RES 23-46 - Laserfiche WebLink

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NOW, THEREFORE, the City Council of the City of Elk River makes the following findings of fact and decision with respect to the Application by Jeremiah Shank, for a Conditional Use Permit to allow the outdoor parking of work vehicles and trailers as a conditional home occupation at his residence, 18643 Yankton Street NW, Elk River, MN. FINDINGS OF FACT 1. The Property is zoned R-lb (Single -Family Residential) where home occupations are allowed according to the standards outlined in Sec. 30-801. 2. Sec 30-801(c) outlines the standards for permitted home occupations, and Sec. 30- 801(d) outlines the Conditional Home Occupation process for uses that exceed the permitted standards described in 30-801(c). a. Sec. 30-801(c)(2) states that permitted home occupations must be carried out entirely within the dwelling unit. b. Sec. 30-801(c) (3) states that permitted home occupations shall not include the exterior storage of materials or equipment. 3. The Application includes the outdoor storage of work vehicles and trailers, violating the permitted home occupation standards outlined above and requiring a Conditional Use Permit in accordance with Sec. 30-801(d). 4. On August 24, 2023, the Applicant submitted a Conditional Use Permit application, Case No. CU 23-19, the Application. The Application was deemed complete and scheduled for review by the Planning Commission and City Council. 5. Conditional Use Permits are reviewed by the Planning Commission and City Council and are reviewed based on the standards outlined in Sec. 30-654. 6. The Planning Commission reviewed the Application on September 26, 2023, and voted 5-1 to deny the Application as the proposed use does not meet standards one, five, and six — as noted below. a. Sec. 30-654(a)(1) Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. b. Sec. 30-654(a)(5) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. c. Sec. 30-654(a)(6) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. p1*flll 1!1' NAruR� 228s17v]