7.1 SR 09-03-2024The 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
7.1
Meeting Date
September 3, 2024
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Interim Use Permit: Residential Occupation, Jason
Bye - 10208 209th Ave. NW
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Resolution 24-__ making Findings of Fact denying the Interim Use Permit application
submitted by Jason Bye.
or
Adopt, by motion, Resolution 24-___ making Findings of Fact approving the Interim Use Permit application
submitted by Jason Bye, which includes the following conditions:
1. The applicant and/or property owner must apply for all required commercial building, electrical,
plumbing, or mechanical permits before any interior commercial activities can occur.
2. A code analysis finding commercial building code compliance shall be prepared by an appropriate
registered professional.
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 or employee parking.
d. Portable outhouses.
e. Deliveries.
6. Dumpsters with lightweight materials shall be covered when not in use.
7. Except for company vehicles, construction equipment, and enclosed trailers, no materials or products
can be stored higher than the top of the outdoor storage area fence.
8. The hours of operation shall be limited to 7:00 a.m.-7:00 p.m., Monday through Saturday.
9. Exterior lighting on the accessory structure and in the outdoor storage area shall comply with Section
30-937.
10. Dust control measures shall be used regularly in the fenced yard area.
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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. The parcel 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 for 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 is prohibited from
April 16 through October 31, and idling in excess of 30 minutes is prohibited from November 1
through April 15.
Background/Discussion
At the August 5, 2024, City Council Work Session, the Council discussed the current IUP application in
comparison to other home occupation approvals. The information provided to the Council included 11
letters of support from surrounding property owners to consider.
During the work session, the applicant's legal counsel clarified that several facts outlined in the Findings of
Fact, attached to the July 15, 2024, City Council staff report, were either incorrect or misleading. Specifically,
the issues concerned the level of traffic frequency and intensity, the incidence of semi-trucks backing onto the
property from the county road (which allegedly has occurred only once), the noise level of loading/unloading
operations, and the adequacy of the outdoor storage screening.
After discussion, the council decided to revisit the request and scheduled the item for a public hearing on
September 3, 2024. The 16 property owners within 500 feet of the subject property were again notified of
the meeting and public hearing.
The July 15, 2024, staff report, with the Planning Commission's recommended conditions, is attached for the
Council’s consideration.
The applicant authorized a 24-day extension to their IUP request, giving the City Council until September 20,
2024, to make their decision.
Public Comment
After receiving the public hearing notice, Deann Wells contacted staff to inquire about what changes had
prompted a re-review of the request, especially since the Council had already directed staff to draft Findings
of Fact denying the IUP. Staff explained that the applicant's legal counsel had clarified concerns about the
Findings of Fact, and the Council had received 11 letters of support from surrounding property owners, which
are now being considered.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community
Meet changing needs - agile
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Opportunity to live, work, and play
Reflect the culture of citizens and what is important
Attachments
1. Resolution of Denial
2. Resolution of Approval
3. Staff Site Plan 6-17-2024
4. Letters of Support
5. Extension Letter
6. July 15, 2024, City Council Staff Report
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City of Elk River
City Council
Resolution 24-____
A Resolution of the City Council of the City of Elk River denying the Interim
Use Permit Application IU 24-01
WHEREAS, Jason Bye, (“Applicant”), has applied (“Application”) for an Interim Use
Permit (IUP) (Case No. IU 24-01) to allow for outdoor storage and accessory structure use
for a residential occupation at his residence, 10208 209th Ave NW, Elk River, MN
(“Property”); and
WHEREAS, the record in this matter shall include all of the materials submitted to the
Planning Commission and City Council in connection with the IUP Application; including
the staff reports and all attachments thereto, all other written materials submitted to the
Planning Commission and City Council, and all staff presentations and other testimony
taken at the public meetings considering the Application for the IUP, all of which is
incorporated in and made a part of the findings of fact and this resolution; and
WHEREAS, the Planning Commission held a public hearing on May 28, 2024, to receive
testimony and evidence from city staff, the Applicant and any other persons regarding the
Application; and
WHEREAS, the Planning Commission recommended approval of the Application with
the inclusion of eighteen (18) proposed conditions to ensure compliance with the required
standards; and
WHEREAS, the City Council held a public hearing on June 17, 2024, to receive testimony
and evidence from city staff, the Applicant and any other persons regarding whether the
Application should be approved; and
WHEREAS, the Applicant and all others wishing to speak were given the opportunity to
present testimony to the Planning Commission and City Council; and
WHEREAS, the City Council, at the conclusion of its June 17, 2024, public hearing on the
Applicant’s Application, directed staff to prepare a resolution making findings of fact
denying the Application as the request does not satisfy standards three, eight, and nine
required for issuance of an IUP; and
WHEREAS, the City Council again reviewed the Application during its August 5, 2024
Work Session, and directed city staff to readvertise the Application for consideration during
a public hearing on September 3, 2024.
