas on all floors, including any
mezzanines, exceeds 24,000 square feet.
• 6,736 square foot fire area - Sprinklers not required.
• A Group S-1 fire area used for the storage of commercial motor vehicles
where the fire area exceeds 5,000 square feet.
• Commercial Motor Vehicles are used to transport passengers or
property where the motor vehicle either has a gross vehicle weight
rating of 10,000 pounds or more; or is designed to transport 16 or
more passengers, including the driver.
• No storage of commercial motor vehicles - Sprinklers not required.
OCCUPANCY SEPARATIONS
• Single occupancy - Separations not required. (Section 508)
FIRE -RESISTANCE RATINGS
• The building elements shall have a fire -resistance rating not less than that specified in Table
601. (Section 602.1)
• Type VB = 0-hour fire -resistance rating. (Table 601)
• Building elements fire -resistance ratings not required.
• The exterior walls shall have a fire -resistance rating not less than that specified in Table 602.
(Section 602.1)
• Fire separation distance >_ 30 feet = 0-hour fire -resistance rating. (Table 602)
• Exterior wall fire -resistance rating not required.
2 OF 5, PRINTED 7/5/2023
PageW49of)872
HEIGHT & AREA LIMITATIONS
• Group S-1, Type VB, non-sprinklered.
• Allowable building height above grade plane = 40 feet. (Table 504.3)
• Actual = 24 feet. OK.
• Allowable number of stories above grade plane = 1-story. (Table 504.4)
• Actual = 1-story. OK.
• Allowable building area = 9,000 square feet. (Table 506.2)
• Actual = 6,736 square feet. OK.
• Note: Area factor increase due to frontage per Section 506.2.1 not calculated.
OCCUPANCY LOAD (Table 1004.5)
• Maximum floor area allowance per occupant. (Table 1001.5)
• Warehouse space = 500 square feet (gross) per occupant.
• Total Building = 6,736 square feet/500 =14 occupants.
• Smaller space =1,536 square feet/500 = 3 occupants.
• Larger space = 5,200 square feet/500 = 11 occupants.
DOORS - MEANS OF EGRESS
• Two exits or exit access doorways from any space shall be provided where the
design occupant load or the common path of egress travel distance exceeds the values listed
in Table 1006.2.1. (Section 1006.2.1)
• Spaces with one exit or exit access doorway. (Table 1006.2.1)
• Group S-1, non-sprinklered.
• Maximum occupant load of space = 29 occupants.
• Maximum common path of travel distance = 100 feet.
• Smaller space = 3 occupants actual.
• 80 feet common path of travel distance actual.
• One exit access doorway required. OK.
• Larger space = 11 occupants (14 occupants cumulative).
• 130 feet common path of travel distance.
• Two exits required. OK.
• Where two exits or exit access doorways are required from any portion of the exit access, they
shall be placed a distance apart equal to not less than one-half of the length of the maximum
overall diagonal dimension of the building or area to be served measured in a straight line
between them. (Section 1007.1.1)
• Required = 57'-7",
• Actual=104'-0". OK.
• Means of egress door— minimum clear opening width 32 inches; maximum width of a
swinging leaf 48 inches; and minimum clear opening height 80 inches. (Section 1010.1.1)
• Field verify exit access door out of smaller space is 36" x 80".
• Field verify both exit doors out of larger space are 36" x 80".
3 OF 5, PRINTED 7/5/2023
PageWEIV) i72
• Pivot or side -hinged swinging doors shall swing in the direction of egress travel where serving
a room or area containing an occupant load of 50 or more persons. (Section 1010.1.2.1)
• Actual occupancy = 14. OK.
• There shall be a floor or landing on each side of a door. Such floor or landing shall be at the
same elevation on each side of the door. Landings shall be level except for exterior landings,
which are permitted to have a slope not to exceed 0.25 unit vertical in 12 units horizontal [2-
percent slope]. (Section 1010.1.5)
• Landings shall have a width not less than the width of the door. Doors in the fully open
position shall not reduce a required dimension by more than 7 inches. Landings shall
have a length measured in the direction of travel of not less than 44 inches. (Section
1010.1.6)
• Exterior landings required at both exit doors out of larger space.
EGRESS ILLUMINATION
• The means of egress serving a room or space shall be illuminated at all times that the room or
space is occupied. (Section 1008.2)
• The means of egress illumination level shall be not less than 1 footcandle at the
walking surface. (Section 1008.2.1)
• Illumination shall be provided along the path of travel for the exit discharge from
each exit to the public way. (Section 1008.2.3)
• Interior illumination required at both smaller & larger spaces.
