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5.4. SR 03-05-2007 5.4. MEMORANDUM TO: Mayor and City Council FROM: Scott Clark, Community Development Directo4-- DATE: February 23, 2007 SUBJECT: Dean Bitner Conditional Use Permit Status On February 20, 2007, Jeny Kunza, resident at 10313 Twin Lakes Road NW, presented to the City Council, at Open Mike, concerns regarding a conditional use permit for a home occupation located at 10337 Twin Lakes Road, granted to Mr. Dean Bitner on October 16, 2004. Attached with this status report is Mr. Kunza's comments to the City Council. The purpose of this memorandum is to give a status report to the City Council regarding this issue. It should be noted that all information is derived from file information. 1. Mr. Dean Bitner, resident at 10337 Twin Lakes Road, requested a conditional use permit, Case No. CD 04-24, in 2004. City ordinance states that an individual occupying or requesting a home occupation which involves outdoor storage or use of a vehicle over 26,000 pounds must receive permission by the City Council through the conditional use permit process (Sec. 30-801(d)). Attached with this memorandum is the Planning Commission staff report dated September 28, 2004, the minutes from the September 28, 2004 Planning Commission meeting, staff report to the City Council dated October 18, 2004 and the City Council minutes from the October 18, 2004 meeting, and all other pertinent attachments cited in Mr. Harlicker's reports. 2. Both the City staff and Planning Commission recommended approval for the conditional use permit. (At the Planning Commission meeting, it was suggested that at the time of the review by the City Council, that the applicant supply a list of business equipment and! or supplies to be located on the subject property.) As part of the approval by the City Council on October 18, 2004, a list (attached and shown as Exhibit A to this report) dated October 13, 2004, was supplied. This includes a wide array of construction equipment including trailers, track hoes, backhoes, Bobcats, skid loaders, dump trucks, a semi-trailer used for storage, forklift, and a bulldozer. The intent of the conditional use permit conditions were that Mr. Bitner would need to screen the activity S:\PLANI\ITNG\Case Files\2004\CU 04-24 Bitner\02 23 07 cc memo.doc by means of tree plantings in the front of the property and a storage area that would be located behind an existing building. 3. In late summer of 2006, the City staff was contacted by a Councilmember regarding a complaint on the subject property. In response to this, staff sent a letter to Mr. Bimer dated September 6, 2006 (attached) requesting a meeting. 4. Mr. Bimer contacted staff and on October 19, 2006 a meeting was held on site to review the conditions that were outlined in the conditional use permit. The key item absent on the site were trees that was specified as follows: "The outdoor storage be located behind the existing storage building, and six evergreen trees with a minimum height of 6 - 8 feet be planted for screening." It was explained to staff that they were in the process of having ordered their evergreen trees, and as shown on the photographs dated November 13m, the trees were installed and are in excess of what was required (the applicant planted between 12 - 15 evergreen tress with a height of 10 - 12 feet). Based on the trees being planted, it appeared that the spirit and intent of the conditional use permit was met and that the type of equipment being stored on the property is the same as in the Exhibit A conditional use permit list that was presented to the City Council on October 18, 2004. Subsequent to this, staff has had a number of discussions with the Kunzas', the resident neighbor, and discussed that from an administrative standpoint, there is no additional action the City could take. In the Kunza's Febmaty 19, 2007 letter to the Council, there were a number of concerns that were expressed. Staff's comments regarding these concerns are as follows: a. The large berm that is located on the property - City Ordinances do not prohibit a property owner from constructing a large berm on their property, unless it violates a development plan or causes some other type of drainage issue for surrounding properties. No development plan exists for this property nor are there any drainage issues associated with the same; therefore, this is not an issues violation with the conditional use permit nor of any existing City ordinances. b. Common access" One of the major concerns for this property is the potential damage caused by a common access road shared between Bimer's and the Kunza's. The conditional use permit does not address the shared driveway and this, and any issues associated with the driveway, appears to be a private matter and does not come under City review. c. The issue of stockpiling dirt on this property - Staff is of the opinion that