Planning Commission Packet - August 26, 2025
Planning Commission
Regular Meeting
&
Work Session
Agenda
Tuesday, August 26, 2025
6:30 PM
Elk River City Hall
▪ Regular meeting in Council Chambers
▪ Work Session meeting in Council Chambers immediately following regular meeting
1. CALL MEETING TO ORDER
2. CONSIDER AGENDA
3. CONSIDER MINUTES
3.1 DRAFT Minutes - July 22, 2025
4. PUBLIC HEARINGS
An opportunity for the public to express their opinions and raise questions pertaining to the agenda item. All comments
become part of the official public record. For this reason, all comments must be made at the podium so they can be heard
and recorded. Comments may also be provided in writing. There will not be deliberations, discussions, or answers to
questions until the hearing is closed. It is important to be courteous and allow each presenter to comment before adding
additional testimony.
4.1 Pat Briggs Planned Unit Development (PUD): Two 79-unit Apartment Buildings, Land Use
Amendment, Zone Change, and Ordinance Amendment - 17379 Twin Lakes Rd NW
4.2 Preliminary Plat: Prairie Haven, Gavin Hemmer - 13631 192 1/2 Ave NW
4.3 Conditional Use Permit: Motor Vehicle Sales and Repair, Pavel Liashkovich - 15777 Jarvis St NW
5. GENERAL BUSINESS
Items in which the information is presented by city staff or consultants, then deliberation and action occur. General Business
items are not opportunities to receive or provide public input. However, the presiding officer may, at its sole discretion,
solicit public feedback.
6. COUNCIL LIAISON UPDATES
7. MOTION TO ADJOURN
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Meeting of the Planning Commission
Held at the Elk River City Hall
Tuesday, July 22, 2025
Members Present: Chair Perry Beise, Commissioner Eric Johnson, Commissioner Robert Rydberg,
Commissioner Dennis Booth, Commissioner Dornan Bland, Commissioner
Anthony Kaba
Members Absent: Councilmember Jennifer Wagner, Commissioner James Zahler
Staff Present: Community Development Director Zack Carlton, Senior Planner Chris
Leeseberg, and Sr. Administrative Assistant/Recording Secretary Katie Porath
1. CALL MEETING TO ORDER
Pursuant to due call and notice thereof, the meeting was called to order at 6:45 p.m.
2. CONSIDER AGENDA
Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the
agenda. Motion carried 6-0.
3. CONSIDER MINUTES
Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the
following consent items as outlined in their respective staff reports. Motion carried 6-0.
3.1 Draft Minutes - June 24, 2025
4. PUBLIC HEARINGS
4.1 Conditional Use Permit: Renewable Natural Gas Facility - Elk River Landfill/Waste Management,
22460 Highway 169
Mr. Carlton presented the staff report.
Commissioner Johnson asked if there were any concerns with noise or fumes. Mr. Carlton stated that
the location next to the landfill, major roads, and the gravel mine meant that noise and fumes already
existed and may not be of concern.
Chair Beise opened the public hearing. There being no one to speak to this matter, Chair Beise closed
the public hearing.
Commissioner Rydberg asked if the product would be shipped off-site in a truck. Mr. Carlton stated the
product would remain on site until it is pumped through underground pipes.
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Planning Commission Minutes
July 22, 2025
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Moved by Commissioner Johnson and seconded by Commissioner Booth to recommend
approval of the Conditional Use Permit granting approval of a renewable natural gas
processing facility on the Elk River Landfill site, subject to the following conditions:
1. Waste Management must receive all required land use and zoning approvals from
Sherburne County for the portion of the operation within their jurisdiction.
2. Approval of the associated variance (V 25-10) granting approval of a zero-foot lot line
setback.
3. Any work within MnDOT right-of-way, including underground utility work, will require
additional permitting from the state.
4. Utility work within the city's right-of-way requires separate permitting, and is in
addition to all commercial building permit requirements. Motion carried 6-0.
4.2 Interim Use Permit: Residential Occupation - Robert Kendrick, 11473 199th Ave NW
Mr. Leeseberg presented the staff report.
Commissioner Johnson asked if any of the conditions were different from their 2020 application. Mr.
Leeseberg stated the conditions were nearly identical.
Chair Beise opened the public hearing. There being no one to speak to this matter, Chair Beise closed
the public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Kaba to recommend
approval of the Interim Use Permit with the following conditions:
1. All openings to the accessory structure shall be closed when the business is in
operation.