• Exterior illumination required at both exit doors out of larger space.
• In the event of power supply failure in rooms and spaces that require two or more means of
egress, an emergency electrical system shall automatically illuminate all aisles. (Section
1008.3.1, Item #1)
• The emergency power system shall provide power for a duration of not less than 90
minutes and shall consist of storage batteries, unit equipment or an on -site generator.
(Section 1008.3.4)
• Emergency lighting facilities shall be arranged to provide initial illumination that is not
less than an average of 1 footcandle and a minimum at any point of 0.1 footcandle
measured along the path of egress at floor level. Illumination levels shall be permitted
to decline to 0.6 footcandle average and a minimum at any point of 0.06 footcandle at
the end of the emergency lighting time duration. (Section 1008.3.5)
• Emergency illumination required at exit aisles through larger space only.
• Emergency illumination recommended at exit aisles through smaller space.
• In the event of power supply failure in buildings that require two or more means of
egress, an emergency electrical system shall automatically illuminate all of the
exterior landings at exit doorways. (Section 1008.3.2, Item #5)
• Emergency illumination required at both exit doors out of larger space.
• In the event of power supply failure, an emergency electrical system shall
automatically illuminate the electrical equipment room. (Section 1008.3.3, Item #1)
• Emergency illumination required in electrical equipment room.
4 OF 5, PRINTED 7/5/2023
PaI@eW3'bf)872
EXIT SIGNS
• Exits and exit access doors shall be marked by an approved exit sign readily visible from any
direction of egress travel. (Section 1013.1)
• Exit signs are not required in rooms or areas that require only one exit or exit access. (Section
1013.1, Exception #1)
• Exit signs shall be internally or externally illuminated. (Section 1013.1)
• Illuminated exit signs required at both exit doors out of larger space only.
• Illuminated exit sign recommended at exit access door out of smaller space.
EXIT ACCESS
• Means of egress are not prohibited through adjoining or intervening rooms or spaces in a
Group S occupancy where the adjoining or intervening rooms or spaces are the same or a
lesser hazard occupancy group. (Section 1016.2, Item #2 Exception)
• Smaller space egress passes through larger space. OK.
TRAVEL DISTANCE
• Group S-1, non-sprinklered.
• Exit access travel distance = 200 feet. (Table 1017.2)
• Actual =180 feet. OK.
PLUMBING FIXTURES
• Minimum number of required plumbing fixture. (Table 2902.1)
• Group S-1, 14 occupants.
• Water Closet, 1 per 100 occupants.
• Separate facilities [for each sex] shall not be required in structures or
tenant spaces with a total occupant load, including both employees
and customers, of 25 or less. (Section 2902.2, Exception #2)
• One water closet required.
• Bathtubs/Showers.
• Bathtub/shower not required.
• Lavatories, 1 per 100 occupants.
• One lavatory required.
• Drinking Fountains, 1 per 1,000 occupants.
• A drinking fountain shall not be required in buildings or tenant spaces
having an occupant load of less than 50. (Table 2902.1, Footnote H)
• Drinking fountain not required.
• Service Sink.
• One service sink required.
5 OF 5, PRINTED 7/5/2023
PageW52A)872
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Page 246 of 372
STAFF SITE PLAN - 6/17/2024
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Sec. 30-801. Residential occupations.
(a) Purpose. The purpose of this section is to provide a means, through the establishment of specific standards
and procedures, by which residential occupations can be conducted in residential neighborhoods, without
jeopardizing the residential character or health, safety, and general welfare of the surrounding neighborhood
as well as the users of the property. In addition, this section is intended to provide a mechanism enabling a
distinction between permitted residential occupations and interim residential occupations, so that permitted
residential occupations may be allowed through an administrative process rather than a quasi-judicial
hearing process.
(b) Prohibited activities. No residential occupation (permitted or interim) shall:
(1) Be conducted by an individual who does not reside on the property and uses the residence as a
primary address for legal purposes.
(2) Operate between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday and all day on
Sunday.
a. Exception. Permitted residential occupations as outlined in section 30-801(c).
(3) Reduce the dimensions of accessory structure space, used for garage purposes, to less than 440 square
feet where dimensions of 20' x 22' must be maintained.
