6.8. SR 06-18-2001MEMORANDUM
Item #
6.8.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Michele McPherson,~irector of Planning
June 18, 2001
Case No. CU 01-19
Request by Chris Stephan for Home Occupation; Landscape
Services Business
Request
The applicant requests that a conditional use permit be issued for a home occupation for a
landscape services business.
Attachments
· Location map
· Applicant's written narrative
· May 22, 2001 memo from Steve Rohlf regarding historic significance
· Site plan
Location
22531 Meadowvale Road
Zoning / Land Use
A-1 (Agricultural Conservation) / LR (Low Density Residential)
Analysis
Section 900.25 of the City Code outlines the following conditions for permitted home
occupations in the residential districts:
"A. The occupation shall be carried on entirely within the
dwelling unit or attached garage except that light
construction contractors may use detached accessory
Mayor & City Council/CU 01-19
June 18, 2001
Page 2
structures which would normally be allowed under the
provisions of this ordinance for storage. If the home
occupations is carried on in the garage, the minimum amount
of required garage space shall be maintained.
B. There shall be no exterior evidence of the home
occupation such as displays, exterior storage of business
equipment, materials, merchandise, inventory or heavy
equipment.
C. No permitted home occupation shall require internal or
external construction features not customarily found in
dwellings.
D. A maximum of one (1) full-time employee, or
equivalent, other than those persons who customarily reside
on the premises shall be employed. This provision shall
not apply to dwellings where the permitted home occupation
is a meeting place for employees and the work is done
off-premise.
E. Permitted home occupations involving teaching shall
not exceed two (2) pupils at a time.
F. Any sign or visible advertisements shall not exceed
two (2) square feet in area and shall be mounted flat on
the outside wall of the dwelling.
G. No permitted home occupation shall be serviced by
delivery vehicles larger than 26,000 pounds gross vehicle
weight.
H. No home occupation shall have outside employees and/or
customers between the hours of 10:00 p.m. and 7:00 a.m.
I. Permitted home occupations shall not create a parking
demand in excess of that which can be accommodated in an
existing driveway, where no vehicle is parked closer than
fifteen (15) feet from the curb line or edge of paved
surface.
J. The operation of any wholesale or retail business,
unless it is conducted entirely by mail, and does not
involve the sale, shipment, or delivery of merchandise on
the premise, is prohibited. On-site sales shall be limited
to those clearly incidental to services provided in the
dwelling.
K. Permitted home occupations may not involve repair of
internal combustion engines or use of equipment which is
not normally found in a home; except that equipment which
is typically in an office may be used."
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Mayor & City Council/CU 01-19
June 18, 2001
Page 3
If a home occupation cannot meet all of the conditions, then Planning Commission and City
Council review is required to issue a conditional use permit for conditional home
occupation.
The applicant proposes to use the existing single family home and a new 60' x 40' metal-
skinned building to house the home occupation. The home occupation is that of a
landscape contractor who employs five full-time persons. The applicant's narrative describes
the number of employees and the type of equipment utilized by the company.
The applicant has indicated on the attached site plan a number of improvements for the site
to accommodate this proposed use. Included in the proposal is a fenced area to store a
dumpster, material and equipment. This is located east of the proposed metal-skinned
building. It will be accessed by two driveways off the existing driveway to the home. The
proposed metal-skinned building will meet the setback requirements for the A-1 District.
The applicant is proposing to fence the outdoor storage area. Staff suggests additional
landscaping to further screen the storage area.
There appears to be adequate parking for employees on the site; with five full-time
employees, five parking spaces would be required. The remaining employees report directly
to the job site.
The applicant is proposing a wall sign of 50 square feet in area to be attached to the metal-
skinned building. However, this sign exceeds the permitted wall signage in the residential
district. The ordinance only permits a sign of 4 square feet in area to be attached to a wall.
However, rural based businesses are permitted for off-premise directional signs not
exceeding 18 square feet, provided that they meet certain conditions outlined .in the sign
ordinance.
To date, staff has received no complaints regarding the proposed home occupation.
Historic Significance
The Heritage Preservation Commission reviews each land use case for historic significance.
In this case, an artifact was reported to be found in the general vicinity of the subject
property (please refer to the attached memo from Steve Rohlf, Building & Zoning
Administrator). No further action is required.
Plannin~ Commission Action
The Planning Commission conducted a public hearing regarding the request at its May 22,
2001 meeting. One neighbor spoke regarding potential noise, and the future size of the
business. He was concerned that the number of employees would grow too large for the
area.
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Mayor & City Council/CU 01-19
June 18, 2001
Page 4
The Planning Commission voted unanimously to recommend approval of the request to the
City Council with following conditions:
1. SIGNAGE SHALL BE LIMITED TO A WALL SIGN OF 4 SQUARE FEET IN
AREA.