2. There shall be no outdoor storage of any business products or equipment.
3. The building must meet all commercial building requirements.
4. There shall be no customers/retail sales on site.
5. The IUP will expire upon the sale of the property.
Motion carried 6-0.
4.3 Conditional Use Permit: Amending CU 23-02 to allow vehicle repair and storage - Skyline Motors
and Collision, 17242 Ulysses St. NW
Mr. Leeseberg presented the staff report. He stated the applicant asked for an adjustment from the
packet location map to maintain some open area on the west side. The applicant asked to change the
date of compliance with conditions from September 2 to October 15, 2025.
Commissioner Rydberg clarified that the red line indicated the proposed fencing. Mr. Leeseberg
confirmed.
Chair Beise opened the public hearing. There being no one to speak to this matter, Chair Beise closed
the public hearing.
Commissioner Kaba asked if staff was ok with extending the deadline for conditions from September 2
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Planning Commission Minutes
July 22, 2025
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to October 15, 2025.
The Commissioner discussed the ramifications of non-compliance. Commissioner Bland was in favor of
not granting the permit until there was compliance. Mr. Carlton stated he was hopeful, with new
operators, there would be compliance. However, if there was non-compliance, the Council could
revoke their CUP.
Moved by Commissioner Booth and seconded by Commissioner Johnson to recommend
approval of the Conditional Use Permit with the following conditions to satisfy the
standards set forth in Section 30-654:
1. The Conditional Use Permit shall not be recorded until all conditions have been
completed.
2. An amendment to this Conditional Use Permit will be required for future
changes/additions not shown on the Staff Site Plan dated 7-22-2025.
3. A code analysis finding building code compliance for the areas approved for use
under this CUP shall be prepared by an appropriate registered professional.
4. The number of motor vehicle sales dealers shall be limited to one (1).
5. No more than 5 “for sale” vehicles may be displayed on the subject property.
6. All motor vehicle repairs, body work, or detailing shall only occur inside the
building.
7. Exterior doors shall be closed while any motor vehicle repair, body work, or
detailing occurs.
8. The damaged vehicle storage area shall be limited to the area identified on the Staff
Site Plan dated 7-22-2025.
The following conditions must be completed by October 15, 2025:
1. Fencing shall be installed as shown on the Staff Site Plan dated 7-22-2025.
2. The parking lot shall be striped to city requirements for the stalls shown on the
Staff Site Plan dated 7-22-2025.
3. Five signs shall be installed indicating “For Sale” vehicles as shown on the Staff Site
Plan dated 7-22-2025.
Motion carried 6-0.
4.4 Zone Change: City of Elk River, Business Park (BP) to Highway Commercial (C3)
Mr. Leeseberg presented the staff report.
Chair Beise opened the public hearing. There being no one to speak to this matter, Chair Beise closed
the public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Booth to recommend
approval of the proposed zone changes from Business Park (BP) to Highway Commercial
(C3) and Single Family Residential (R1c) as shown on the Existing and Proposed
exhibit. Motion carried 6-0.
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Planning Commission Minutes
July 22, 2025
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4.5 Land Use Amendment: City of Elk River Business Park (BP) to Mixed Residential (MR)
Mr. Leeseberg presented the staff report.
Chair Beise opened the public hearing. There being no one to speak to this matter, Chair Beise closed
the public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Booth to recommend
approval of the Comprehensive Plan amendment changing the land use from Highway
Business to Mixed Residential. Motion carried 6-0.
5. GENERAL BUSINESS
Mr. Carlton publicly thanked Jennifer Green, Sr. Administrative Assistant, for her work in the
Community Development department over the past 8 years.
6. COUNCIL LIAISON UPDATES
There were no Council liaison updates.
7. MOTION TO ADJOURN REGULAR MEETING
Moved by Commissioner Rydberg and seconded by Commissioner Booth to adjourn the
meeting. Motion carried 6-0.
The meeting adjourned at 7:09 p.m.
Minutes prepared by Katie Porath.
___________________
Perry Beise, Chair
___________________
Tina Allard, City Clerk
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The 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
Planning Commission
Item Number
4.1
Meeting Date
August 26, 2025
Prepared By
Zack Carlton, Community Development Director
Item Description
Pat Briggs Planned Unit Development (PUD): Two
79-unit Apartment Buildings, Land Use Amendment,
Zone Change, and Ordinance Amendment - 17379
Twin Lakes Rd NW
Reviewed by
Chris Leeseberg
Action Requested
Recommend, by motion, approval of the proposed land use amendment, changing the Comprehensive Plan
guidance from Mixed Residential to Multifamily.
