6.10. SR 04-18-1994
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ITEM 6.10.
MEMORANDUM
TO:
MAYOR & CITY COUNCIL
FROM:
GARY SCHMITZ, PLANNING
ASSISTANT
DATE:
APRIL 18, 1994
SUBJECT: CONDITIONAL USE PERMIT
REQUEST BY JAMES THOMPSON/PH
CASE NO. CU-94-04
REQUESTED ACTION
Mr. Thompson is requesting a conditional use permit to operate a sales lot
and consignment sales for used automobiles, recreational vehicles and boats.
LOCATION
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9945 Highway 10. Part of the SWl/4 of the SEl/4 of Section 13, Township
32, Range 26, Sherburne County, Minnesota. The site contains
approximately 3 acres.
ZONINGILAND USE
C3/Highway Commercial
HB/Highway Business
ATTACHMENTS
March 22,1994, report to the Planning Commission
ANALYSIS
The applicant is proposing to occupy the building formerly owned by G- TEE
Tractor Sales. The business will consist of selling used automobiles,
recreational vehicles, and boats. The applicant also plans on selling these
same items on a consignment basis. Automobile sales are a conditional use
in the C3 zoning district. No repairable vehicles will be sold on this site.
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Another major portion of the business will consist of selling and delivering
catalytic converters and other exhaust system parts from the building. No
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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auto repair, except minor repair on the applicants own vehicles, will take
place on this parcel. The attached report to the Planning Commission
provides more detail on the issues related to the CUP request.
DRAINAGE
The applicant is currently revising his drainage plan to meet City Code. If
the CUP is approved, staff would recommend that a drainage plan be
approved by the City Engineer prior to the site improvements. I have
changed condition #7 to read that the drainage plan and a new overall site
plan must be approved by staff prior to the start of the site improvements.
PLANNING COMMISSION ISSUES
At the March 22, 1994, Planning Commission meeting, one issue was raised
by a neighboring property owner that recreational vehicles placed along the
front of the parcel would block the view of westbound traffic to his site. In
response to this concern, the Planning Commission added to their motion
that any RV's must be parked along the east property line near the building.
RECOMMENDATION
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The Planning Commission and staff recommend the City Council approve the
conditional use permit for James Thompson to operate an automobile sales
lot and consignment sales with the following conditions:
Staff recommends approval of the conditional use permit for James
Thompson to operate a sales lot and consignment sales for used automobiles,
recreational vehicles, and boats with the following conditions:
1. The entire parking and display area be overlayed with a bituminous
surface and striped.
2. No display of vehicles be allowed on landscaped areas.
3. The trash receptacle on the site be screened with materials compatible
with the front side of the building.
4. Disturbed areas not devoted for building, parking, or drive be
landscaped with at least sod to minimize erosion.
5.
No repair of vehicles be allowed except minor work on vehicles owned
by the business.
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6.
The entrance from Highway 10 be widened to 24 feet in width to
accommodate two way traffic and a permit from MnDOT be obtained,
if necessary, for work conducted in highway right-of-way.
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7. A drainage plan and a new overall site plan be approved by staff prior
to the start of the site improvements.
8. Recreational vehicles must be parked along the east property line near
the building.
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ITEM 10
MEMORANDUM
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FROM:
TO: PLANNING COMMISSION
GARY SCHMITZ, PLANNING 0"..........-1....
ASSISTANT a
DATE:
MARCH 22, 1994
SUBJECT: CONDITIONAL USE PERMIT
REQUEST BY JAMES THOMPSON,
PUBLIC HEARING, CASE NO CU 94-04
REQUESTED ACTION
Mr. Thompson is requesting a conditional use permit to operate a sales lot
and consignment sales for used automobiles, recreational vehicles, and boats.
LOCATION
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9945 Highway 10. Part of the SW 1/4 of the SE 1/4 of Section 13, Township
32, Range 26, Sherburne County, Minnesota. The site contains
approximately three acres.