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NOW, THEREFORE, the City Council of the City of Elk River makes the following:
FINDINGS
1. The Property is zoned R-1a (Single-Family Residential) where residential occupations
with outdoor storage or accessory structure use are allowed according to the
standards outlined in City Code § 30-801.
2. City Code § 30-801(c) outlines the standards for permitted residential occupations,
and § 30-801(d) outlines the Interim Residential Occupation process for uses that
exceed the permitted standards described in 30-801(c).
3. City Code § 30-801(b)(4) provides that no residential occupation (including interim)
may “adversely affect neighboring property values or constitute a nuisance or
otherwise be detrimental to the neighbors because of excessive traffic, noise, . . .
vibration, dust or other nuisance or safety hazards.”
4. City Code § 30-801(b)(5) specifically prohibits body shops, machine shops, and
hazardous materials or activities, as defined by the Minnesota Building Code.
5. City Code §30-801(c) states that permitted residential occupations must be carried
out entirely within the dwelling unit and shall not include outdoor storage.
6. The Application includes outdoor storage and use of an accessory structure. It is
therefore not a permitted residential occupation and requires an IUP in accordance
with City Code § 30-801(d).
7. The Applicant submitted an IUP application, Case No. IU 24-01. The Application
was deemed complete and scheduled for review by the Planning Commission and
City Council.
8. The Application requests an IUP to utilize an existing 20,000 square foot fenced area
and an accessory structure for indoor and outdoor storage. The Application does not
request production or manufacturing on the Property, however, the Applicant is
requesting storage for a business that occurs off site, which results in the Applicant
receiving multiple deliveries per week, equipment storage, and employee parking for
a business specializing in cellular equipment construction.
9. IUP’s must comply with the standards as outlined in § 30-658.
10. City Code § 30-658(c) provides for analysis and findings required to be the grant of
an IUP. The Application and proposed use does not meet all required findings in
City Code § 30-658(c)(1)-(9) as provided below:
(1) The period of time for which the interim use permit is to be granted
will not terminate before any adverse impacts are felt upon adjacent
properties.
City Code § 30-801 provides that an IUP terminates when the property is
sold or the lease expires. This time limit is indeterminate and cannot prevent
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future adverse impacts here because the Property already has nearby
neighboring residential uses. The proposed use is not simply for outdoor
storage for use on site by the Applicant, but as a storage yard for an off-site
business, which will and does result in numerous visits by employees daily to
retrieve items stored on the Property. The use also requires numerous
deliveries which requires delivery traffic stopping on, and blocking, the
roadway to make deliveries to the site. The residential character of the area
will be impacted by a more industrial zone type use and will be immediately
adversely impacted by a permit approval.
(2) There is adequate assurance that the property will be left in suitable
condition after the use is terminated.
There is no indication that the proposed structure and fence will cause
adverse impact to the Property if the use is terminated.
(3) The use is not similar to uses allowed in the zoning district in which
the property is located.
The Property is currently within an otherwise quiet residential area. Although
City Code can allow outdoor storage and accessory building use on
properties larger than 5 acres in the R-1a district, the proposed operation
involves potentially 10-20 employees, and an amount of parking, storage,
noise, and traffic beyond what is found in the R-1a rural residential district.
The proposed operation will receive numerous large deliveries and trash
pickups. The scope of the proposed operation is far more industrial and
commercial than other uses found in the zoning district, is greater in impact
than the simple outdoor storage contemplated within the Code, and goes
beyond the residential character found in the R-1a rural residential zone.
Some of the proposed conditions to mitigate safety impacts, including
signage to identify the property and limit traffic impacts, themselves depart
from the residential character of the zoning district. While not exactly the
same, the use is more similar to those expressly prohibited by City Code §
30-801(b)(5) such as body shops, machine shops, and hazardous materials or
activities, as defined by the Minnesota Building Code
(4) The date or event that will terminate the use can be identified with
certainty.
The IUP shall terminate on sale or lease termination, with certainty.
(5) Authorizing the use will impose additional costs on the public if it is
necessary for the public to take the property in the future.