there are times when dirt is brought in and out of this property which becomes problematic as an enforcement issue. The allowance of the equipment as specified in the conditional use permit triggers day to day activities, and in turn, problems such as stockpiling dirt or other materials may occur from time to time, but is difficult to enforce from a staff resource perspective. Staff views that if there is any violation of the conditional use permit, the stockpiling of the dirt is a violation and should be discontinued. S:\PLANNING\Case Files\2004\CU04-24 Bitner\02 23 07 cc memo.doc Recommendation Staff recommends that the stockpiling of dirt or other materials be disallowed as a use on this property. The other activities and storage of equipment on the property matches with the conditions of the conditional use pennit. S:\PLANNING\Case Files\2004\CU 04-24 Bitner\02 23 07 cc memo,doc I am here this evening to speak on concerns regarding the Conditional use Pennit for Home Occupation, granted to Mr. Dean Bittner---- Case No. CU04-24 Issued on Oct. 16th 2004. These concerns are dealing with the conditions ORDERED by the CITY COUNCn., for the owner to comply to allow the granting of the permit. 1. The outdoor storage be located behind the existing storage building and 6 Evergreen trees with a minimum height of 6-8 feet be planted for screening. a) His storage area for equipment is not in the back it is off to the side (south) of the building. This is also the area where the owner has con- structed a benn approximately the length of a football field and 20 ft high. The construction of this benn took endless trips byenddumps to provide the material. Where and When was the owner given pennission to bulldoze this material into a benn? 2. The applicant shall provide a list of oversize vehicles!heavy equipment currently used for the operation of his business, and that an increase in this number will require a review of the Conditional Use Pennit. a) I want to refer back to statements made by the owner at the first meeting held on Sept. 28th, 2004 1) Dump truck seldom used. It is now in use several times a day also pulling a trailer with equipment on it and the truck is usually full of fill. 2) He drives 3/4 ton pickup with trailer. There is now another pickup with a trailer loaded with equipment making several trips also. 3) Owner stated the he is not storing pea gravel on site. He has stated in the Analysis section on the Memorandum sent to Scott Harlicker, that his outdoor storage is used for gravel used in the installation of his septic systems. He is also stock pilling dirt, hauled frequently by his dump truck. This dirt is dumped behind the existing storage shed in an area visible from Twin Lakes Rd. He has been hauling this dirt out, at times making 8.10 trips a day. 4) No materials shall be stored outside. We would like terms product and materials more clearly defined. We feel that with the product or materials being stored on site has greatly increased the number of vehicles and trips made up and down the driveway. Also in Exhibit A, items 1 & 3 deal with outside storage and Item 4 states No Materials shall be stored outside. This is very confusing. Twin Lakes Elementary is about 1/4 mile east of our driveway and the traffic has increased dramatically already and the school isn't even open yet With all of these trucks and trailers from Mr. Bittner's business the possibility of an accident happening will IUcrease. We have a shared paved driveway which we own and he has an easement to use. The easement was agreed upon when he was purchasing the residential property. With his equipment fleet increasing and running a commercial business on this driveway isn't t what I had in mind for the easement. We brought our concerns to the Planning Commision in 2004 and then they notified him of being Non Compliant He applied for the Conditional Use Permit, which was granted and everything has been going his way since.We have had very poor communication with the Planning Department since then, and weren't informed about several items in this process. Phone calls went unanswered. If he was a conscientious neighbor none of this would have went this far. He does what he wants to do. The point that I am trying to make is the person making the complaint in this case felt very frustrated. He came to a residential area and is running a commercial business, that's growing. With this going on next door, I don't think it's helped our property value, and hope that the the only solution is not to move. I expect a reply in a timely manner of our concerns brought to you regarding the areas ofnon-conpliance by Mr. Bittner. 