4.3. PCSR 05-23-2023 - Laserfiche WebLink

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CR33. What about watershed issues associated with a construction yard/outdoor storage? With large equipment, trailers, trucks etc leaking gas, diesel and oil into the ground. All the houses surrounding this location have private wells that would be affected and suffer do to run-off. My over arching question is, WHY in the world is this type of business even being considered in a zoned residential area? The City of Elk Rivers own website has charts that spell out what types of Permits are allowed in certain areas. See the chart I've included from the City of Elk River website "What Permit is Needed". The designation across the top OUTDOOR STORAGE is not allowed in any of the residential designations shown on the left of the graphic (also not allowed are Warehouse, Truck Terminal, Salvage Yard all being practiced by this homeowner). In fact, the ONLY place Elk River permits Outdoor Storage (in yellow) is Business Park, Commercial or Industrial zones. In red USE NOT ALLOWED in residential. To further illustrate this point see the chart I also included from The City of Elk Rivers website "ZONING MAP OUTDOOR STORAGE". This graphically maps out streets with areas in shades of purple, blue, yellow and red where outdoor storage currently is. Please note, not ONE shaded area is in a residential zone. This resident has already demonstrate for years, they will act as they please and ask for forgiveness later once caught. They didn't establish a CUP before engaging in business, and didn't permit their over 6 foot fence. They are acting like a bull in the china shop in an established residential area. They have already spilled construction supplies, pieces, parts and junk beyond the fence line and along the woods. With 13 acres they have shown they can and will drop junk as they please with out regard to city code or the neighbors. The peacefulness, beauty and property values are suffering. It appears the owners are taunting the City of Elk River to a game of "catch me if you can". Construction yard as a "business" is a somewhat of an oxymoron. A business by definition generates income from products or services. How is this yard generating income? What businesses are utilizing this yard? How many companies rent space there? How many businesses do Nicole & Jason Bye have listed in their names? Which business takes deductions on the polebarn? How many metered services does Elk River Utilities show for this address and is the monthly usage in line with neighboring residents who have outbuildings? What do the electrical inspections show on this approximately 2.5 year old building and its building permit What was listed as its use? How many and what are the location of heavy duty outlets and heavy duty breakers listed in the inspection? This will give you a picture of the buildings intended use. What is the business name that carries the insurance of everything parked in this so called construction yard? Additionally, in 1965 Congress (Federal) enacted regulation to control junkyards. In 1971 Minnesota State Legislature pass MN Statute 161.242 that also established guidelines to control junkyards. This location is 13 acres, the homeowners are already showing they will dump equipment, pieces, parts and junk as they please far beyond the fence. It is approaching a point that a call to the State or Federal government in regards to junkyard regulations is approaching for this location. Please take the time to look at permits, lack of permits, inspections, established permit guidelines and drive past this place on CR33. See what is happening there. Take the time to go into the neighborhood via Hoover St and turn right on 128th to the cul-de-sac. That will take you right to the edge of their property. Look at the junk piled there, look at the unpermitted fence, it seems higher that 6 feet. Look at what the neighbors are having to see and put up with. Also review the file compiled by Gram Shultz, Code Enforcement and the pictures he has regarding this location. I also have many photos that I am willing to share. The City of Elk Rivers website charts & map attest to the fact that this business should not be located within residential zoning. Why set a precedent that could harm all residentially zoned residents into the