(4) Constitute a fire hazard to neighboring residences, adversely affect neighboring property values, or
constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise,
glare, odor, electrical interference, vibration, dust and other nuisance or safety hazards.
(5) Involve any of the following:
a. Ammunition manufacturing.
b. Body shops.
C. Escort businesses.
d. Flea markets.
e. Gun repair and/or sales.
f. Hazardous materials or activities, as defined by the Minnesota State Building Code.
g. Machine shops.
h. Motor vehicle repairs, with the exception of parcels in the R1-A district on lots ten -acres or
larger.
i. Motor vehicle sales.
j. Repair of internal combustion engines.
k. Sexually oriented land uses.
I. Wholesale or retail business, unless conducted entirely by courier, mail, or email.
M. Welding.
(6) Have signage greater than four square feet.
(7) Adversely affect governmental facilities and services, including roads, sanitary sewers, water, storm
drainage, garbage service, police and fire service, sensitive environmental features, including lakes,
(Supp. No. 60)
Created: 2024-04-23 09:57:39 [EST]
Page 1 of 3
Page 248 of 372
surface water and underground water supply and quality, wetlands, slopes, floodplains, and soils, or
other.
(c) Permitted residential occupations. Permitted residential occupations (occupation) shall be allowed subject to
the conditions of this section, other applicable city ordinances, and state laws and statutes. Permitted
residential occupations must satisfy the following criteria:
(1) The occupation shall be carried out entirely within the dwelling unit.
(2) No noise, lights, odors, dust, gas, heat, vibration, glare, or other physical manifestations resulting from
the occupation shall be evident beyond the boundaries of the property on which the occupation is
being conducted.
(3) Use equipment which is not normally found in a home (such as, but not limited to, stationary power
tools and salon seats), except that equipment which is typically in an office may be used.
(4) The occupation shall not require internal or external construction features not customarily found in
single-family residential dwellings.
(5) A maximum of one full-time employee, or equivalent, other than those persons who customarily reside
on the premises shall be employed.
(6) Occupations involving teaching shall not exceed two pupils at a time.
(7) Occupations shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight.
(8) Occupations shall not create a parking demand more than that which can be accommodated in an
existing driveway or approved surface area, where no vehicle is parked closer than 15 feet to the curb
line or edge of the paved surface nor is parked within any right-of-way.
(9) On -site sales shall be limited to those clearly incidental to the services provided.
(10) There shall be no exterior evidence of the occupation such as displays or exterior storage of business
equipment, materials, merchandise, inventory, and/or heavy equipment.
(d) Interim residential occupations. Residential occupations that do not involve prohibited activities but do not
satisfy the permitted residential occupation criteria may be allowed with approval of an interim use permit
by the city council pursuant to the provisions of subdivision III of division 2 of this article.
(1) The council may impose such specific conditions with regard to the proposed use as it considers
necessary to promote compatibility with and minimize any potentially adverse effects upon adjacent
properties, the neighborhood, or the city.
(2) Outdoor storage must satisfy the following criteria:
a. Shall be in the R1-A district on lots five acres or larger.
b. Shall follow section 30-807.
C. Shall be setback 50-feet or more from all existing residential structures on adjacent parcels.
(e) Inspections. The city may at any reasonable time inspect the residential occupation to determine if the
applicant is strictly adhering to the criteria for a permitted residential occupation or the conditions placed on
an interim residential occupation.
(f) Revocation or expiration of an interim use permit for residential occupations.
(1) An approved interim use permit shall terminate when the property is sold or when a lease has expired.
(2) Expirations of interim residential occupations shall be as set forth in section 30-656.
(3) Revocation of interim use permits for residential occupations shall be as set forth in section 30-659.
(Supp. No. 60)
Created: 2024-04-23 09:57:39 [EST]
Page 2 of 3
Page 249 of 372
(g) Professional design services. The applicant shall engage the services of a person licensed pursuant to Minn.
Stats., Ch. 326 to verify existing/new structures meet current commercial building codes based on the use.
The exceptions set forth in Minn. Stats., § 326.03, subd. 2, and Minnesota Rules, part 1800.5900 shall apply
to this section.
(h) The property owner is responsible for the operations of the residential occupation and any liability related
thereto.