13065 Orono Parkway Elk River, MN 55330 September 6, 2006 Dean Bitner 10337 Twin Lakes Road Elk River, MN 55330 Dear Mr. Bitner: This letter is being sent regarding your conditional use permit which was granted by the City on October 18, 2004. The conditions of the same are shown on the attachment which is Document #572757 recorded at Sherburne County. It is my understanding that a previous employee with the City, Mr. Scott Harlicker, had been working with you to determine compliance of your application. I would appreciate the opportunity to visit with you on site in order to assure ourselves that the conditions of this permit are being met. Please call me at 763/635-1031 to set up a meeting so that we can review your compliance with this item. Thank you for time in this matter. Sincerely, 5~~ JL Scott Clark Community Development Director cc: Lori Johnson, City Administrator Stephanie Klinzing, Mayor Phone: 763.635.1000 Fax: 763635.1090 S:\PLANNING\Case Files\20D4\CU 04-24 Bitner\09 06 061tr Bime:r.doc Vi1W\v.cLelk-river.mn.us Office of the County Recorder Sherburne County_, MN Doc. No. 572757 Certified filed and/or recorded on 12-16-2004 at 08:00 Michelle A~he, County Recorder ~eputy Fee: $ 19.50 STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER CITY COUNCIL t, CONDITIONAL USE PROCEEDINGS CITY OF ELK RIVER In the matter of: Dean Mark Bitner Request: Conditional Use Permit for Home O=pation Case No. CU 04-24 ORDER GRANTING CONDITIONAL USE Dean Mark Bitner, Owner The above-entitled matter came to be heard before the City Council on the 18th day of October, 2004, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: See Attached Exhibit A IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: 1. THE OUTDOOR STORAGE BE LOCATED BEHIND THE EXISTING STORAGE BUILDING AND 6 EVERGREEN TREES WITH A MINIMUM HEIGHT OF 6-8 FEET BE PLANTED FOR SCREENING. 2. THE APPUCANT SHALL PROVIDE A UST OF OVERSIZED VEHICLES/ HEAVY EQUIPMENT CURRENTLY USED FOR THE OPERATION OF HIS BUSINESS, AND THAT AN INCREASE IN THIS NUMBER WILL REQUIRE A REVIEW OF THE CONDffiONAL USE PERMIT. 3. THE SITE PLAN SHALL BE REVISED TO SHOW THE LOCATION OF THE OUTDOOR STORAGE AREA. 4. NO MATERIALS SHALL BE STORED OUTSIDE. DATED this 18th day of October, 2004. STATE OF MINNESOTA ) ) COUNIT OF SHERBURNE) ss. OFFICE OF CITY PLANNING AND ZONING ELK RIVER CITY OF ELK RIVER I, Michele McPherson, Director of Planning for the City of Elk River with and in for said City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with the original record thereof preserved in my office, and have found the same to be a true transcript of the whole thereof. If the proposed work described in a conditional use permit has n6t -been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommenrbtions of the Planning Commission, extend the permit for an' additional period determined by the council on the receipt of a request for a p=it extension prior to its expiration. A Conditional Use p=it authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River, Minnesota, in the County of Sherburne, in the City of Elk River, on the CfIh day of Y-2H~ ,2004.. DRAFTED BY: City of Elk River Elk River, Minnesota 55330 Signed before me a NOTARY PUBLIC this~dayof ~.u.:/,2004. /Jift0tA ~. tiakz0 e DEBORAH KAY HUEBNER NOTARY PUBUC. MINNESOTA . .' My Commission Expi... Jan. 31. 2005 .' s,\PLANNING\Case Files\2004\aJ 1)4.24 Brtn.,-\Recordm~ doc.doc Exhibit A That part of the Southwest Quarter of the Northwest Quarter (SW 14 ofNW 14) of Section 25, Township 33, Range 26, described as follows: Co=encing at a point 566 feet East and 580.8 feet North of the Southwest comer thereof; thence East and parallel to the South line thereof a distance of 300 feet; thence South at right angles a distance of 145.2 feet; thence East and parallel to said South line a distance of 208 feet; thence North at right angles a distance of 545 feet; thence West and parallel to said South line a distance of 698 feet; thence South at right angles 275 feet; thence East and parallel to said South line to a point 566 feet East of the West line of the said Southwest Quarter of the Northwest Quarter (SW 1;4 of NW 14); thence South at right angles to the point of beginning. Sherburne County, Minnesota. . s,\PLANNlNG\Case Files\2004\CU 04-24 Bitnec\Recon:ling do~doc 10/13/2004 09:16 ~~ i635532095 MPLS CUSTOMER SERVICE I4J 002/002 D & .A feIprIIl!S 10337 Twill. -- _or ._11 Elk RA-er." 55330 PIIa.e: (783) '24f r."F · ,Cell: (763) .-5 3f48 DJ'4~...J At ~ '~ )6/tt;jP q jJ ~ RE: CONDITIONAL USE PERMIT DEAN BITNER'" dba D & M ENTERPRISES 103371WIN LAKES ROAD ELK RIVER, MN55330 EXHIBIT A LIST OF BUSINESS EQUIPMENT I SUPPLIES LOCATED ON ABOVE PROPERTY .. 2..-+rc,il~rJ . 2 - Track Hoes · 2 - Back Hoes . 2 - Bobcats I skid loaders . 1 - % ton pickup used for business & personal use · 1 - % ton dump truck · 1 - triaxle dump truck · 1 - semi trailer used for storage . Miscellaneous attachments for skid loaders - used for business & personal use . 1 - Forklift . 1 - Dozer . Miscellaneous pipe & fittings Site barrier of pine trees will be planted next spring for visual aesthetics in obscuring view of business equipment/supplies from neighbors, Dean Bitner Owner I Operator Planning Conunission Minutes September 28, 2004 Page 5 3. ANY ITEM OR CONDmON FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. 