Recommend, by motion, approval of the proposed zone change, changing the zoning from FAST (D) to
Planned Unit Development (PUD) subject to council approval of the associated land use amendment (LU 25-
02) and ordinance amendment (OA 25-08) establishing the PUD standards.
Recommend, by motion, approval of an ordinance outlining the development standards for a residential
Planned Unit Development, subject to the following conditions.
1. City Council approval of zone change (ZC 25- 02)
2. Address all comments noted in the comment letter dated August 20, 2025.
3. Submit full landscape plans demonstrating compliance with city codes.
4. Staff approval of all submitted plans (site, engineering, architectural, etc.)
5. The applicant must prepare and record a perpetual ingress/egress easement to the benefit of the two
single-family homes east of the subject site. This easement must also include all necessary utility access rights
for both of these parcels.
Background/Discussion
The applicant, Pat Briggs, has requested approval of a series of applications to support the development of a
multifamily project consisting of two 79-unit apartment buildings. Proposed as a PUD, the project requires
approval of a land use amendment to update the guidance for the property from Mixed Residential to
Multifamily, a zone change updating the zoning of the property to PUD, and an ordinance amendment
establishing the PUD standards and memorializing the project within the city code.
Site Plan
Plans show two 4-story apartment buildings with associated parking and stormwater features. The one
driveway accesses Twin Lakes Road and also serves as an access point for the two existing single-family
homes east of the subject site. A condition that the access rights for the two parcels to the east be
memorialized in a perpetual ingress/egress easement is included.
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If access from southbound Twin Lakes Road is to be maintained, the developer will need to improve the
temporary access to include a dedicated turn-lane. If this access is not improved, the temporary access will
need to be removed.
There are two existing wetlands on the property, and the developer has proposed filling one of the wetlands.
This action will require an additional approval from the state before building permits will be issued. An
approval letter will be required as part of future building permit applications. The southern building
encroaches into the wetland setback/buffer. The area outside of the impervious impacts to the buffer will
need to be left as unmaintained vegetation.
Building Plans
Submitted plans show an apartment building with four-stories of residential units and one floor of parking.
The majority of units within each building are designated as efficiency units. The commission should discuss
this distribution and make a recommendation whether the mix is appropriate.
The developer has submitted conceptual graphics of the building's exterior. Architecturally prepared building
elevations identifying building materials, colors, and the percentage of each material must be submitted for
review.
Plans request a reduction in the parking requirements for the use. Ordinance requires 2.5 parking stalls per
residential unit, a total of 395 stalls. Additionally, one covered stall per unit is required, a total of 158. Plans
identify 258 total stalls, with 124 covered stalls for a parking ration of 1.63 stalls/unit. The city has traditionally
supported reduced parking requests at 2 stalls per unit subject to proof of parking availability should parking
concerns arise. The site has little space for proof of parking, and the requested ratio is below what has been
approved in the past. The developer notes that parking demands should be reduced due to the number of
efficiency units. The PUD process can be used to approve this deviation, and the Planning Commission should
discuss this request in greater detail.
City Services
The new buildings will connect to city services. Submitted plans did not detail these connections and updated
plans will need to be submitted and approved by Elk River Municipal Utilities and the city engineer.
Comprehensive Plan
The proposed amendment to the land use plan will update the guidance for the subject property from mixed
residential to multifamily. The property is adjacent to two existing apartment developments and will be
compatible with surrounding land uses.
Zone Change
The proposed zoning amendment supports the residential PUD proposal. The zone change to PUD can be
approved after the land use amendment has been adopted.
Ordinance Amendment
The city uses an ordinance amendment process to memorialize the standards of the PUD. The ordinance will
describe the permitted uses, architectural standards, setbacks, and site plan. All future permits will be
evaluated against the approved PUD standards. Staff will guide the commission through a discussion regarding
the various PUD deviations and request separate recommendations on each item. The commission will then
have an opportunity to recommend moving the plans forward for council consideration or request updated
plans from the developer.
Financial Impact
None
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Mission/Policy/Goal
Opportunity to live, work, and play.
Attachments
1. Location Map
2. Applicant's Narrative
3. Civil Plans dated July 17, 2025
4. _Floor Plans and Architectural Concept
5. Comment Letter dated August 8, 2025
6. 4.1 Briggs Apartment
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Two phases of a 4 Story 80 Unit Market Rate Apartment Building including covered parking.