Some of the proposed conditions necessary to address safety concerns,
including the on-site turnaround area for delivery trucks, would potentially
lock in the layout of the Property such that any public acquisition, for
potential expanded roadway, for example, would impact the business as a
whole. This situation, combined with the intensity of the business use and
the volume of commercial traffic, would likely substantially increase the cost
of any acquisition by a governmental entity. This is particularly relevant given
that this property is on the Twin Lakes Road Corridor identified in the City’s
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Comprehensive plan as a target for capacity improvement to support
residential subdivision development; not only would the use increase the cost
of acquisition but such acquisition is more likely to occur within the lifetime
of the IUP.
(6) The property owner or lessee agree to all conditions that the city
council deems appropriate for authorization of the interim use.
The applicant has stated he would agree to all recommended conditions.
(7) The applicant provides assurances deemed adequate by the city
council that the use will terminate as provided in the interim use
permit. The city council may require the applicant to deposit a cash
amount with the city, or provide some other form of security, to ensure
compliance with this criteria.
The use will terminate with the sale of the Property, a time that is clear
enough that no further assurances would be necessary.
(8) Authorization of the interim use will result in adverse effects on the
public health, safety, or welfare.
The use has generated noise disrupting the welfare of neighboring properties
while operating without a permit, and this noise may begin again if approved.
Given the number of vehicles accessing and parking at the property, and the
number of employees involved, there is no way to prevent this adverse
impact to the neighboring area. The operation requires frequent large
deliveries, generating substantial commercial traffic in an area without the
infrastructure to accommodate the traffic, nor intended to have such traffic.
Because of the location of the proposed use, this commercial traffic is also
mixed with residential traffic. This leads to potentially dangerous vehicle
trips, and delivery vehicles stopping on and impeding the roadway.
Sherburne County Public Works acknowledged concerns with delivery traffic
stopping on, and blocking, the roadway to make deliveries to the site. These
conditions create an adverse effect on public health and safety. Although
traffic conditions or signage could be altered to attempt to reduce these
dangers, given the volume and size of traffic the impact cannot be
eliminated. Although neighborhood sentiment alone is not a basis for the
Council’s decision, the neighbor’s statements at the hearing provide
compelling further evidence for the Council’s finding that this proposed use
will generate excessive traffic and noise—because it already has done so.
(9) The proposed interim use is not consistent with the City of Elk River
comprehensive plan and conforms to the city’s zoning regulations.
The level of impact and intensity of this use is not consistent with the City’s
comprehensive plan. The Property is zoned R-1a, rural residential single-
family. Under the comprehensive plan, it is guided for “Traditional Single-
Family Residential.” It is also within the proposed Urban Service Extension
Area for development in the near future, and it is along the Twin Lakes Road
Corridor, which is further targeted for capacity improvements to support
residential subdivision development. A commercial use generating this
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volume of commercial traffic, as well as noise and the intensity of the
business storage, parking, and trash generation, is not compatible with the
guidance under the comprehensive plan. It will create adverse impacts on the
proposed development course under the comprehensive plan and frustrate
the orderly development of the Property and neighboring areas under the
comprehensive plan. Given the intensity of the proposed use and the nature
of the proposed use as a commercial construction operation, these adverse
impacts cannot be mitigated by imposing conditions because they are
incompatible with the future development plans for the area.
11. Taking into consideration all of the testimony and evidence received, including
statements from the applicant and neighbors, staff reports, the City Council finds
that the Applicant’s proposed goes beyond mere Outdoor Storage, and will have
significant impacts upon safety and the quiet enjoyment in a residential zone. The
Applicant has not established that he has met the requirements for an IUP. The
permit would not be in the public interest.
DECISION
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, MINNESOTA, based upon the information received and
the above Findings, the City Council of the City of Elk River hereby denies the Interim Use
Permit Application IU 24-01 for a residential occupation at 10208 209th Avenue NW, Elk
River, MN.