4. CROSS PARKING AND ACCESS EASEMENTS SHALL BE RECORDED AGAINST BOTH PARCELS. (GUARDIAN ANGELS AND FAIRVIEW CLINIC). MOTION CARRIED 5-0. 5.3. Request Qy Dean Bitner for Conditional Use Permit for Home Occupation. Public Hearing - Case No. ill 04-24 Senior Planner Scott Harlicker explained that Mr. Bimer is requesting a conditional use permit to operate a septic system installation business as a home occupation at 10337 Twin Lakes Road. He explained that a conditional use pennit is required because of outdoor storage and use of a vehicle over 26,000 pounds. Mr. Harlicker reviewed the site, location of adjacent residences, and location of the existing 30' x 50' storage building. He reviewed the scope of the business, equipment used, and materials stored on site. Staff recommends approval of the request with the one condition listed in the report to the Commission dated September 28, 2004. Commissioner Offerman asked what prompted the request. Mr. Harlicker stated that the City received a complaint regarding operation of the business. Discussion followed regarding the number and type of vehicles, and number of employees. Mr. Harlicker stated he would check the ordinance for clarification of the number of employees allowed if wotk was conducted off site. d1air Ropp opened the public he~g. Linda Kunza, 10313 Twin lakes Road - Her concerns related to the type of business Mr. Bimer was operating and the equipment and materials used. She stated that she and her husband are responsible for maintaining the shared driveway and that they recently had it paved. She stated that the driveway is small and was concerned that the heavy vehicles would damage it. Ms. Kunza stated that Mr. Bimer has three backhoes and a dump truck, and that pipe is delivered to the site. Dean Bitner, applicant - Stated that he may possibly have one employee other than himself. He stated that the dump truck is seldom used and that he drives a % ton pickup truck with trailer. He stated that he generally only makes two trips a day to and from the site; usually leaving between 6 - 7 a.m. and the latest he comes home is between 9 and 10 p.m. He stated that the garbage truck weighs more than the dump truck and comes once a week, which is less than he uses the dump truck. He stated that he has lived there for four years. Mr. Bimer explained that he does have some outdoor storage and that he was willing to screen or fence it. . Commissioner Stevens asked how the pipe is delivered. Mr. Bimer stated that he usually has a delivery once every two weeks and that it is usually delivered by a single axel truck. Planning Commission Minutes September 28, 2004 Page 6 Commissioner Offerman asked if pea gravel is stored on site. Mr. Bitner stated no. He stated that he does have some dirt in a pile but that he has an area he can use it to fill, if needed There being no further public comment, Chair Ropp closed the public hearing. Commissioner Anderson stated that given the size of the operation, he did not feel there were a significant number of issues. He stated that if the business were to grow and more equipment was acquired, they may need to look at it further. As it stands, he had no objections. Chair Ropp asked if it would be possible to limit the number of employees. Ms. McPherson stated that the Commission has applied that condition in the past. Also, acquisition of more equipment could be used to trigger reconsideration of the conditional use permit. Mr. Harlicker stated that the ordinance stated that there were no restrictions on the number of employees, if the work was done off site. Commissioner Offerman suggested that the number of employees be limited on site, and the number of oversize vehicles be limited. Chair Ropp stated that he would favor limiting the number of vehicles. Commissioner Lemke asked if the hours of a business were limited in a previous request for a semi tractor/trailer. Ms. McPherson stated that the hours were not limited, but that the route of the truck to the home was restricted to reduce the impact on neighbors. Commissioner Offerman asked if the semi trailer on site was licensed. Mr. Bitner stated no, and that he only intends to use it for storage. Mr. Bitner stated that he does share in the maintenance of the road by plowing it in the winter. He stated that the Kunaz's had a good base installed before paving the driveway and that it should be able to withstand truck traffic. He again noted that he uses a ~ ton pickup truck and trailer for his daily work and does not use the dump truck very often. Commissioner Offerman suggested that the number of heavy vehicles be limited to two. Commissioner Anderson stated that he was concerned about the additional heavy vehicle traffic entering onto County Road 13, if the business grew. Ms. McPherson suggested that the applicant submit a list the vehicles he has currently, and if he wishes to add more large vehicles, the CUP would need to be reviewed. MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY DEAN BITNER FOR A CONDITIONAL USE PERMIT TO ALLOW A HOME OCCUPATION, CASE NO. CU 04-24, WITH THE FOLLOWING CONDITIONS: 1. THE OUTDOOR STORAGE BE LOCATED BEHIND THE EXISTING STORAGE BUILDING AND 6 EVERGREEN TREES WITH A MINIMUM HEIGHT OF 6-8 FEET BE PLANTED FOR SCREENING. 