Consisting of 85% Studio units for Individuals seeking affordable housing options to work and play
and access public transportation within Biking & walking distances to Industrial/Office and the
retail sector on the East Side of 169.
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13065 Orono Parkway
Elk River, MN 55330
763.635.1000
ElkRiverMN.gov
August 20, 2025
Pat Briggs Via Email: pat@thebriggscompanies.com
19443 County Road 43, Suite H
Big Lake, MN 55309
RE: Briggs Apartment PUD – 17379 Twin Lakes Road NW
Staff have completed a review of the application materials submitted for a multifamily apartment PUD -
Land Use Amendment (LU 25-02), Zone Change (ZC 25-02), and Ordinance Amendment (OA 25-08)
submitted on July 23, 2025, and have the following comments. Please address these comments with
future submittals.
Land Use Amendment
The proposed land use amendment is consistent with existing apartment uses to the north and south of
the subject site. The current designation of mixed residential also supports a higher residential density,
but multifamily is a better fit based on the proposed use. Access will be from a collector road. This
change will not be incompatible with existing and proposed uses.
Zone Change
1. The proposed zone change supports a multifamily/apartment PUD. The Ordinance Amendment
creating the PUD must be approved by the City Council in order for the zone change to be recorded.
2. The associated land use amendment must be approved prior to approval of the zone change to PUD.
General Plan Comments
1. Water service connection plans are required, please submit with next round of plan updates.
2. Existing water service stubs not used will be considered discontinued. All discontinued water services
shall be shut off and disconnected at the main and the stop box shall be removed by a licensed
plumber or licensed sewer installer at the expense of the property owner.
3. Hydrants shall be spaced so that all portions of a building or residence to be protected are within a
250-foot radius of a hydrant. (Final review will be made by the Fire Chief and City Engineer)
4. ERMU Electrical Comments:
o With two different structures and two different addresses all material and labor related to electric
connections will be cut in half and applied equally to each address.
o Electric transformers need access from a paved surface.
o Please submit a load sheet to determine transformer size needs.
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o If any adjustments are needed to maintain power for the existing home, the developer will be
responsible for 100% of the material and labor costs.
5. No private improvements are permitted in the city ROW (tables, retaining walls, parking lots, stormwater
management, etc.)
6. Access to Twin Lakes Road southbound will need either a three-quarter access installed with a turn lane,
or the temporary access point will need to be removed.
7. Submit plans showing all public utilities (sewer and water).
8. Provide an updated stormwater report to account for 1.1" of impervious rather than 1". Ensure runoff
rates are decreased to all outlets including city storm sewer. Include TSS and TP removals in stormwater
report.
9. Preliminary site plan and grading plans show impacts to wetlands. Approval of a wetland replacement
plan will be required.
10. Future building permit applications will require full architectural and engineering plans signed by a
qualified professional.
11. Ordinance requires 2.5 parking stalls for each residential unit. With two proposed 79-unit buildings, 395
stalls will be required and 158 stalls (79 per building) must be covered. Submitted plans show 258 total
stalls with 124 covered spaces (62 per building). This deviation will need to be approved as part of the
requested PUD.
12. The submitted building elevations are conceptual. Detailed building elevations identifying building
heights and material selections and percentage of facade coverage are required.
13. Will there be exterior trash storage and enclosures?
14. The two single-family homes east of the subject site currently access their property utilizing a driveway
running through the property. Access for these homes must be maintained at all times during
construction and a permanent ingress/egress easement must be granted to both properties. Additional
easements supporting utility extensions through the subject site and to the benefit of the properties to the
east must also be included.
15. Plans indicate plans for two separate lots. A subdivision application facilitating this split is required.
16. The southern building is within the wetland buffer setback. Encroachment into the setback will be
considered as part of the PUD. Future maintenance of the site should prohibit maintenance activities
within the 25-foot wetland buffer.
The Planning Commission will review the applications on August 26, 2025, at 6:30 p.m. at the Elk River
City Hall. With a recommendation from the commission on that date, the City Council will review the
project on September 15, 2025.
Thank you, and please submit all updated plans and responses to comments in the citizenserve portal.
Sincerely,
Zack Carlton, AICP
Community Development Director
763.635.1035
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Briggs Apartment PUD – Twin
Lakes Road
Land Use, Zone Change, and
Ordinance
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Background
§Pat Briggs has proposed development of a Planned Unit
Development (PUD) with two 79-unit apartment
buildings.
§Requires a land use amendment, zone change, and
ordinance amendment to create the PUD.