ZONINGILAND USE
C-3/Highway Commercial, HB/Highway Business
ATTACHMENTS
Location Map, Zoning Map, Site Plan, Survey of Parcel, Property Owners
List
BACKGROUND
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The applicant is proposing to occupy the building formerly owned. by G- Tee
Tractor Sales. The applicant's business will consist of selling used
automobiles, recreational vehicles, and boats. The applicant also plans on
selling these same items on a consignment basis. No repairable vehicles will
be sold on this site. Another major portion of the business will consist of
selling and delivering catalytic converters and other exhaust system parts
from the building. No auto repair, except minor repair on the applicant's own
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 . Fax: (612) 441-7425
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James Thompson, CUP
1\1arch 22, 1994
Page 2
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vehicles, will take place on this parceL The following comments will outline
,.the particulars of this request.
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PARKING AND VEHICLE DISPLAY
The proposed business will be required to have a minimum of seven parking
spaces. This would include parking for the retail use as well as the auto sales
use. The parking drive and display area is required to ~e hard surfaced and
striped. The existing use has a hard surfaced drive and 40 x 50 blacktop pad
near the entrance of the building. The applicant is proposing a hard surfaced
vehicle display area on the west side of the parcel. Please note the attached
site plan which shows the extent of the hard surfaced area. The existing
entry to the site is currently 12 feet in width. If the conditional use permit is
approved, staff would recommend that the entrance is increased to 24 feet to
accommodate two way traffic.
LANDSCAPING
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The landscape ordinance requires one tree to be planted for every 40 linear
feet of lot perimeter. The three acre site has several existing trees of various
sizes and species located throughout the parcel. Most are located toward the
rear of the lot. The number of existing trees would meet the requirements of
the landscape ordinance, however, the City should still require that trees be
planted along the east and west property lines. The applicant has submitted
a landscape plan which shows 10 maple trees being planted along each side
yard to act as a buffer to neighboring properties. He also proposes to plant
some shrubs with associated rock gardens along the Highway 10 entrance
area.
BUILDING
The existing building is 22' x 50'. The building is not proposed to be
expanded, however, the applicant has done some indoor remodeling. The
building will be required to provide bathrooms which will necessitate the
, addition of a well and septic system to this site. Although the well and septic
system requirement is a building code issue, staff would like to stress the
importance of this issue and note to the applicant that a reasonable deadline
will be required for the installation of the septic and well system.
As you can note on the attached site plan, the existing building encroaches on
the side yard setback to the east property line. A permit can be issued to
remodel the inside of the building, but any addition to this building cannot be
e added unless a variance is obtained or the building is moved.
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James Thompson, GUP
l\larch 22, 1994
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Page 3
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DRAINAGE
The applicant has submitted a drawing showing where the run-off is being
directed off the hard surfaced area. The drainage plan, however, does not
show how the water will be handled once it is directed off the hard surfaced
area. The applicant has ample room in the back of the lot to provide a small
sedimentation pond to handle the run-off on site. If this proposal is
approved, staff recommends the applicant submit a drainage plan which
shows how the drainage will be addressed on site. .
SCREENING
The trash receptacle will be located on the east side of the building. The
applicant will be required to screen the dumpster with materials which are
compatible with the existing building.
RECOMMENDATION
Staff recommends approval of the conditional use permit for James
Thompson to operate a sales lot and consignment sales for used automobiles,
recreational vehicles, and boats with the following conditions:
1.
THE ENTIRE PARKING AND DISPLAY AREA BE OVERLAYED
W1THABITUMINOUS SURFACE AND STRIPED.
2. NO DISPLAY OF VEHICLES BE ALLOWED ON LA1\T])SCAPED
AREAS.
3. THE TRASH RECEPTACLE ON THE SITE BE SCREENED vVITH
rvLA.TERIALS COMPATIBLE WITH THE FRONT SIDE OF THE
BUILDING.