2. THE APPUCANT SHALL PROVIDE A UST OF OVERSIZE VEHICLES/HEAVY EQUIPMENT CURRENTLY USED FOR Planning Commission Minutes September 28, 2004 Page 7 OPERATION OF HIS BUSINESS, AND THAT AN INCREASE IN THIS NUMBER WILL REQUIRE REVIEW OF THE CONDITIONAL USE PERMIT. MOTION CARRIED 4-1. Commissioner Stevens opposed. 5.4. Request I:1y Riverside Proj)erties of Elk River. LLC for Land Use Map Amendment to ~ Land Use from CB (Central Business) to MR (Medium Densitv Residential). Case No. LU 04-03 5.5. Request I:1y Riverside Properties of Elk River. ILC for Rezoning from C2 (Office District) to R3 (TownhouselMulti-Family). Case No. ZC 04-07 5.6. Request I:1y Riverside Properties of Elk River. ILC for p",l;m;nary Plat Approval (Jackson Street Villas). Public Hearing. Case No. P 04-19 Mr. Harlicker provided a brief overview of the request by Riverside Properties for a land use, rezoning, and preliminary plat for a 76-unit townhouse development (Jackson Street Villas). He stated that the application is being revised, but that the applicant has asked that the Commissioner consider the plans as a discussion item. A public hearing will be held at the October 26th meeting. Mark Olson, Mark Five Construction, general contractor for the project - Stated that the units will sell for just under $190,000. He stated they are proposing five 6-unit buildings, two 5-unit buildings, and nine 4-unit buildings. He stated that the largest units will be approximately 1,600 square feet. He stated that they will be requesting a PUD for the project. Mr. Olson noted that they propose to plant 80 - 100 trees of different types on the Lions Park side of the project. Commissioner Anderson asked where the private road to the north will go. Mr. Harlicker stated that the property to the north is owned by Alliance Church and they propose to build a new school on that site. He explained that this development will share the drive with the school in the future. Commissioner Anderson asked if there will be a homeowners association to take care of the maintenance and snowplowing of the private streets. Mr. Olson stated yes. Commissioner Stevens stated that he would support the PUD zoning and that he felt this was an appropriate site for the density being proposed. Commissioner Offerman concurred Commissioner Anderson asked if architectural drawings were available. Mr. Olson distributed a drawing to the Commission. He noted that drawings will be provided to the Commission at the October meeting. Commissioner Anderson asked if the driveways for this development and the school would be lined up. Ms. McPherson stated it could be possible for a portion of the street to be made public, and that it would be designed to handle the traffic generated by the 76 townhome units, and buses and deliveries for the school. Mr. Olson stated that he would speak with the pastor at Alliance regarding the shared drive. Counci1member Motin stated that he has been opposed to more townhomes in the Gty, but that he feels this is an appropriate site for them in close proximity to shopping and services. He stated that the townhomes should be built to at least the equivalent of the R3 townhome design standards. FILE COpy Item # 5.3. MEMORANDUM TO: Planning Commission FROM: Scott Harlicker, Senior Planne~ DATE: September 28, 2004 SUBJECT: Case No. CU 04-24 Request by Dean Bitner for Conditional Use Permit Request Consider a request by Dean Bitner for a conditional use permit to operate a contractor business as a home occupation. Location 10337 Twin Lakes Road 60 Day Rule In orderto complywith:Minnesota Statute 15.99 (60 - Day Requirement), action must be taken on this request by October 30, 2004 Zoning/Land Use RIa (Single Family Residential) I LR (Low Density Residential) Attachments . Location Map . Site Plan . Letter from applicant Memo to Planriirig~sion/CU 04-24 S;ptcmber 2.