§Wetland setbacks
§Parking reduction
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Comprehensive Plan – Land Use
§Comp Plan guides the property for Mixed Residential
Uses
§Mixed Residential encourages neighborhoods with
multiple housing types
§Increasing density up to small-scale multifamily.
§Proposal for multifamily which supports the apartment
use.
§Apartment projects north and south of subject site.
§Proposed amendment compatible with surrounding
uses.
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Zoning
§The subject site is zoned FAST (D) which supports high
density residential uses – up to and including the
proposed apartment project.
§Proposed rezoning to PUD is required for development
as a planned unit development to allow deviations from
ordinance.
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General Layout
§Two L-shaped buildings situated on corners of lot with
parking and stormwater between the buildings and
street.
§Includes underground parking – 124 stalls (62 per
building)
§Single access to Twin Lakes Road, a 4-lane collector
street.
§Driveway continues through site and to the east,
providing access to two existing homes.
§Access/utility easements are required.
§Additional details regarding southbound access are
required.
§Central wetland proposed to be filled and replaced with
a pond
§Requires separate approval from the state.
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Parking
•Ordinance requires 2.5
stalls/unit – one covered.
•Plas provide 1.63 total
stalls/unit
•Deficient on covered and
surface stalls.
•2.0 stalls/unit generally
approved with proof of
parking.
•One project has been short
on covered stalls (Common
Bond).
•ER Lodge (AmericInn)
1.94/unit constructed.
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•Conditions requiring additional architectural details and landscape plans
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62 parking stalls
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62 parking stalls
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City Utilities
§Both structures would connect to city services.
§Additional utility details are required.
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Planning Commission Actions
§PUD’s carry additional discretion on behalf of PC and CC
§Different than plats and CUPs.
§PC can recommend approval, modifications, or denial of the
request.
§May request changes or updates for review at a subsequent
meeting (architectural, site plans, etc.)
§Discuss the proposed project.
§Comprehensive Plan Amendment.
§Parking deviation from 2.5 to 1.63 stalls/unit without proof of
parking.
§Wetland encroachments along south lot line.
§Environmental impacts.
§Unit mix in the building.
§General layout and design.
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Action Requested
§The Commission may recommend approval, denial, or
continue their review to September 23, 2025, and
request plan updates.
§Three applications require action
§Land use amendment from Mixed Residential to
Multifamily
§Zone change from FAST (D) to PUD
§Ordinance Amendment establishing the PUD
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City Council Meeting
§If the Planning Commission acts, the City Council will
review the plat on September 15, 2025.
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The 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
Planning Commission
Item Number
4.2
Meeting Date
August 26, 2025
Prepared By
Zack Carlton, Community Development Director
Item Description
Preliminary Plat: Prairie Haven, Gavin Hemmer -
13631 192 1/2 Ave NW
Reviewed by
Chris Leeseberg
Action Requested
Recommend, by motion, approval of the Preliminary Plat of Prairie Have, subject to the following conditions:
1. The associated lot size variance (V 25-12) must be approved and recorded along with a future final plat.
2. A wetland variance to support a driveway for lot 1 must be approved prior to approval of a final plat.
3. The applicant should work with their surveyor to explore opportunities to minimize the right-of-way
dedicated for 192nd 1/2 Ave.
Background/Discussion
The applicant, Gavin Hemmer, proposes subdividing two existing lots with the plat of Prairie Haven, creating
four new buildable lots. One parcel will house the existing home, and the three remaining lots will be sold for
single-family development.
The applicant has also requested approval of a lot-size variance for two of the parcels. The property is zoned
R-1a with a minimum lot size of 2.5 acres and the proposed lots are 1.29 and 1.59 acres. Each parcel has at
least 1 acre of buildable upland area, supporting a home, two septic system locations, and options for
detached accessory structures. Approval of the variance is included as a condition of approval.
The proposed lots have the required frontage on a public street, but lot 1 will also require a variance to
support a driveway through a wetland buffer setback. The lot is buildable beyond the wetland setbacks. The
applicant must apply for this variance and receive approval prior to bringing a final plat forward for approval
by the City Council.
Applicable Regulations
Preliminary Plat
City ordinance section 30-375 outlines the required findings for approval of a Preliminary Plat.
1. The proposed subdivision is consistent with the zoning regulations (article VI of this chapter) and conforms in all
respects with all requirements of this Code, including the zoning regulations and this article.