4. DISTURBED AREAS NOT DEVOTED FOR BUILDING, PARKING,
OR DRIVE BE LANDSCAPED WITH AT LEAST SOD TO MINIMIZE
EROSION.
. .
5. NO REPAIR OF VEHICLES BE ALLOWED EXCEPT MINOR V\TORK
ON VEHICLES OWNED BY THE BUSINESS.
6. THE ENTRANCE FROM HIGHV\T A Y 10 BE WIDENED TO 24 FEET
IN ViTIDTH TO ACCOMMODATE TV\TO WAY TRAFFIC AND A
PERMIT FROM l\1NDOT BE OBTAINED, IF NECESSARY, FOR
\x/ORK CONDUCTED IN HIGHWAY RIGHT-OF-V\TAY.
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J ames Thompson, CUP
:March 22,1994
7.
A DRAINAGE PL.A..N APPROVED BY STAFF BE SUBl\lITTED
PRIOR TO THE CITY COUNCIL MEETING.
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All that part of the West Half of the Southeast Quarter of Section 13, Township 32, Range 26, Sherburne County,
Minnesota, described as commencing at a point where the lIorth and South Quarter line of said Section 13 Intersects
the lIortheasterly line of the right-of-way of U. S. Highway 110. 10; thence Southeasterly along said Northeasterly
line of the right-of-way a distance of 10g.00 feet to a point to be here~fter known as point "e" for the purpose
. this description; thence angle left 90 a distance of &OB.7 feet to a point to be hereafter known as point "0"
r the purpose of this description; thence angle left 90 for a distance of 279.70 feet, more or less, to intersect
ld North and South Quarter line of Section 13, said point of intersection to be the actual point of beginning of
the land to be described; thence return Southeasterly along the last described course to said Point "0"; thence
angle right gOO to said point "C"; thence Southeasterly along said lIorth5asterly line of the right-of-way of
U. S. Ilighway No. 10 for a distance of 200.70 feet; thence angle left 90 for a distance of 400.7 feet; thence
an9le left 900 to Intersect said North and South Quarter line of Section 13; thence South along said North and
South Quarter line to the point of beginning. Containing 3.611 acres, more or less.
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P.O. Box 490 · 13065 Orono Parkway · EL\: River, MN 55330 . (612) ~.~ l-i~20
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ITEM 12
MEMORANDUM
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TO:
PLANNING COMMISSION
GARY SCHMITZ, PLANNING ASSIST. Ge~
MARCH 22,1994
FROM:
DATE:
SUBJECT: CONDITIONAL USE PERMIT
REQUEST BY JOSEPH BUSILLO,
PUBLIC HEARING, CASE NO. CU 94-05
REQUEST
Joseph Busillo is requesting a conditional use permit to sell exotic birds from
his home.
LOCATION
19550 Lowell Street, Lot 18, Block 7, Brentwood Addition, Elk River, MN
e ATTACHl\iENTS
Location Map, Zoning Map, Site Plan, Property Owner List
BACKGROUND
Mr. Busillo is applying for a conditional use permit to sell exotic birds from
his home. He has indicated that he will be the only employee of the business
and plans on selling the birds as additional income and a hobby. The nature
of the business will consist of breeding exotic birds, such as parrots, and
selling the baby birds. Elk River City Code requires this type of home
occupation receive a conditional use permit due to the on site sales potential.
PROPOSED BUSINESS
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Mr. Busillo currently has sixteen (16) pairs of breeder birds of various
species. The business will be kept low-key with viewing for customers by
appointment only. Mr. Busillo anticipates that four to six customers per
week will be average with no more than two customers allowed on any
particular day. The address of the business will not appear on any
advertisement, therefore, appointments will be required.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 to (612) 441-7420 · Fax: (612) 441-7425
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Joseph Busillo, CUP
1\1arch 22, 1994
Page 2
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HOURS OF OPERATION
.
The majority of the viewings for customers will be between 6 p.m. and 9 p.m.
on weekdays and various hours on weekends. Again, only two showings per
day will be allowed.