Passed and adopted this 3rd day of September 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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City of Elk River
City Council
Resolution 24-____
A Resolution of the City Council of the City of Elk River approving the
Interim Use Permit Application IU 24-01
WHEREAS, Jason Bye, (“Applicant”), has applied (“Application”) for an Interim Use
Permit (IUP) (Case No. IU 24-01) to allow for outdoor storage and accessory structure use
for a residential occupation at his residence, 10208 209th Ave NW, Elk River, MN
(“Property”); and
WHEREAS, the record in this matter shall include all of the materials submitted to the
Planning Commission and City Council in connection with the IUP Application; including
the staff reports and all attachments thereto, all other written materials submitted to the
Planning Commission and City Council, and all staff presentations and other testimony
taken at the public meetings considering the Application for the IUP, all of which is
incorporated in and made a part of the findings of fact and this resolution; and
WHEREAS, the Planning Commission held a public hearing on May 28, 2024, to receive
testimony and evidence from city staff, the Applicant and any other persons regarding the
Application; and
WHEREAS, the Planning Commission recommended approval of the Application with
the inclusion of eighteen (18) proposed conditions to ensure compliance with the required
standards; and
WHEREAS, the City Council held a public hearing on June 17, 2024, to receive testimony
and evidence from city staff, the Applicant and any other persons regarding whether the
Application should be approved; and
WHEREAS, the Applicant and all others wishing to speak were given the opportunity to
present testimony to the Planning Commission and City Council; and
WHEREAS, the City Council, at the conclusion of its June 17, 2024, public hearing on the
Applicant’s Application, directed staff to prepare a resolution making findings of fact
approving the Application as the request satisfies all required standards required for issuance
of an IUP; and
WHEREAS, the City Council again reviewed the Application at its August 5, 2024 Work
Session, and directed staff to advertise the Application for consideration during a public
hearing on September 3, 2024.
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NOW, THEREFORE, the City Council of the City of Elk River makes the following:
FINDINGS
1. The Property is zoned R-1a (Single-Family Residential) where residential occupations
with outdoor storage or accessory structure use are allowed according to the
standards outlined in City Code § 30-801.
2. City Code § 30-801(c) outlines the standards for permitted residential occupations,
and § 30-801(d) outlines the Interim Residential Occupation process for uses that
exceed the permitted standards described in 30-801(c).
3. City Code § 30-801(b)(4) provides that no residential occupation (including interim)
may “adversely affect neighboring property values or constitute a nuisance or
otherwise be detrimental to the neighbors because of excessive traffic, noise, . . .
vibration, dust or other nuisance or safety hazards.”
4. City Code § 30-801(b)(5) specifically prohibits body shops, machine shops, and
hazardous materials or activities, as defined by the Minnesota Building Code.
5. City Code §30-801(c) states that permitted residential occupations must be carried
out entirely within the dwelling unit and shall not include outdoor storage.
6. The Application includes outdoor storage and use of an accessory structure. It is
therefore not a residential occupation that is permitted by right. The Application is
also not for a body shop, machine shop, or hazardous activity. The City may grant
the application if it meets the requirements for an IUP pursuant to City Code § 30-
801(d).
7. The Applicant submitted an IUP application, Case No. IU 24-01. The Application
was deemed complete and scheduled for review by the Planning Commission and
City Council.
8. The Application requests an IUP to utilize an existing 20,000 square foot fenced area
and an accessory structure for indoor and outdoor storage. The Application does not
request production or manufacturing on the Property, however, the Applicant is
requesting storage for a business that occurs off site, which results in the Applicant
receiving multiple deliveries per week, equipment storage, and employee parking for
a business specializing in cellular equipment construction.
9. IUP’s must comply with the standards as outlined in § 30-658.
10. Approval of the Application is subject to the following conditions:
(1) The applicant and/or property owner must apply for all required
commercial building, electrical, plumbing, or mechanical permits before
any interior commercial activities can occur.
(2) A code analysis finding commercial building code compliance shall be
prepared by an appropriate registered professional.
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(3) The fenced outdoor storage area shall be:
i. Limited to 20,000 square feet.
ii. Fenced with a 6-foot-tall 100% opaque fence with gates, to be closed
when not in use.
(4) The fenced outdoor storage area must be paved with an approved surface
(Class 5, concrete, asphalt, or crushed concrete/asphalt).
(5) The following shall be located within the fence outdoor storage area:
i. All equipment, vehicles, and products related to the business.
ii. Garbage and recycling dumpsters.
iii. All business or employee parking.
iv. Portable outhouses.
v. Deliveries.
(6) Dumpsters with lightweight materials shall be covered when not in use.
(7) Except for company vehicles, construction equipment, and enclosed
trailers, no materials or products can be stored higher than the top of the
outdoor storage area fence.
(8) The hours of operation shall be limited to 7:00 a.m.-7:00 p.m. Monday
through Saturday.
(9) Exterior lighting on the accessory structure and in the outdoor storage area
shall comply with Section 30-937.
(10) Dust control measures shall be used regularly in the fenced yard area.