The subdivision requires approval of two variances. One of which has already been applied for, and the
second is included as a condition of approval. The current variance application supports development of two
substandard lots, and the second will support a driveway access for lot 1. If the variances are approved, the
subdivision will be consistent with the zoning regulations of this article.
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2. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans,
including, but not limited to, the city's comprehensive development plan.
The Comprehensive Plan guides the property for rural residential uses, supporting larger lot single-family uses
with well and septic access. City services are not proposed for properties in this classification. The proposed
subdivision is consistent with this guidance.
3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to
erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and
uses contemplated.
The majority of the site is developable upland property, supporting single-family development. A wetland
delineation identified two wetlands in the NW corner of the subject site, limiting development options. This
lot is the largest of the proposed lots and has more than enough upland area to support the development of a
single-family home, septic system, and accessory structure.
4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation,
erosion control and all other services, facilities and improvements otherwise required in this article.
Water supply and sewage will be handled onsite with private wells and septic. The remaining provisions are
provided for within the proposed subdivision.
5. The proposed subdivision will not cause substantial environmental damage.
The identified wetlands are protected with the wetland buffer and setback ordinance. The required driveway
encroachment is anticipated to remain outside the 25-foot buffer, and may only impact the 20-foot buffer
setback. The city has supported multiple limited driveway encroachments consistent with the anticipated
request.
6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a
court.
The large right-of-way proposed for 192nd 1/2 Ave is 166 feet wide at its widest and reduces the lot size for
parcels 2 and 3. Staff has included a condition that the applicant work with his surveyor to review the right-of-
way for possible reduction in size, closer to the typical width of 66-feet. Northern Natural Gas also has a
large easement along the southern boundary of lots 2 and 3, limiting the buildable area. After taking these
easements into account, the subdivision can accommodate the proposed uses.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring
land.
The proposed subdivision will not have an adverse impact on the reasonable development of neighboring
land.
8. The proposed subdivision is not premature. A subdivision is premature if any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
The addition of two buildable lots at this intersection is not premature as the existing infrastructure can
support the uses.
In reviewing the standards for approval of a Preliminary Plat and the recommended conditions of approval,
the proposed project meets the standards, and is recommended for approval.
Financial Impact
None
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Mission/Policy/Goal
Support the growth and development of the community.
Attachments
1. Location Map
2. Applicant's Narrative
3. Preliminary Plat of Prairie Haven
4. 4.2 Prairie Haven Plat
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This variance request supports the proposed Prairie Haven Subdivision, a thoughtfully designed
residential development on a 12.20 acre parcel within the R-1A zoning district. The plan proposes
four single-family residential lots, two of which are modestly below the 2.5 acre minimum required
by ordinance. However, each of these lots exceeds 1 acre of dry, contiguous upland and fully meets
all septic, access, and buildability standards.
The goal of this project is to offer high-quality rural residential lots at a more attainable price point
compared to surrounding properties, while maintaining the area's low-density character. The modest
reduction in lot size is a strategic approach that helps control development costs, preserves open
space, avoids environmental impacts, and reduces infrastructure demands all without compromising
the quality or integrity of the neighborhood.
This parcel is uniquely constrained by its irregular shape, natural gas easements, County Road 35
frontage, and adjacent BNSF rail line. These factors reduce flexibility in lot layout and are entirely
outside the petitioner’s control. The proposed subdivision is a practical and responsible solution to
these constraints.
Every element from soil borings and septic locations to access points and wooded buffers has been
carefully planned with input from professional surveyors and engineers. The result is a subdivision
that fits seamlessly into the surrounding neighborhood, maintains open space, requires no new roads
or public utilities, and respects all environmental and infrastructure concerns.
By granting this variance, the city enables a project that balances ordinance intent with real-world
site conditions, while supporting the city’s goals of rural preservation, housing diversity, and
responsible growth.
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Gavin Hemmer/ Prairie Haven Plat
Preliminary Plat
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Background
§Applicant, Gavin Hemmer, proposes platting two lots into four
buildable parcels.
§Plat of Prairie Haven
§Minimum lot size of 2.5 acres
§Variance proposal for two lots at 1.59 and 1.61 acres
§Remaining two lots meet the minimum.
§All parcels meet lot frontage and width requirements.
§Updated plat addresses wetland setback variance and right-of-way
width.
§Addresses conditions two and three.
§Served by private well and septic.
§Right-of-way dedication for Ogden Street and 192nd ½ Avenue
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Applicable Standards
§Staff’s analysis finds that subject to the approval of the
lot size variance, the plat satisfied the required
standards for approval of a preliminary plat.
