7.3 SR 02-20-2024 - Laserfiche WebLink

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17. Property shall comply with the rules of Chapter 23 of The Minnesota State Fire Code regarding fuel dispensing station. A detailed plan shall be provided showing how this is addressed. Upon approval, the area identified for outdoor storage on the staff site plan dated February 20, 2024, cannot be utilized until all conditions, except those with deadlines, have been met and the CUP is recorded. Background/Discussion (Case No. IU 23-01) - The property, approximately 16 acres in size, is zoned R1-a (Single Family Residential) where residential occupations with proposed outdoor storage require an Interim Use Permit (IUP). The applicant received a Conditional Use Permit (CUP) in 2022 (CU 22-19) to operate a landscaping business with outdoor storage of business equipment and materials. Last year, the applicant installed concrete block storage bins over concrete pads/footings for various landscaping materials such as rock, mulch, and gravel. The bins were installed outside of the previously approved area, and staff informed the applicant they needed to apply for an IUP. The applicant applied for and is seeking an IUP to expand the 2022 outdoor storage area to include business equipment and materials such as pallets of blocks, and small quantities or rock, mulch, stone, and gravel. Planning Commission During the public hearing, the applicant outlined his desires for the project, addressed public comments, read a letter of support, and outlined his preferences for screening. A resident asked what is stored in the concrete bins and what equipment will be used to handle the materials. The applicant said a skid steer would be used to load dump trucks. The resident stated that their main concern was that it is disheartening the area is not peaceful anymore due to noise and they believed it was a nuisance. Most of the discussion centered around the screening of the outdoor storage area and comparing the applicant’s desires with the ordinance requirements. The Commission agreed that most of the area was well screened by the natural vegetation and recommended an additional berm south of the house and additional berming north of the house. The staff site plan dated February 20, 2024, reflects this recommendation. The applicant also submitted a screening plan for the north side of the house. An escrow, to ensure compliance with removing the concrete bins was brought up during the meeting but the Commission did not respond. Ordinance allows the city to collect an escrow to ensure all standards of the IUP are followed. The City Council should consider this as part of their review. The Planning Commission had no additional concerns with the request after adding a thirteenth condition regarding screening and unanimously recommended approval. After Planning Commission meeting Since the meeting, staff reviewed concerns regarding outdoor fuel tanks with the Fire Department. The Fire Department stated the property shall comply with the rules of Chapter 23 of The Minnesota State Fire Code regarding fuel dispensing stations. A detailed plan should be submitted showing how this will be addressed, which has been added as an additional condition for approval. Additionally, staff received a packet of information in the mail on February 6, 2024, showing images of the site, equipment, construction activities, house remodeling, and rental property. Many of the photos and documents identified activities which do not require additional permits, but staff has contacted the applicant to verify that the residential structures are not being rented to additional commercial users.