~:c29,04 , Page 2 Overview The applicant is requesting a conditional use permit to operate a contracting business as a home occupation. A conditional use permit is required because outdoor storage is involved and he will be utilizing a truck that is larger than 26,000 pounds. The property is 6 \6 acres in size and is located at the end of a private driveway that serves two other residences. The land surrounding the applicant's property is undeveloped farmland, woods and swamp. There is a house and a 30' x 50' pole building on the property. The nearest residence is about 400 feet away from the existing storage building. Analysis The outdoor storage includes the dump truck and materials. The material stored outside is gravel used in his septic system installation business. In order to mitigate the visual impact of the outdoor storage on the adjacent residences, the applicant should consider expanding the existing indoor storage or placing the outdoor storage are behind the exiting building and providing screening. The residences most affected by this request are the two that share the driveway. By locating the outdoor storage behind the exiting buildings and planting evergreens, the outdoor storage could be effectively screened from adjacent homes. Recommendation Staff recommends that the Planning Commission recommend approval of the conditional use permit to allow the applicant to operate a contractor business with the following conditions: 1. THE OUTDOOR STORAGE BE LOCATED BEHIND THE EXISTING STORAGE BUILDING AND 6 EVERGREEN TREES WITH A MINIMUM HEIGHT OF 6-8 FEET BE PLANTED FOR SCREENING. S:\PI..ANNll\fG\Case Files\2004\CU 04-24 Bitner\CU04-24PC9-28.doc II TV TRAilS LEGEND " " EXISl1NG SIDEWALK _ . . . . . . _ FUTURE SIDEWALK 000000000000000000 EXISl1NG PAVED TRAil _ _ _ _ _ FUTURE PAVED TRAIL 'Je}OO(,000UU(,(.C.C.0 FUTURE TRAIL ~~~.~.~....'".... FUTURE WIDENED SHOULDER II . I w >- <: > 6' "- SITE TWIN lAKES ROAD ~. 1Q<;~n A vtNUE ~ Ii 11 I II >- w w "' >- en I en ;;;1 o II Location Map ~ N Case Number: CU 04-24 DEAN BITNER 1::J~/jt:1l:'::I::JIj'l l.:':::";:4 it..,:i:r:,":;"::~I:I:;:) l"Ir-L:=' ~'-'='I .:I........... r-Al::lt';.- 1;Jl./I::H . August 30, 2004 City of Elk River Planning Department - Land Use Application 13065 Orono Parkway Elk River, MN 55330 RE: CONDITIONAL USE PERMIT o & M ENTERPRISES 10337 TWIN LAKES RD ELK RIVER, MN 55330 To whom It May Concem: Please grant a Conditional Use Permit for the above business at the above address. The business entails operation of a septic & mound installation, snawpJowing & removal business \ARth equipment appropriate to both located at the above sile. A straight dump truck wfth a GV\N of 51,000 Ibs. is also stored at this location for use in hauling equipment from this location to job sites. The location consisls of 6 'l1: acres including a personal dwetling as well as a 30 x 50' pole bam for housing equipment. Equipment is also located behind the pole bam, out of view of the neighboring homes. No other dwellings are located behind the property. Land use behind the property consists of WOodland and fanmlancl. The Conditional Use Permit would allow a continuation of storage for product and equipment necessary to continue the operation of my business. Attached please find the Land Use Application as well as site drawings and Yz section map for the above-mentioned location as well as an aerial photo of the surrounding area along with the names and addresses of adjoining land owners (of which there are six) within 350 feet of the property lines involved_ I understand that this request will go in front of the Planning Commission on September 28'" and City Council on October 18121. Should the City IBquire further information prior 10 these meeting please notify me so that I can provide any additional information required. Sincerely, Dean Bittner . D & M Enterprises Attachments ~ ()) \Jl i\i -/. ,- a h a f\) u)" (I) C\1 \0 -, Q) :r:: a ()) J,. r~ ;<: trl Ul ClJ -.., - r"'" I/"'ll"1 C"'.) 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I " E I ~ g < & ~I s ~I 0 I I I I~ . 1 ; : I I! ~ I I I ~ I I I I J ~I ~ I \ 1\ I" I~ I ~ " I~ n s u , \~' ., r ~ ~ 347.11' 4J2.82 N DO"2O'09" [ 211.80' r ~ ~ .394.H ~ ~ -'- ~ t: " DOJ.11 , -'85.30 ~ r ~ t: ~ o Ja.5.2-4 385.20' ~ r ~ ~ " s ~ o ~ 8 . .-2 ~' ~/ J :i , . , H!!o,20 r y. ~ ~"J .---..~ r ;:; ~ ~ P II t. t ~o r , I --o,&..lg' ~ 8 n' . lJOe.20' I.', :i... ~ ~ ~ , ~ .. u o , ~ ~ ~ r ~ ~ ......-" e:'2.117 '.\~ I I 1 I I I I (J) 1- I~ ---'- ~ 1 N I z . I ~ I ---'- ~ 1 --t->- I (J) 1 f'l n f'-.) (Jl ~ --l ~ (pj (pj Z . ~ 8 r & ~ 8 '," r :::;0 N m ~ 8 8 ~ City Council Minutes October 18, 2004 Page 8 STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. 4. CROSS PARKING AND ACCESS EASEMENTS SHALL BE RECORDED AGAINST BOTH PARCELS (GUARDIAN ANGELS AND FAIRVIEW CLINIC). MOTION CARRIED 5-0. 5.6. Request by Dean Bitner for Conditional Use Permit for Home Occupation. Public Hearin\;-Case No. CU 04-24 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting a Conditional Use Permit (CUP) to operate a contractor business as a home occupation. Specifically, the use of a vehicle in excess of 26,000 pounds. He discussed the outdoor storage locations and screening requirements from the neighbors. Mr. Harlicker stated that he would like to add two more conditions to the CUP requirements: 1.) that the site plan be revised to show the location of the outdoor storage area, and; 2.) that no materials be stored outside. He stated that if the applicant added any additional equipment to his business, then he must come back to the city for a review of his CUP. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Mayor Klinzing stated concerns of heavy equipment using the shared driveway. Councilmember Kuester stated she is concerned about these types of home occupations. She stated they bring noise to neighborhoods and can start to look like a work yard. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO ALLOW DEAN BIlNER A HOME OCCUPATION FOR A CONTRACTOR BUSINESS WITH THE FOLLOWING CONDITIONS: 1. THE OUTDOOR STORAGE BE LOCATED BEHIND THE EXISTING STORAGE BUILDING AND 6 EVERGREEN TREES WITH A MINIMUM HEIGHT OF 6-8 FEET BE PLANTED FOR SCREENING. 2. THE APPLICANT SHALL PROVIDE A LIST OF OVERSIZED VEHICLES/ HEAVY EQUIPMENT CURRENTLY USED FOR THE OPERATION OF HIS BUSINESS, AND THAT AN INCREASE IN THIS NUMBER WILL REQUIRE A REVIEW OF THE CONDITIONAL USE PERMIT. 3. THE SITE PLAN BE REVISED TO SHOW THE LOCATION OF THE OUTDOOR STORAGE AREA. City Council Minutes October 18, 2004 Page 9 4. NO MATERIALS BE STORED OUTSIDE. MOTION CARRIED 5-0. 5.7. Request by Kinghorn Construction for Conditional Use Permit to Construct NAPA Auto Facility. Mississippi Ridge. Public Hearing-Case No. CU 04-25 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated Kinghorn Construction is requesting a Conditional Use Permit to construct a NAP A Auto store. He discussed hours of operation, building design standards, parking, lighting, landscaping, and the Planning Commission's recommendation. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Motin stated that at the Planning Commission meeting he suggested a condition be added stating that no auto repair be allowed outside the building. He stated the condition was absent from the CUP requirements and he would like it added to the conditions. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE CONDITIONAL USE PERMIT BY KINGHORN CONSTRUCTION WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. IF THERE IS TO BE AN EXPANSION OF EITHER THE BUILDING OR THE PARKING LOT, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. THE ENTRANCE OF THE BUILDING NEEDS TO BE CLEARLY DEFINED AND VISIBLE AS INDICATED IN THE MISSISSIPPI RIDGE PUD DEVELOPMENT STANDARDS. 4. NO SALES OR DISPLAY OF MERCHANDISE OUTSIDE THE BUILDING. 5. NO AUTO REPAIR BE ALLOWED OUTSIDE THE BUILDING. MOTION CARRIED 5-0. 5.8. Request by MetroPlains for Preliminary Plat ApprovallTackson Square). Public Hearing-Case No. P 04-19 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated MetroPlains is requesting Preliminary Plat approval to replat a lot for a FILE COpy Item # 5.6 MEMORANDUM TO: FROM: Mayor and City Council Scott Harlicker, Senior Plannef~ DATE: October 18, 2004 SUBJECT: Case No. CU 04-24 Request by Dean Bitner for Conditional Use Permit Reauest Consider a request by Dean Bitner for a conditional use pertnit to operate a contractor business as a home occupation. Location 10337 Twin Lakes Road 60 Day Rule In order to comply with Minnesota Statute 15.99 (60. Day Requirement), action must be taken on this request by October 30, 2004 Zonina/Land Use RIa (Single Family Residential) I LR (Low Density Residential) Attachments . Location Map . Site Plan . Letter from applicant y q a ij ~1:>>~d Ciq ConneD/CU O~24 Page 2 Overview The applicant is requesting a conditional use permit to operate a contracting business as a home occupation. A conditional use permit is required because outdoor storage is involved and he will be utilizing a truck that is latger than 26,000 pounds. The pwperty is 6 '/z acres in size and is located at the end of a private driveway that serves two other residences. The land surrounding the applicant's pwperty is undeveloped fannhnd, woods and SWatnp. There is a house and a 30' x 50' pole building on the property. The nearest residence is about 400 feet away from the existing storage building. Analysis The outdoor storage includes the dump truck and matetials. The material stored outside is gravel used in his septic system installation business. In order to mitigate the visual impact of the outdoor storage on the adjacent residences, the applicant should consider expanding the existing indoor storage or placing the outdoor storage atea behind the exiting building and providing screening. The residences most affected by this request are the two that shate the driveway. By locating the outdoor storage behind the exiting buildings and planting evergreens, the outdoor storage could be effectively screened from adjacent homes. Standards for Issuance of a Conditional Use Permit F- 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 u.re and enjoyment of other property in the immediate viciniry or the public health, sqfiry, morals, comfort, convenience or general welfare of the neighborhood or the city. 2. Will be consistent with the comprehensive plan. 3. Wi/I not impede the normal and orderly development and improvement of surrounding vacant prop'1'!J. 4. Wil! be served adequately 0' and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and Jewer systems, parks and schools; and will not, in particular, create traffic congestion or inte1ftrence with traffic on adjacent and neighboring public thoroughfares. 