SIGNAGE
Mr. Busillo has indicated that he does not want any signage for his business.
City Code allows a two square foot sign to be mounted flat on the wall of the
dwelling for permitted home occupations. Staff is recommending this amount
of signage be allowed for this use.
.
TRAFFIC/PARKING
The proposed business will have only one employee, Mr. Busillo. Mr. Busillo
can keep his vehicles in the attached two car garage. It is anticipated that no
more than two customer vehicles will be at this site at anyone time,
therefore, there should be ample room for customers in front of the garage.
The applicant should maintain enough room in the driveway for customer
vehicles during operating hours. Staff does not anticipate any traffic
problems due to the business.
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RECOMMENDATION
Staff is recommending approval of the conditional use permit by Joseph
Busillo to sell birds from his home with the following conditions:
1. THE HOURS OF OPERATION BE AS PER CITY CODE.
2. MR. BUSILLO MAINTAIN ENOUGH ROOM: IN THE DRIVEWAY
FOR CUSTOMER VEHICLES DURING OPERATING HOURS.
3. SIGNAGE BE LIMITED TO T\VO SQUARE FEET MOUNTED FLAT
ON THE WALL OF THE DWELLING.
4. THIS USE IS SUBJECT TO AN ANNUAL REVIEW BY STAFF TO
ENSURE THAT THE INTEGRITY OF THE RESIDENTIAL
NEIGHBORHOOD IS l\1AINTAI1\TED.
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9~ Denotes existing elevalion.
18, Block 7, BRENTWOOD, Sherburne County, Minnesota
2reby certify that this survey was prepared by me or under my direct supervision, is correct to '
<nowledge and belief, was executed in accordance with the current Recommended Procedures For The j
~veying adopted by the Minnesnta Land Surveyors Association, and that I am a duly licensed La,
~ ~ laws of the State of Minnesota. This certificate shows the location of a proposed building
JS, on said land, and the location of all visible encroachments, if any, from or on said land. N(
lssumed except to the client for whom this survey was prepared, his heirs, and assigns, and said 1:
lmed on1y.for the actual cost of this survey. ' .
OLIVER & ASSOCIATES, INC.
PRI"'9ERTY OWNERS L"";T
Lots within 350" of 19550 Lowell S1. NW
Block 7, Lot 12 75-503-0724 Kenneth & Heidi Harrell
11915 196th Circle NW
Block 7, Lot 13 75-503-0726 John L. & Lee S. Grimmer
11935 196th Circle NW
;Biock 7, Lot 14 15 503..()728 Brian & Ingeborg Moran
V 11957 196th Circle NW
Block 7, Lot 15 75-503-0730 Richard M. & Haney Huss
11954 196th Circle NW
Block 7, Lot 16 75-503-0732 R. Allan & Patricia Fischer
11946 196th Circle NW
Block 7, Lot 17 75-503-0734 Jeffery & Theresa Russell
11930 196th Circle NW
Block 7, Lot 18 75-503-0736 - Joseph A. Busillo
19550 Lowell S1. NW
Block 7, Lot 19 75-503-0738 George & Jeanne KIaers
19528 Lowell St NW
Block 7, Lot 20 75-503-0740 Jeffrey & Luanne Peltier
11965 195th Circle NW
Block 7, Lot 21 75-503-0742 Gerald 1. & Rita Sauk
11979 195th Circle NW
Block 7, Lot 22 75-503-0744 Craig R. & Valerie Barnes
11982 195th Circle NW
Block 7, Lot 23 75-503-0746 John C. & Joann Annen
11966 195th Circle NW
Block 7, Lot 24 75-503-0748 Ezati, Iraj & Rosalie
19498 Lowell St. NW
Block 8, Lot 3 75-503-0830 Elk River Assembly of God
Block 8, Lot 4 75-503-0840 11800 196th Ave. NW
Block 9, Lets 2 ~ LD~:' .3 15, 7 75-503-0920
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