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<br /> <br />Planning Commission Minutes <br />May 28, 2024 <br />--------- <br />Page 5 of 7 <br />enforcement visits where it shows that a trucking and construction company was being run, and felt <br />Rothmeyer TEC stood for Trucking Exteriors Construction with multiple employees working at the <br />property. She reviewed city ordinances which she felt were not being followed because she could <br />witness them. She expressed the safety of County Road 33 and delivery trucks going to the wrong <br />address. She asked if Sherburne County was notified to comment on the added traffic to the county <br />road. She also noted a burn barrel violation currently on Mr. Bye's property. <br /> <br />Mr. Bye answered some of Ms. Well's comments, stating the employees working on the property were <br />building the pole shed and working on the interior when Code Enforcement Officer Graham Schultz <br />visited in 2023. He noted TEC stands for Tower Electrical Construction, and he was required to be a <br />part of the US DOT to operate vehicles over 10,000 lbs. when being used for commercial use. He <br />didn't know a burn barrel was illegal and hadn't used it in two years. He encouraged the Planning <br />Commission to review the other businesses being operated on other properties in the area. <br /> <br />There being no one else to speak, Chair Beise closed the public hearing. <br /> <br />Commissioner Johnson stated the Planning Commission has looked at this a number of times and felt <br />they have come up with something reasonable to allow residents of Elk River to operate a small <br />business on their 13 acres. He felt Mr. Bye has done much to accommodate the city requirements to <br />help with the neighbor's concerns. The IUP has a lot of very stringent conditions that need to be met, <br />he didn't have a reason not to move forward with a recommendation of approval to the city council. <br /> <br />Commissioner Mauren agreed and while he wished the outdoor storage location was more than 50 <br />feet, he didn't feel he could recommend denial and have the legal footing to do that. He questioned <br />whether the 50-foot setback might need to be reviewed in the future. <br /> <br />Commissioner Booth stated he agreed with Commissioner Mauren's comments and felt the process <br />didn't give the Planning Commission an opportunity to deny something if it's "close enough." He stated <br />the conditions were stringent. <br /> <br />Commissioner Rydberg stated there were some protections that have been added to the IUP but he <br />agreed with Commission Mauren and felt they were stuck with it. He stated he goes back to the <br />original intent of a home occupation on residential property and didn't feel this was the original use of <br />this land, stating once it's approved, it's there. He asked how to clean up the other possible violations in <br />the area. <br /> <br />Chair Beise noted the City Council just reviewed the residential occupation ordinance in 2023. <br /> <br />Commissioner Johnson feels the conditions added protect the neighbors. <br /> <br />Commissioner Mauren asked for clarification regarding the business operating hours. <br /> <br />Mr. Leeseberg stated the City Council codified 6 days a week, 7 a.m. to 7 p.m. <br /> <br /> Moved by Commissioner Johnson and seconded by Commissioner Rydberg to <br />recommend approval of an Interim Use Permit with the following conditions to satisfy the <br />standards set forth in Section 30-658 (c): DRAFTPage 6 of 28