(Ord. No. 23-24, § 3, 11-20-2023)
Editor's note(s)—Ord. No. 23-24, § 3, adopted November 20, 2023, repealed the former § 30-801, and enacted a
new § 30-801 as set out herein. The former § 30-801 pertained to home occupations and derived from the
Code of 1982, § 900.25; Ord. No. 05-09, § 2, adopted April 4, 2005; Ord. No. 14-16, § 1, adopted November
17, 2014; Ord. No. 19-11, § 1, May 20, 2019.
Cross reference(s)—Licenses and business regulations, ch. 38.
(Supp. No. 60)
Created: 2024-04-23 09:57:39 [EST]
Page 3 of 3
Page 250 of 372
Sec. 46-31. Statement of purpose.
The purpose of this article of the Code is to prohibit certain conduct that is harmful to the health, safety, and
welfare of the community and to prevent and abate nuisance conduct, events, characteristics or conditions and
their deleterious effects on city. The council finds that excessive noise, disruption and other public nuisance
activities are injurious to the public health, safety and welfare and interfere with the quiet enjoyment of life and
property.
(Ord. No. 23-12, § 1, 6-5-2023)
(Supp. No. 60)
Created: 2024-04-23 09:57:48 [EST]
Page 1 of 1
Page 251 of 372
Sec. 46-34. Public nuisances.
(a) The following are declared to be public nuisances:
(1) All ponds or pools of stagnant water.
(2) All decayed or unwholesome food offered for sale to the public.
(3) Privy vaults and garbage cans which are not flytight and trash receptacles of insufficient size so as to
not eliminate the storage of trash outside the covered receptacle.
(4) The effluent from any cesspool, septic tank, or sewage disposal system discharging upon the surface of
the ground.
(5) Accumulations of manure, trash, household items, or other debris.
(6) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial
waste or other substances.
(7) All noxious weeds and other overgrown vegetation upon public or private property.
(8) Dense smoke, noxious fumes, gas and soot, or cinders in such quantities as to render the occupancy of
the property itself, or any other property, uncomfortable to a person or ordinary sensibilities.
(9) Accumulations or storage in the open (i.e., not contained within a building) of any of the following
items or any parts or accessories thereto:
a. All dangerous unguarded machinery, in any public place, or so situated or operated on private
property as to attract the public;
b. Household appliances or furnishings;
C. Any motor vehicle which is inoperable, not currently licensed, or generally is not being driven.
d. Items which are not generally or normally used on the particular premises;
e. Firewood which is not neatly stacked;
f. Any other materials or items of any kind or nature which tend to harbor rats, mice, snakes, or
vermin or otherwise a potential fire, health or safety hazard from such accumulations;
g. Pipe, lumber, forms, machinery, or other occupational materials kept up any property for more
than 30 days except when in current use in construction or repair work; and
h. Accumulations of any items that tend to cause unsightly appearance of the premises and which
cause discomfort for any other members of the public who may be using their own or public
property.
i. The outside storage of pipe, lumber, forms, machinery, or other occupational materials upon
property in a residential district and covering more than one percent of the total lot area of such
property.
j. Dumpsters, bag dumpsters, and other rubbish containment containers (excluding standard trash
and recycling bins used in conjunction with normal household or business operations) used for
the disposal of garbage, trash, rubbish, etc. must be located on a paved or gravel surface and
may not be placed within the public right-of-way.
1. Dumpsters, bag dumpsters, and other rubbish containment containers are limited to 30
days within a calendar year, unless being utilized in conjunction with an active building
(Supp. No. 60)
Created: 2024-04-23 09:57:48 [EST]
Page 1 of 3
Page 252 of 372
permit for a temporary service such as a construction or remodeling project benefitting the
premises.
(10) Violations of the International Property Maintenance Code or state building code which exist on the
exterior of the property and create a potential fire, health or safety hazard.
(11) Violations of the International Property Maintenance Code or state building code which cause unsightly
appearance of the premises, and which cause discomfort for or interfere with any other members of
the public and their use and enjoyment of their own or public property.
(12) The improper storage of containers for the storage of waste.
For single-family dwellings, appropriate waste containers may be stored in the rear of the
premises, may be stored in the side yard if screened from the street and adjoining properties, or
may be stored within any structure located on the premises.
b. For commercial or multi -family residential buildings, appropriate waste containers may be stored
in the rear of the premises or within any structure located on the premises. All trash areas that
are visible from any public right-of-way will be screened on all sides. Trash or trash containers
must not exceed the height of the screening. Required screening will be at least 95 percent
opaque throughout the year, unless otherwise specified. Screening will be designed to be
compatible with the architectural treatment of the principal building.
