7.4. SR 07-18-2016 - Laserfiche WebLink

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ElkOty *;::z,1 River 13065 Orono Parkway Elk River, N1N 55330 July 13, 2016 Decklan Group Attn: Annie Deckert 812 Main Street Elk River, MN 55330 RE: Lake State Recycling Response from July 12, 2016 Dear Ms. Deckert, VIA EMAIL: annie@decklangroup.com Thank you for email on July 12, 2016, in response to the email I sent you and your client on July 11, 2016. I hope we can clarify your comments and questions for you and your client. As you know, the Planning commission does not approve Conditional Use Permits (CUP). The commission makes recommendations to the City Council. They did make a recommendation of approval, but did so without the knowledge of the junkyard definition. If your client would like, we can postpone council review and bring the item back to the commission with the definition of a junkyard to provide them an opportunity to review the clarification. Your email says that no more than ten vehicles will be stored on site until they are picked up, which is the definition of a junkyard, "The outdoor storage of two or more inoperative motor vehicles shall also be considered a junkyard". Junkyards are only allowed in the I-3 district, which is outside the urban service district. Lake State Recycling (LSR) applied for a CUP for a recycling processing center. The issue is vehicles were never identified in either application (CU 16-05 or CU 16-19) when LSR applied for a recycling processing center CUP. With the introduction of vehicles, we have to look at the expanded use also. It is our understanding LSR did not, and currently does not, have a license through the county for automobiles, nor tires. The county was also unaware of vehicles being processed on either site. Currently, the applicant is not licensed or allowed to take vehicles or tires (or anything) through their county licensing. The applicant has applied for a license with the county, but they are still operating in violation since they have not been granted a license. The county can license LSR to take vehicles but junkyards are not an allowed use in the I-1 district per the Elk River zoning code. According to your email, 10-15% of their business is to have vehicles on site, the definition and review as a junkyard is applicable as 10-15% of the business falls under the definition of a junkyard. Your email mentioned city staff changing the definition of the business. Staff continues to view the operation, as applied for, as a recycling processing center. Again, the scope of the application changed. After becoming aware that vehicles are processed on site, we have to look at the use as a junkyard in addition to a recycling processing center. Phone: 763.635.1000 www.EJkRiverMN.gov P a M E R 1 a a r I'mW UREJ