11.1 SR 08-05-2024city of
El �.
I-U:ve
To
City Council
Meeting Date
August 5, 2024
Item Description
Interim Use Permit: Residential Occupation, Jason
Bye
Request for Action
Item Number
11.1
Prepared By
Chris Leeseberg, Senior Planner
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Further discussion on the IUP (24-01) about previous approvals, specifically IUP (IU 23-01).
Provide staff direction on how the Council wishes to proceed with their decision regarding the Interim Use
Permit.
Two Council members will be absent from the August 19, 2024, meeting. The Council should direct which
meeting they would prefer to act on this item. The Council has a Special Meeting scheduled for August 12,
2024, and a Regular Meeting on August 19, 2024. The two absent Council members may have an option to
attend the August 19 meeting remotely via Microsoft Teams. Given the significant discussion on this item, staff
would like to ensure a full Council for the final vote. The applicant may also provide a written extension to
the review period, allowing the discussion to occur on September 3, 2024.
Background/Discussion
At the July 15, 2024, City Council meeting, staff provided Resolution 24-38 on the Consent agenda, making
Findings of Fact denying the Interim Use Permit (IU 24-01). This application, submitted by Jason Bye, pertained
to a residential occupation involving on -site outdoor storage and the use of an accessory building at 10208
209th Ave NW.
The Council removed the item from the Consent Agenda for further discussion and directed staff to bring it
back for the August 5, 2024, Work Session. During the Work Session, the Council can discuss the application
along with the previously reviewed and approved IUP (IU 23-01) from earlier in the year.
The public hearing for this application has been closed, and the Planning Commission does not need to further
review. The mayor will decide whether to hear from the applicant or the applicant's legal counsel or allow
public comments.
Financial Impact
None
The Elk River Vision
A welcoming 6ommuni�, with revolutionary and spirited mourcyidnm, exceptional service, and community P� d W E R E D 0d
engagement that encourager and inures pro perityINPaU 159
Mission/Policy/Goal
Opportunity to live, work, and play.
Attachments
I . Letter from Scott Rothmeyer
2. Neighborhood Signatures of Support with Map
Page 134 of 159
Dear Mayor Dietz and City Council, thank you for taking the time to read this e-mail, I would
like to bring attention to a few points regarding Mr. Bye's IUP
1. It appears that Mr. Bye is being portrayed as somebody who "does whatever they
want and asks for forgiveness later." As his business partner I have worked with him
and city planning, particularly Chris Leesburg on the construction of his pole
building with the intent to use it for personal and business use. Mr. Leesburg had
informed us early in the process that Mr. Bye would need to go through the
conditional use permit process. The only reason it was not pursued sooner was for
budgeting issues requiring septic, water and a bathroom to be added to the building.
When Mr. Bye was requested by the city to pursue the CUP he immediately did so.
What was thought would be a simple process turned into a yearlong endeavor with
him receiving a cease -and -desist order. This came with great hardship to Mr. Bye
and his business activities. He put tremendous effort into meeting the demands to
be compliant with the directive of the city. I believe he has demonstrated his
willingness to work with the city.
2. There is tremendous support in the neighborhood for Mr. Bye's IUP to be approved.
I've spoken to 13 different property owners in the neighborhood. 11 of 13 signed
statements of support. Please see attachment. Nearly all those 11 made
comments that they were unhappy about how Mr. Bye has been treated. Many were
particularly frustrated with one neighbor that campaigned against Mr. Bye. This
person spread false information about semi -trucks on residential streets and
poisoning well water. No one I spoke to have a single complaint of any disturbance,
or about the actions of Mr. Bye.
3. The intended use of the property is typical of properties in the area of this size. He is
using less than 1 acre of his 13 acres and all his activity will occur within a fenced in
area or the pole building. He will also not be adding any traffic to residential streets.
Close to 80% of regular business hours will have no activity at the property.
4. Denying this IUP will create a hardship not only for Mr. Bye but for the employees of
this company and people of this community. Denial likely will Require Mr. Bye and
the business to find a location outside of the Elk River community.
Page 135 of 159
I'm a neighbor of Jason and Nikki Bye at 10208 2091h Ave, NW I live in a close vicinity and
can observe their property from my home and in my travels to and from my house. I'm
aware that they have operated a business at this property and are seeking an interim use
permit to continue. I support the planning commission's proposal to approve the permit
based on the 18 conditions.
_ ........ .:. r
Page 137 of 159
I'm a ne iP,,'hbo,r ol.R."Won tln(J Nikki SYP; 4l't "IQ 208, 2,M;W,"',Aves INWII
an o4serve their propert y from my horne a rusin m,,v gave to and fr fn rriy flinose. I " rl,�
aware tha t the haveope rr.A( Oda 1xisi ness at,thil"i pir(,),perty ;,o Ware serakingari i nto-ri rll� us,e
perr-nit 1.0 coontinkte., I sluj)port t'll"le plllar� ning comini to appirave 1,,he plerniit
based on I he,1,8 and I tions
M
,94
Ar3ress—,Lz ...................................
ILI 17
F'hioiinva, Nuillber—
Page 138 of 159
M'rn a rie(gtmoir of Jasorm ndNikki Bye at 10200 200"ANe, 14MI 1 Wo ifl, a close vicinity and,
properVVprom rny Woe and k"symUs to and hom my housm VnI
awave that they liaveoperated a bus Wens at dis rmapany and we seeWng an tntedni use
p rmit t"a c;()ntinue. I suppan the ptan niq cone rnisslowi's proipal to approve the', permil.
hosed on the IS cond Mns-
AA,
Y
�"I 7,1
P hoo N o, u,pr,, Ian- r
--- -
.. ... ......