(13) All signs, awnings, wires and other structures over the streets or sidewalks so situated or constructed
as to endanger public safety.
(14) The allowing of rainwater, ice, or snow to fall from any building or structure upon any street or
sidewalk or to flow across any sidewalk.
(15) Wastewater, excepting that of natural runoff rainwater or snow, which is cast upon or permitted to
flow upon or over streets or other public property.
(16) Any well, hole or excavation left uncovered or in such other condition as to constitute a hazard to a
person being or coming upon the premises where the well, hole or excavation is located.
(17) To own or have control of property or a building thereon which property or building has incomplete
landscaping or exterior appearance and for which no building permit for construction work has been
issued within the preceding 12 months.
(18) All buildings, walls and other structures which have been damaged by fire, decay or otherwise, and
which are so situated as to endanger the safety of the public.
(19) To permit or suffer to be or remain offensive, hurtful, dangerous, unhealthy or uncomfortable to any
person or neighborhood any sewer, private drain, sink, pool, cesspool, outhouse, privy vault, putrid or
unsound flesh, meat, fish, skin, carcass, garbage (except in otherwise authorized containers), stagnant
water, vegetable matter, weeds, rodents, vermin, rubbish, swill, offal, metal cans, ashes, litter, yard
cleanings (except as otherwise authorized), or other unwholesome or offensive substance, liquid or
other thing, in or upon premises or land occupied by or under the control of the party allowing such a
condition.
(20) To permit or allow upon one's private property a tree which is dead, diseased or otherwise not
maintaining foliage on more than 50 percent thereof in the growing season.
(21) For any person to urinate or defecate on public or private property other than in facilities provided for
such functions.
Created: 2024-04-23 09:57:48 [EST]
(Supp. No. 60)
Page 2 of 3
Page 253 of 372
(22) All gambling devices, except those gambling devices known as paddlewheels or tipboards or apparatus
used in conducting raffles, provided that a license to operate such gambling device has been obtained
in accordance with the provisions of chapter 38, article V.
(23) Betting, bookmaking, and all apparatus used in such occupations.
(24) All trees, hedges, billboards, or other obstructions that prevent persons from having a clear view of all
traffic approaching an intersection.
(25) The outside piling, storing, or keeping of old machinery, junk, junk vehicles or inoperable vehicles,
unlicensed vehicles, car parts, debris, trash, or abandoned motor vehicles as defined by Minn. Stat. ch.
168B, regardless of whether such items are located on the ground or on a trailer.
(26) The outside storage of boats or other items that do not comply with the following requirements:
When stored outside, boats (except pontoon boats) shall be stored on a trailer designed for
transporting the model, type, and size of boat on the trailer.
b. Covering items with a tarp or other covering not specifically designed for the items beneath the
covering does not abate the nuisance.
(27) The placing or throwing on any street, alley, road, highway, sidewalk or other public property of any
glass, tacks, nails, bottles or other substances which may injure any person or animal or damage any
pneumatic tire when passing over such substance.
(28) The parking of a truck tractor and/or trailer, or other commercial type vehicle, excluding pickup trucks
or vans, in excess of 7,000 pounds gross weight, on:
Public property within an area zoned residential; and
b. Residential lots in all zoning districts below two and one-half acres in size, unless a residential
occupation has been granted, provided the vehicle is parked on an approved surface, and all
other provisions of the city code are complied with.
(29) The idling of a truck tractor in excess of 15 minutes from April 16 through October 31, and 30 minutes
from November 1 through April 15.
(b) In the enforcement and interpretation of this section, the city shall take into account the fact that there is
significant diversity of uses in the city, particularly the fact that substantial portions of the city are
agricultural lands. Some of the listed nuisances may not be deemed to be nuisances when they are
reasonably conducted and related to productive agricultural use of land.
(Ord. No. 23-12, § 1, 6-5-2023; Ord. No. 23-24, § 12, 11-20-2023)
Cross ref erence(s)—Offenses involving public safety, § 50-91 et seq.
(Supp. No. 60)
Created: 2024-04-23 09:57:48 [EST]
Page 3 of 3
Page 254 of 372
U�1, 1 , 1 mom
David A. Roedel
COUNTY
Assistant Public Works Director
Sherburne County Government Center
13880 Business Center Drive
Suite 100
Elk River, MN 55330-4668
(763) 765-3000
1-800-433-5228
June 5, 2024
To: Elk River Planning Department
RE: IU 24-01 Jason Bye — 10208 209th Avenue NW
Interim Use Permit for residential occupational with outdoor storage.