2. ALL MATERIALS, EQUIPMENT, AND THE DUMPSTER SHALL BE KEPT
WITHIN THE FENCED ENCLOSURE.
3. ADDITIONAL SCREENING THROUGH THE USE OF CONIFEROUS
TREES SHALL BE PLANTED ALONG THE SOUTH PROPERTY LINE TO
PROVIDE ADDITIONAL SCREENING FOR THE ADJACENT NEIGHBOR
TO THE SOUTH.
4. THE MAXIMUM NUMBER OF EMPLOYEES SHALL NOT EXCEED 15.
5. NO DEBRIS SHALL BE STORED ON SITE.
6. ALL TRUCKS, TRACTORS, AND TRAILERS SHALL BE STORED WITHIN
THE METAL POLE BARN.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the request
for a landscape business as a conditional home occupation with the following conditions:
1. SIGNAGE SHALL BE LIMITED TO A WALL SIGN OF 4 SQUARE FEET IN
AREA.
2. ALL MATERIALS, EQUIPMENT, AND THE DUMPSTER SHALL BE KEPT
WITHIN THE FENCED ENCLOSURE.
3. ADDITIONAL SCREENING THROUGH THE USE OF CONIFEROUS
TREES SHALL BE PLANTED ALONG THE SOUTH PROPERTY LINE TO
PROVIDE ADDITIONAL SCREENING FOR THE ADJACENT NEIGHBOR
TO THE SOUTH.
4. THE MAXIMUM NUMBER OF EMPLOYEES SHALL NOT EXCEED 15.
5. NO DEBRIS SHALL BE STORED ON SITE.
6. ALL TRUCKS, TRACTORS, AND TRAILERS SHALL BE STORED WITHIN
THE METAL POLE BARN.
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Elk River, MN 55330
Description of Stephan Landscape Services relating to conditional use permit
application.
Stephan Landscape Services is a small family owned and operated landscape design and
installation company that provides service throughout the Midwest. Stephan Landscape Services
employs five full time year - round landscape professionals who report to the office 75% of the time with
four laborers who report to the jobsite daily. Stephan Landscape Services currently has three trucks, one
skid loader, two trailer, and miscellaneous power equipment which is kept on site whenever possible or
would be stored in the proposed fenced in area on site proposal map. All bulk matedal would be stored in
fenced in area as well. Stephan Landscape Services does not sell any retail or wholesale product unless
we install or deliver the material. Stephan Landscape Services' sales are conducted off site (at
customers' homes or offices). Stephan Landscape Services intends to develop a more local (Northwest
Suburbs) market, as well as employ members of the local community when possible. The proposed
development is on a major county road with adequate weight restrictions/capabilities and the natural
formation of the tree lines provides good coverage of buildings from public view. Stephan Landscape
Services has a certified nursery license and would possibly like to grow shade and coniferous tress on the
property.
Stephan Landscape Services is a family owned and operated company who would like to help
enrich the community in which it works and operates. The company strives to provide high quality,
affordable landscape solutions while providing a safe and enjoyable work environment to prosper in.
Thank you.
River
13065 Orono Parkway
Elk River, MN 55330
TO:
FROM:
DATE:
Memorandum
PLANNING COMMISSION
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR ZIP._
MAY 22, 2001
SUBJECT: HOME OCCUPATIION REQUEST BY
STEPHAN LANDSCAPE SERVICE
A query of the State Historic Preservation Office's (SHPO) records revealed that the
Southwest ¼ of the Northwest ¼ of SeCtion 6, Township 33, Range 26, Sherburne
County, Minnesota, contains a reported archaeological site. A collection ofprehistory
artifact, including a Hixton ax, were found somewhere within the forty acres described
above by Bert Peterson. The exact location of where the artifacts were found was not
reported. Mr. Peterson, who farmed this area, has been deceased for over twenty years,
therefore, no further information can be obtained.
The Heritage Preservation Commission (HPC) visited the site on May 10, 2001. No
obvious indications of a potential archaeological site were found during this visit. Over
the centuries, nature has probably drastically altered the area and certainly man has made
major alterations since the artifacts were discarded. The oldest Hixton artifacts date back
to nearly 10,000 years ago. Hixton comes from one mine in Wisconsin and was a heavily
traded commodity by Paleoindian and Archaic peoples. Typically, archaeological sites
are associated with watercourses.,. Perhaps this one was associated with Rice Lake and
Tibbits Brook drainage.
Further investigation is not required by the State, since there are no Federal permits
needed for the landscape business. The HPC also does not feel any further formal
investigation is warranted. However, the landscape business should be made aware of
the potential for a significant archaeological find on their property so they recognize it, if
they happen to come across additional artifacts.
Phone: 763.441.7420
Fax: 763 441 74)5
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