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8.2 SR 11-06-2023
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8.2 SR 11-06-2023
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11/6/2023
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NOW, THEREFORE, the CinT Council of the Cittr of Elk River makes the following <br />findings of fact and decision with respect to the Application b�r Jeremiah Shank, for a <br />Conditional Use Permit to allow the outdooY paYking of woYk vehicles and traileYs as a <br />conditional home occupation at his Yesidence, 18643 Yankton Street NW, Elk RiveY, MN. <br />FINDINGS OF FACT <br />1. The PropertyT is zoned R-1b (Single-Family Residential) where home occupations are <br />allowed according to the standards outlined in Sec. 30-801. <br />2. Sec 30-801(c) outlines the standards for permitted home occupations, and Sec. 30- <br />801(d) outlines the Conditional Home Occuparion process for uses that exceed the <br />peYmitted standaYds described in 30-801(c). <br />a. Sec. 30-801(c)(2) states that peYmitted home occupations must be caYried out <br />entirelyT �vithin the d�velling unit. <br />b. Sec. 30-801(c) (3) states that peYmitted home occupations shall not include <br />the exterior storage of materials or equipment. <br />The Application includes the outdoor storage of work vehicles and trailers, violating <br />the permitted home occupation standards outlined above and requiring a <br />Conditional Use Permit in accoYdance tivith Sec. 30-801(d). <br />4. On August 24, 2023, the Applicant submitted a Conditional Use PeYmit application, <br />Case No. CU 23-19, the Application. The Application was deemed complete and <br />scheduled for review b�T the Planning Commission and Cit�T Council. <br />5. Conditional Use Permits are reviewed byT the Planning Commission and CityT Council <br />and aYe Yeviewed based on the standaYds outlined in Sec. 30-654. <br />6. The Planning Commission revie`ved the r�pplication on September 26, 2023, and <br />voted 5-1 to denyr the Application as the pYoposed use does not meet standaYds one, <br />five, and six — as noted below. <br />a. Sec. 30-654(a)(1) Will not endangeY, injuYe or detrimentallyr affect the use and <br />enjoyment of other propertyT in the immediate vicinit�J or the public health, <br />safetyT, morals, comfort, convenience or general welfare of the neighborhood <br />or the cityT. <br />b. Sec. 30-654(a)(5) Will not involve uses, activities, processes, materials, <br />equipment and conditions of operation that will be detrimental to anyT <br />persons or propertyT because of excessive traffic, noise, smoke, fumes, glare, <br />odors, dust or vibrations. <br />c. Sec. 30-654(a)(6) Will not result in the destruction, loss or damage of a <br />natural, scenic or historic feature of major importance. <br />PawERfo sr <br />�,�►�'UR� <br />22ssi��i <br />
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