Page 139 of 159
I'M a, Wghborolisson iml NIM 11yea l 10208 207" Ave, NW IW live kva ctosc viciniiyamj
can o,bqerve tl-wir pmpemy frohmurny Wryne artrl in rviy tmmMs to and hom mq houaw Prr�
lllatth'ey vave ()peri,tted a bvskess at Do -s, p woperty afW are, ae king ain imeiri,,n'i use
I sw ppKxt the IM nit ng w rm MaknYs, propa�j I l�o, apprc)vrg,tf',i,a,- peer t
Wod on tho 18 conddl ons
1 3 7 Trh
...............
Page 140 of 159
gl'iborof Jason and 16M Bye at 102018MY""Ave, NWIlive iii a
ca n obsome their Imapely W1, 0`0ar ho ine and 1 n rmThuvWs N)andfrown ri--vy hou �"fr
awe re thal they have upemAed a 'vshess at M a proppe ny a nd a no see W ng a n 1 Mm u se,
baaed on the IS comMom,
A) e [S Cryplil�
Prione
Page 141 of 159
q"Ol 0 ancl Nikki Bye l; 102,08 20,9111 Ave, NW d Lrve in a dose vream nftryaind
c;.'m observe thel r prope,; tad frorr"d rriy horre and in rny tmmwW to and honi aq house I bi
�."5ware that they tl�ave' 0g)"(0al(U3 0Dusliness attill s, and are Seekintg 0 (1 ilntr�'Irillrn �"Ise'
peardtoconUnue, 1 suppoxt the propasol. to, approvr�, th,(,,,) porn',Ot
based am the 18 condhons,,
- - ------- - -
1-4
lsl"(�.'.Ill ....... . .. . .................. .
Page 142 of 159
141 a nQOlor of Mson and Ad kki Bye At 10208 209"'Avc,,i, NW'l tive in a close,mom ciriley and
cark Otrsc I vo their propertyfrofn rnyhome frorn myl-immm. I 'rn
,aware that they haveoperated a buadleSS nnd,�,iresaekir'ig an inter.r'nu;&e
pe"nh to conQue. I supporl �',.)Oar mirg corrv7,)i3Si'O'W,'-R I'MOPOS1111,C) aplxravethe pvern Ift
based on the IS cond Mom.
"I'll
z"',vo,14
Ad
....................."I .... .
.. . . . .. . . . .............. . ........ . ... .....
Page 143 of 159
Vn"t a mighbor oth)so,nand Nikkibyeat 10121,18 ',
Ave, iN'W rf, fivr,',j jq cl cj,r)se vidnity ar-,id
can obsee vetbeif prcpperty froim, rriyhorrit. Fjn,rj 41 my travets to and N'om rivy fiousw,, I'm
aware that ttwey have), operat"'td a busrrle�.s till Oils pr, eirty airid ate, sm.'kirkp an int,eiri'M US(I
per,rnitto contiflUe, p su p,port the rig i,xtriimiT gl, ap pgimve the per, mit
, 0 us ion"s, p�rr
bined on the 18 ci-)nditions
4 , p , 1,
. ......... . .... .. -1-1111111111111),111---.— . .......
Page 144 of 159
N'n,,9;neighboiroi f Jason a nd N Y kki Bye aiit, 1 10208 20911, ,Ave, NW I NJve in a ctose vici nity and
obserw',s tlw ii, prcperty from my home anid in my trei'vels to aim d lrcori r'i'iy h,Dus,e, I 'n,l
thialthey home c)pp rated a busliriess at INs pli"C")pervV a rid a r'e, we iig an interim Lj�m
perrird't to contirwe. I support, lhict approvethe pe wnill
EM
Ph,on e-Nt., wrl"l, be F
"Ar-I
W-
Page 145 of 159
I'm ") no igl'lbar of ).ason anild Nikki Bye at I D208 2,09,11", Ave, NW � Cive, in a clos.x� heirl ity arld
c, my; in ohsle rve thei r prope My homi my rioaie a nd crs imly t(aVOIS, "k.), a Id, f W,r'n rlly h'Ou"Sell, I 'Im
,aware that they lvwe, loperated a bu s Mesa at Cis, property a rw me seeWng an hmedmi u ae'
penna to coNnue, I suppon the pWinning camnission's proposa, 1, to appmve the pouni't
based an the 18 condUm.
MAI
'iL ........................... ... . ........................... . . . .. . ............
................................ . ............ . . . . ............ . —.- . .................................
Page 146 of 159
M a neighborcf,fasorm Nikki Bye at 10208 2!D91,",Am NW I fivv2� cri, a cAoSeviciirtity a nd
CAF1 myliome and in niytmv1s to and" ami my housm 141,
awa re that they, liavo cs,rated a busMess at Ms prope My andare sew ki ng,t'm �Me rim wse
permiiitto cand nue. I support the pdanning CIDITYrn is�. ion', pire..rPO-Sakto ap prow n it I'm pevert" it
based on the 10 condbana.
SOL. 'Aloe
776F 3", e�-qy 11- 'r P!
Page 147 of 159