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Action Requested
§Recommend approval of the preliminary plat of Prairie
Haven subject to the conditions noted in the memo.
§Conditions 2 and 3 can be removed as they have
been addressed with the updated plat.
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City Council Meeting
§If the Planning Commission acts, the City Council will
review the plat on September 15, 2025.
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The 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
Planning Commission
Item Number
4.3
Meeting Date
August 26, 2025
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Conditional Use Permit: Motor Vehicle Sales and
Repair, Pavel Liashkovich - 15777 Jarvis St NW
Reviewed by
Zack Carlton
Action Requested
Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the
standards set forth in Section 30-654:
1. The Conditional Use Permit shall not be recorded until all conditions have been completed.
2. The applicant and/or property owner must apply for all required commercial building, electrical,
plumbing, and/or mechanical permits before any associated activities can occur.
3. Outdoor storage of damaged or inoperable vehicles shall be allowed only in the fenced-in outdoor
storage area as shown on Exhibit A.
4. Hazardous materials shall be handled and disposed of in accordance with the Minnesota Pollution
Control Agency (MPCA).
5. The number of motor vehicle sales dealers shall be limited to one (1).
6. No more than 10 “for sale” vehicles may be displayed on the subject property.
7. All motor vehicle repairs, body work, or detailing shall only occur inside the building.
8. Exterior doors shall be closed while any motor vehicle repair, body work, or detailing occurs.
9. A code analysis finding building code compliance for the entire building shall be prepared by
appropriate registered professionals.
10. The parking lot shall be striped to city requirements.
11. Ten signs shall be installed indicating “For Sale” vehicles.
12. Conditions 9-11 must be completed by October 31, 2025, or the CUP will be brought to the City
Council on November 17, 2025, to discuss revocation.
13. An amendment to this Conditional Use Permit will be required for future changes/additions not shown
on Exhibit A.
14. Conditional Use Permit CU 23-20 shall become void.
Background/Discussion
The property is zoned I3-General Industrial where motor vehicle sales and repair require a Conditional Use
Permit (CUP). The applicant is seeking a CUP to store and sell automobiles/ SUVs small pickup trucks as well
as bumper and utility trailers (vehicles) and to be able to repair these items.
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The property received a CUP in 2023 for only motor vehicle sales in a portion of the existing building, but
motor vehicle repair was not approved. The applicant is requesting an amendment to the CUP to include
motor vehicle repair, along with sales, utilizing the entire building.
The hours of operation will be Monday-Friday 8:00 a.m. – 5:00 p.m. and on Saturdays by appointment.
Parking
The city ordinance states:
• Auto sales, trailer sales, marine and boat sales, implement sales, garden supply store, or building materials
sales: one parking space for each 500 square feet of floor area.
• Open sales or rental lots shall also provide one parking space for each 5,000 square feet of land which is to be
used for sales and display area.
• Office building: one parking space for each 300 square feet of floor area.’
• Automobile repair service station: one parking space for each 300 square feet of floor area.
• The state also requires “display area” for a minimum of 5 vehicles per dealer.
There is an adequate area on the property to support parking requirements.
Outdoor Storage
A large portion of the property has an existing fenced-in area that will be utilized for the storage of damaged
and inoperable vehicles.
Building Requirements
The proposed motor vehicle repair garage was not approved by the original CUP and is a change of use of the
building. In the building code, repair garages are required to have a fire suppression system if they are larger
than 12,000 sq.ft. or there needs to be fire walls that separate fire areas within the building. The applicant’s
architect will need to discuss this with the building owner/tenant to see how they will comply with these code
provisions. Also, the mechanical systems will need to be reviewed by a licensed mechanical engineer verifying
the ventilation systems meet the code for this type of use.
Applicable Regulations
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the
city.
The proposed motor vehicle sales and repairs are compatible with the other industrial businesses in the
area. The applicant and/or property owner shall ensure vehicles stored on the parking lot do not leak fuels or
other hazardous materials. With these measures, the proposed motor vehicle repair shop should not
endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or
the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.
2. Will be consistent with the comprehensive plan.
The property is guided as Industrial and the industrial use category includes both heavy and light industrial
businesses such as manufacturing, warehousing, and excavation. These uses are primarily located off of
Highway 169, Highway 10, and the BNSF Railroad which provide easy access for the transferring of goods
throughout the region.
Staff do not see a need to impose specific conditions to satisfy this standard.
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3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
The surrounding area is developed. The use will not impede the normal and orderly development and
improvement of surrounding vacant property.