5. Wil! not involve UJes, actilitieI, processes, materials, equipment and conditions of operation that will be detrimental to any persons or prope1'!J because of excessive traffic, noise, smoke, fumes, glare, odOr!, dust or vibrations. 6. Wi/I not result in the destruction, loss or damage of a natural, scenic or historic feature of mqjor importance. 7. Wil! 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. s: \PLANNING \Case Files \2004\ CL' 04-24 Bitner\ CU04-24CC1 0-18.doc Memo to Mayor llnd City Council/CU 04--24 October 18, 2004 Page 3 If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating bow tbe proposed use does not comply with the standards set forth in Section 30-654. Plannina Commission Meetina At the Planning Commission meeting held on September 28'" , one neigbbor spoke at the public hearing. She and the applicant share the driveway. She was concerned about outdoor storage and the impact on the driveway. The applicant indicated that any outdoor storage would be located bebind the existing storage building and screened with either evergreens or a fence. He also felt that impact on the driveway on the driveway would be minimal because the dump truck is seldom used. Most of his trips are with a '!. ton pick-up truck. The Commission discussed deliveries to the site, number of employees and vehicles. In order keep the business from outgrowing the site. The Commission added a condition that any increase in the number of oversized vehicles or equipment used in the business would require an amendment to this conditional use permit. The Commission voted 4: 1 to recommend approval of this conditional use permit. Recommendation The Planning Commission and staff recommend that the City Council approve the conditional use permit to allow the applicant to operate a contractor business "cith the following conditions: 1. THE OUTDOOR STORAGE BE LOCATED BEHIND THE EXISTING STORAGE BUILDING AND 6 EVERGREEN TREES WITH A MINIMUM HEIGHT OF 6-8 FEET BE PLANTED FOR SCREENING. 2. THE APPLICANT SHALL PROVIDE A LIST OF OVERSIZDE VEHICLES/ HEAVY EQUIPMENT CURRENTLY USED FOR THE OPERATION OF HIS BUSINESS, AND THAT AN INCREASE IN THIS NUMBER WILL REQUIRE A REVIEW THE CONDITIONAL USE PERMIT. S:\PLANNING\Case Files\2CX14\CLl 04-24 Bitner\CLlO4--24CC10-18.doc r"IIt\ITY "TRAILS LEGEND LJ ) if! '1 i / I EXISTING SIDEWALK . . . . . . . . FUTURE SIDEWALK 000000000000000000 EXISTING PAVED TRAIL _ _ _ _ _ FUTURE PAVED TRAIL ".(." FUTURE "TRAIL ................ FUTURE IMDENED SHOULDER I~ i I SITE TWIN LAKES ROAD ~ ! / 1Q~Rn !IWf~IUE ~ II II Ii \ ~ 11 I i I >- w w ~ (f) i 1 (f) ;;1 o i i Location Map ~ N Case Number. CU 04-24 DEAN BITNER 08/30/200~ 12:24 7535532095 MPLS GUST SVC PAGE 01)01 August 30, 2004 City of Elk River Planning Department - Land Use Application 13065 Orono Parkway Elk Riller, MN 55330 RE: CONDITIONAL USE PERMIT D & M ENTERPRISES 10337 TWIN LAKES RD ELK RIVER, MN 55330 To whom It May Concem: Please grant a Conditional Use Permit for the above blJsiness at the above address. The business entails operation of a septic & mound installation. snowpJowing & removal business with equipment appropriate to both located at the above site. A straight dump truck wflh a GV'IN of 51.000 Ibs. is also stored at this location for use in hauling eQuipm~t from this location to job sites. The location consists of 6 ~ acres including a personal dwelling as weir as a 30 x 50' pole barn for housing equipment. Equipment is also located behind the pole barn, out of view of the neighboring homes. No other dwellings are located behind the property. land use behind the property consists of woodland and farmland. The Conditional Use Pennit would allow a continuation of storage for product and equipment necessary to continue the operation of my business. Attached please find the land Use Application as well as site drawings and Yo section map for the above-mentioned location as well as an aerial photo of the surrounding area along with the names and addresses of adjoining land owners (of which there are six) within 350 feet of the property lines involved. I understand that this request wal go in front of the Planning Commission on September 28l1l and City Council on October 18lh. Should the City require further information prior to these meeting please notify me so that I can provide any additional information required. Sincerely. Dean Bittner D & M Enterprises Attachments ~'::;' ).:;) "=J m ; ~J m (1 FFi " '1J ~ ~ ~ ~ ::r ~ -...I <M rrl ~ AJ ?" ~ ;U r>'l<;Z:CCD ... ,..... 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