No concerns with the proposed Interim Use Permit. After reviewing the site plan and narrative
provided, I do not see the proposed activity will compromise the safety of the County Road.
I am not anticipating the number of vehicles entering or exiting the site daily to exceed 100 trips.
That would be the threshold for requiring a right turn lane into the property.
It has been brought to my attention that delivery vehicles are currently stopping on County Road
33 and are backing up on the roadway to enter the site. This is a safety concern and is not
allowed. If the reason is backing for deliveries, a turnaround area should be provided on the
interior of the site. If delivery drivers are not recognizing the business location, I would request
specific signage be added that identifies the business and deliveries (with arrow). The sign
would need to be located 50' from centerline of the road, outside future right of way. Signing
would be per the City of Elk River requirements.
I would ask the Interim use permit to have language that identifies backing of vehicles on the county
road is not allowed and this be a condition set forth in the permit. If the applicant does not abide by the
conditions this would be grounds for revocation of the Interim Use Permit.
Please contact me if you have any questions.
QQwv-� � • �8�!
David A. Roedel, PE
Assistant Public Works Director / Deputy County Engineer
Page 255 of 372
CITY OF ELK RIVER
SHERBURNE COUNTY
INTERIM USE PERMIT
Case No. IU 24-01
Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants an
Interim Use Permit ("Permit") requested by Jason and Nicole Bye for the following use:
Residential Home Occupation Interim Use Permit for an
Accessory Structure with Outdoor Storage at
10208 209`h Ave. NW, Elk River, Minnesota
Property. The Permit is for the following described property ("Subject Property") in the City of Elk
River, Sherburne County, Minnesota:
That part of the Northwest Quarter of the Southwest Quarter lying East of the West 869.03
feet thereof and lying West of the East 16.50 feet thereof, Section 13, Township 33, Range 26.
Sherburne County, Minnesota.
Owner. Owner of the Subject Property at time of the approval of the Permit:
Jason T. Bye and Nicole M. Bye, owners
Conditions. The Interim Use Permit is issued subject to the following conditions to satisfy the
standards set forth in 30-658 (c):
1. The applicant and/or property owner must apply for all required commercial
building, electrical, plumbing, and/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.
3. The fenced outdoor storage area shall be:
a. Limited to 20,000 square feet.
Page 256 of 372
b. 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:
a. All equipment, vehicles, and products related to the business.
b. Garbage and recycling dumpsters.
C. All business/employee parking.
d. Portable outhouses.
e. Deliveries.
6. Dumpsters with lightweight materials shall be covered when not in use.
7. Except for company vehicles, 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 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. Shall not be serviced by delivery vehicles larger than 26,000 pounds gross
vehicle weight.
14. Access to the subject parcel, for business activities, shall occur only at the
single driveway located on 209th Avenue/County Road 33.
15. Business delivery vehicles shall not back into the site from 209th
Avenue/County Road 33.
16. Signage identifying the business/deliveries shall be installed per county and
city requirements.
17. 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.
18. The idling of a truck tractor or other business equipment in excess of 15
minutes from April 16 through October 31, and 30 minutes from November 1
through April 15, is prohibited.
Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for
the herein are complied with. The Citymay 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
Page 257 of 372
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 tide to Subject Property.
Dated: June 17, 2024
STATE OF MINNESOTA
) ss.
COUNTY OF SHERBURNE
CITY OF ELK RIVER
By:
Mayor
By:
City Clerk
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
Page 258 of 372
Jason Bye
Interim Use Permit
Page 259 of 372
Background
■ Zoned R1 a, -13 acres
■ Requesting UP to utilize both:
■ Accessory Structure (-6,750 sqft)
■ Outdoor Storage (20,000 sqft)
■ For indoor/outdoor storage, receiving deliveries,
equipment storage, and employee parking
Page 261 of 372
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Page 263 of 372
Background
■ The applicant is the co-owner of Rothmeyer TEC, a
wireless construction company
■ Specializes in cellular equipment construction
■ Telecommunication towers
■ Electrical work and connections
■ Civil construction services preparing the sites
■ Not requesting approval for production or
manufacturing
Page 264 of 372
Background
■ Proposed business employs 10-20 employees
■ A few will be on site during the day
■ The rest will meet on the job site
■ Employee vehicles will be parked in the outdoor storage
area and could be on site for numerous days
■ Deliveries - most often by a flatbed truck or Amazon
type trucks
Page 265 of
Background
■ Nearest house to the proposed outdoor storage area is
approximately 80-feet (50-feet required)
■ Applicant installed about 220-feet of fencing near the
west property line to screen the screened outdoor
storage area from the adjacent property
Page 266 of 372
Page 267 of 372
7141
.-�-49
Page 268 of 372
Planning Commission
■ Asked if structure was being used and can an IUP be
revoked?
