7.3 SR 08-19-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
7.3
Meeting Date
August 19, 2024
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Conditional Use Permit: Truck Terminal with
Outdoor Storage, 16234 Jarvis St. NW - The
Original Collins Brothers Auto, Truck & Towing
Reviewed by
Zack Carlton
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. All outdoor storage shall follow Section 30-807 regarding screening.
2. The office hours of operation shall be limited to 7:00 a.m. – 6:30 p.m.
3. The parking and driveway area outside the fenced area shall be bound by B612 curb and gutter.
4. All parking and driving areas must be finished with an approved surface – bituminous, concrete, or
compacted Class 5.
5. All areas not identified for parking or driving areas shall be maintained as turfgrass per city standards.
6. A 100% opaque fence shall be installed on the west property line the entire length of the outdoor
storage area and along the perimeter that is visible from the right-of-way.
7. Written permission from the property owner to the west allowing the fence to be installed on the
shared property line shall be obtained.
8. Except for short-term staging requirements, there shall be no storage of vehicles outside the approved
storage area, including the city street, exterior parking area, and landscaped areas.
9. Exterior doors and windows shall be closed when any service and maintenance occurs to company
vehicles/equipment.
10. Staff approval of all site plans and civil plans.
11. A scaled site plan showing the 19 required parking stalls for all businesses operating on the property
must be submitted before beginning operation or issuing building permits.
12. The holding pond must be adequately sized to accommodate the needs of both parcels.
13. An easement and/or agreement must be prepared and recorded to outline the maintenance
obligations and grant both property owners access to the holding pond. Permits will not be released
until this easement has been signed by both property owners and recorded.
Background/Discussion
The 2.5-acre property is zoned I-3 (General Industrial) where truck terminals and outdoor storage require a
Conditional Use Permit (CUP). The applicant is seeking a CUP to construct an 11,250 square foot (75' by
150') post-frame prefinished metal-sided building to house the current and future operations of the business
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and replace the existing structures. The new building will be utilized for vehicle/equipment storage, service,
maintenance, and office space. Inside and outside storage is also being proposed.
Planning Commission
The Commission inquired whether the applicant had any concerns with the recommended conditions.
According to staff, the applicant did not express any specific concerns. Although the need for cooperation
between the adjacent property owners regarding the shared holding pond was discussed. The Commission
had no concerns and unanimously recommended approval.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community
Attachments
1. Planning Commission Memo dated July 23, 2024
2. CU 24-12 Draft Recording Document
3. Presentation
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CITY OF ELK RIVER
SHERBURNE COUNTY
CONDITIONAL USE PERMIT
Case No. CU 24-12
Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a
Conditional Use Permit (“Permit”) requested by The Original Collins Brothers Auto, Truck & Towing Center
for the following use:
Conditional Use Permit for Construction of a Truck Terminal and Outdoor Storage at
16234 Jarvis St NW, Elk River
Property. The Permit is for the following described property (“Subject Property”) in the City of Elk River,
Sherburne County, Minnesota:
The South 326 feet of the North 590 feed of the East 335 feet, as measured along the East and North
lines respectively, of the Southeast Quarter of the Northeast Quarter of Section 13, Township 32,
Range 26, according to the United States Government Survey thereof and situated in Sherburne
County, Minnesota
Owner. Owner of the Subject Property at time of the approval of the Permit:
River City Rentals LLC, owner
Conditions.
1. All outdoor storage shall follow Section 30-807 regarding screening.
2. The office hours of operation shall be limited to 7:00 a.m. – 6:30 p.m.
3. The parking and driveway area outside of the fenced area shall be bound by B612
curb and gutter.
4. All parking and driving areas must be finished with an approved surface –
bituminous, concrete, or compacted class 5.
5. All areas not identified for parking or driving areas shall be maintained as turf grass
in accordance with city standards.
6. A 100% opaque fence shall be installed on the west property line the entire length of
the outdoor storage area and along the perimeter that is visible from the right-of-way.
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7. Written permission from the property owner to the west allowing the fence to be
installed on the shared property line shall be obtained.
8. Outside of short-term staging requirements, there shall be no storage of vehicles
outside of the approved storage area, to include the city street, exterior parking area,
and landscaped areas.
9. Exterior doors and windows shall be closed when any service and maintenance occur
to company vehicles/equipment.
10. Staff approval of all site and civil plans.
11. A scaled site plan showing the 19 required parking stalls for all businesses operating
on the property must be submitted prior to beginning operation or issuing building
permits.
12. The holding pond must be adequately sized to accommodate the needs of both
parcels.
13. An easement and or agreement must be prepared and recorded to outline the
maintenance obligations and grant both property owners’ access to the holding
pond. Permits will not be released until this easement has been signed by both
property owners and recorded.
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: __________, 2024.
CITY OF ELK RIVER
By: ___________________________________
Mayor John J. Dietz
By: ___________________________________
City Clerk Tina Allard
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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
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The Original Collins BrothersConditional Use Permit
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Background
§I-3 (General Industrial)
§CUP - Truck terminal
§Outside storage
§Raze existing structures
§Construct new 11,250 sq.ft. building
§Post frame prefinished metal
§7:00 a.m. - 6:30 p.m. Monday through Friday
§12 full-time and 4 part-time employees
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Existing House
§Will remain in use
§Permitted under the 1-3 zoning district
§However, it exceeds the size allowed
§Continue as a legal non-conforming structure
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Planning Commission
§Inquired if the applicant had any concerns with the
recommended conditions
§The applicant did not express any specific concerns
§The shared holding pond was discussed – cooperation
needed
§Had no concerns and unanimously recommended
approval
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Action Requested
§Approve, by motion, the CUP with the 13 conditions
outlined in the memo
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