Staff do not see a need to impose specific conditions to satisfy this standard.
4. Will be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and
will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public
thoroughfares.
The property will be served adequately by and will not adversely affect essential public facilities and services
including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and
schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and
neighboring public thoroughfares.
Staff do not see a need to impose specific conditions to satisfy this standard.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
With architectural reviews, motor vehicle sales and repairs will not involve uses, activities, processes,
materials, equipment, and conditions of operation that will be detrimental to any persons or property because
of excessive traffic, noise, smoke, fumes, glare, odors, dust, or vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
The site is already developed and is used for industrial uses. The use will not result in the destruction, loss or
damage of a natural, scenic or historic feature of major importance.
Staff do not see a need to impose specific conditions to satisfy this standard.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and Standards
for the issuance of a license or permit to establish and operate the proposed use in the city.
A code analysis finding building code compliance for the entire building shall be prepared by an appropriate
registered professional.
The use will fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or
a report stating how the proposed use does not comply with the standards set forth in Section 30-654.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these
standards.
Financial Impact
None
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Mission/Policy/Goal
Meet changing needs - agile.
Attachments
1. Location Map
2. Project Narrative
3. Submitted Site Plan
4. Submitted Building Plan
5. Booth Exhibit
6. Exhibit A
7. 4.3 Cornerstone Builders
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Project Narrative
Proposal to install one professional Garmat 3000 series 27ft paint booth and a paint
mixing room.
Paint booth will occupy 369 sq ft and paint mixing room is 150 sq ft of the total shop space
of 4800 sq ft
Hours of Operation
8-5
Number of Employees
2
Number of parking stalls required by ordinance: City Ordinance Section 30-903 outlines
these requirements.
N/A
Number of existing and proposed parking stalls
N/A
If screening, not associated with outdoor storage, is being proposed, what will it consist of?
N/A
What are the proposed building materials? The required building materials vary from zoning
district to zoning district.
N/A
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Is outdoor storage being proposed? If yes, detail what is being stored, how much/many,
and what is the proposed screening? City Ordinance Section 30-807 outlines these
requirements.
NO
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Item 4.3
Cornerstone Builders
Conditional Use Permit
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Background
§I3 - General Industrial
§Motor Vehicle
§Sales
§Repair
§CUP required
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Background
§Received a CUP in 2023
§Motor vehicle sales
§Portion of the existing building
§Requesting an amendment to the CUP
§Motor vehicle sales
§Adding Vehicle repair
§Utilizing the Whole building
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Outdoor Storage
§Property has an existing fenced-in area
§Utilized for the storage of damaged and inoperable
vehicles
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Building Requirements
§Motor vehicle repair was not included with original CUP
§The structure and its use must comply with all
applicable commercial building, plumbing, mechanical,
and electrical codes
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CUP Requirements
§Staff’s analysis of the application shows compliance
with four of the seven (7) standards required for
approval of the CUP
§With the recommended conditions, the other standards
should be complied with
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Action Requested
§Recommend, by motion, approval of the CUP with the
14 conditions outlined in the memo
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City Council Meeting
§If acted on, this item will go the September 15, 2025,
City Council meeting
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Conditions
1. The Conditional Use Permit shall not be recorded until all conditions have been completed.
2. The applicant and/or property owner must apply for all required commercial building, electrical,
plumbing, and/or mechanical permits before any associated activities can occur.
3. Outdoor storage of damaged or inoperable vehicles shall be allowed only in the fenced-in outdoor
storage area as shown on Exhibit A.
4. Hazardous materials shall be handled and disposed of in accordance with the Minnesota Pollution
Control Agency (MPCA).
5. The number of motor vehicle sales dealers shall be limited to one (1).
6. No more than 10 “for sale” vehicles may be displayed on the subject property.
7. All motor vehicle repairs, body work, or detailing shall only occur inside the building.
8. Exterior doors shall be closed while any motor vehicle repair, body work, or detailing occurs.
9. A code analysis finding building code compliance for the entire building shall be prepared by
appropriate registered professionals.
10. The parking lot shall be striped to city requirements.
11. Ten signs shall be installed indicating “For Sale” vehicles.
12. Conditions 9-11 must be completed by October 31, 2025, or the CUP will be brought to the City
Council on November 17, 2025, to discuss revocation.
13. An amendment to this Conditional Use Permit will be required for future changes/additions not
shown
on Exhibit A.
14. Conditional Use Permit CU 23-20 shall become void.
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