Public hearing neighbors:
■ Concerns with past practices/use
■ Read three ordinance sections
■ Concerns with the city process
■ Vehicles stopping on County Road is dangerous
■ Asking for the same thing as the 2023 CUP
■ Delivery vehicle weight
■ Is it fair a business can run 12 hours a day 6 days a
residential district?
Page 269 of 372
Planning Commission
Public hearing applicant:
■ Further explained his request and addressed
speculations
■ Operation is consistent with other businesses with
outdoor storage/accessory structures near his property
■ Now lets his employees drive company vehicles home,
fewer business and employee vehicles on site
■ Owns a semi -truck which he is allowed to have on the
property
■ Has no concerns with the recommended conditions
I.
Page 270 of 372
Planning Commission
■ Commission had concerns about the proximity to the
house to the east
■ Understood the updated residential occupation
ordinance codified a 50-foot setback
Iwo --
Page 271 of 372
Planning Commission
■ PC analysis of the application shows compliance with all
nine (9) of the standards required for approval of the
UP
■ While they had concerns about the proximity of the
house, they unanimously recommended approval
■ Stating conditions are in place to mitigate impacts on
neighboring properties
Page 272 of
Sherburne County
■ Reviewed the application
■ Does not have concerns with the proposed UP P activity
■ The use will not compromise the safety of the county
road
■ Agree vehicles stopping on the road is a safety concern
■ Suggested two additional conditions
■ Delivery vehicles shall not back into site
■ Signage identifying the business/deliveries
Page 273 of
Action Requested
■ Recommend, by motion, approval of an I U P with the 18
conditions to satisfy the standards set forth in Section 30-
658 (c)
Page 274 of 372
Page 276 of 372
7141
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Page 277 of 372
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Page 279 of 372
Applicable Regulations #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.
■ Section 30-801 states an approved IUP 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 outdoor storage ordinance regulations and the
recommended conditions strive to prevent this
outcome
Page 280 of 372
Applicable Regulations #2
There is adequate assurance that the property will be left
in suitable condition after the use is terminated.
■ The detached accessory structure and fenced -in area,
the areas being reviewed, are currently located on the
parcel
■ Common items on a residential parcel
■ If the UP is terminated, the site will be left in a suitable
condition
Page 281 of 372
Applicable Regulations #3
The use is similar to uses allowed in the zoning district in
which the property is located.
■ Outdoor storage is allowed with an UP
P
■ On properties 5-acres or larger
■ Subject property is well above the required minimum
(13.34 acres)
■ The city has approved residential occupations with
outdoor storage areas
Page 282 of 372
Applicable Regulations #4
The date or event that will terminate the use can be
identified with certainty.
■ Yes, the ordinance states an approved UP shall
terminate when the property is sold or when a lease
has expired
Page 283 of
Applicable Regulations #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.
■ There are no extraordinary features to the request
■ If the public were to take over the property
■ No additional costs would be imposed on the public
Page 284 of 372
Applicable Regulations #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
Page 285 of
Applicable Regulations #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 UP shall
terminate when the property is sold or when a lease
has expired
A cash deposit does not appear to be necessary to
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Page 286 of 372
Applicable Regulations #8
Authorization of the interim use will not result in adverse
effects on the public health, safety, or welfare.
■ The residential occupation ordinance has
predetermined criteria:
■ Acceptable lot sizes
■ Distances from existing neighboring structures
■ Outdoor storage ordinance/regulations
■ These, along with the proposed conditions should help
to ensure no adverse affect to the public health, safety,
or welfare
Page 287 of 372
Applicable Regulations #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 Comp Plan
■ Guides property as Rural Residential
■ Single family uses, with residential occupations, are
allowed in the zoning district
Page 288 of 372