(11) A stormwater retention pond, if required, shall be reviewed by city staff
and installed in accordance with all applicable plans.
(12) Outside of routine maintenance/repair completed only by the property
owner, there shall be no major repair/maintenance of company
vehicles/equipment on site. Routine maintenance/repair shall only occur
inside the building with all doors and windows closed.
(13) The parcel 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 deliver vehicles shall not back into the site from 209th
Avenue/County Road 33.
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(16) Signage identifying the business for 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 is prohibited from April 16 through October 31, and idling in
excess of 30 minutes is prohibited from November 1 through April 15.
11. City Code § 30-658(c) provides for analysis and findings required to be the grant of
an IUP. The Application and proposed use, with the conditions meets all required
findings in City Code § 30-658(c)(1)-(9) as provided below:
(1) The period of time for which the interim use permit is to be granted
terminates before any adverse impacts are felt upon adjacent
properties.
City Code § 30-801 provides that an IUP terminates when the property is
sold or the lease expires. Although termination does not guarantee adverse
effects will not affect nearby properties, the residential occupation outdoor
storage ordinance regulations and the approved conditions strive to prevent
this outcome.
(2) There is adequate assurance that the property will be left in suitable
condition after the use is terminated.
There is no indication that the proposed structure and fence will cause
adverse impact to the Property if the use is terminated.
(3) The use is similar to uses allowed in the zoning district in which the
property is located.
Outdoor storage is allowed with an IUP in this zoning district on properties
5 acres and larger. The subject property is 13.34 acres, well above the
minimum requirement. There are also other residential occupations with
outdoor storage in the area, including other occupations involving significant
commercial traffic. These uses have not adversely impacted the zoning
district.
(4) The date or event that will terminate the use can be identified with
certainty.
The IUP shall terminate on sale or lease termination, with certainty.
(5) Authorizing the use will not impose additional costs on the public if it
is necessary for the public to take the property in the future.
The required conditions for this IUP does not contain any extraordinary
features that would impose additional costs on the public.
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(6) The property owner or lessee agree to all conditions that the city
council deems appropriate for authorization of the interim use.
The applicant has stated he would agree to all recommended conditions.
(7) The applicant provides assurances deemed adequate by the city
council that the use will terminate as provided in the interim use
permit. The city council may require the applicant to deposit a cash
amount with the city, or provide some other form of security, to ensure
compliance with this criteria.
The use will terminate with the sale of the Property, a time that is clear
enough that no further assurances would be necessary.
(8) Authorization of the interim use will not result in adverse effects on the
public health, safety, or welfare.
The city code has predetermined the acceptable lot sizes and distances from
existing neighboring structures so as to protect the public health, safety, and
welfare. The Application would meet or exceed all of the required minimum
distances. At the public hearings on the Application the City received
concerns about traffic, parking, noise, and access. However, the conditions
imposed on the approval of the Application adequately protect against
adverse impacts. Furthermore, after the public hearing, the City received
signatures of support from numerous surrounding property owners.
(9) The proposed interim use is consistent with the City of Elk River
comprehensive plan and conforms to the city’s zoning regulations.
The Property is zoned R-1a, rural residential single-family. Under the
comprehensive plan, it is guided for “Traditional Single-Family Residential.”
It is also within the proposed Urban Service Extension Area for
development in the near future, and it is along the Twin Lakes Road
Corridor, which is further targeted for capacity improvements to support
residential subdivision development. City zoning code allows for the
operation of residential occupations involving outdoor storage with an IUP
in rural residential and single-family use zones. Other, similar businesses
already operate in the area without conflict with neighboring residential uses.
The conditions imposed on the IUP adequately ensure conformity with the
planned use of the area.
12. Taking into consideration all of the testimony and evidence received, including
statements from the applicant and neighbors, staff reports, the findings of the
Planning Commission, and the memorandum from Sherburne County, the City
Council finds that the Applicant’s proposed use meets the requirements for an IUP.
The permit would be in the public interest.
DECISION
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, MINNESOTA, based upon the information received and
the above Findings, the City Council of the City of Elk River hereby grants the Interim Use
Page 82 of 197
Permit Application IU 24-01 for a residential occupation at 10208 209th Avenue NW, Elk
River, MN.
Passed and adopted this 3rd day of September 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Page 83 of 197
Page 84 of 197
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.
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Page 86 of 197
I'm a neighbor of Jason and Nikki Bye at 10208 209th 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.
Adress 6?c1vttr7
Phone Number {p 0--7 C)f -<e 0 17
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