RES 24-51 - Laserfiche WebLink

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NOW, THEREFORE, the City Council of the City of Elk River makes the following: FINDINGS 1. The Property is zoned R-1a (Single -Family Residential) where residential occupations with outdoor storage or accessory structure use are allowed according to the standards outlined in City Code § 30-801. 2. City Code § 30-801(c) outlines the standards for permitted residential occupations, and § 30-801(d) outlines the Interim Residential Occupation process for uses that exceed the permitted standards described in 30-801(c). City Code § 30-801(b) (4) provides that no residential occupation (including interim) may "adversely affect neighboring property values or constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise, .. . vibration, dust or other nuisance or safety hazards." 4. City Code 5 30-801(b)(5) specifically prohibits body shops, machine shops, and hazardous materials or activities, as defined by the Minnesota Building Code. 5. City Code g30-801(c) states that permitted residential occupations must be carried out entirely within the dwelling unit and shall not include outdoor storage. 6. The Application includes outdoor storage and use of an accessory structure. It is therefore not a residential occupation that is permitted by right. The Application is also not for a body shop, machine shop, or hazardous activity. The City may grant the application if it meets the requirements for an IUP pursuant to City Code 5 30- 801(d). 7. The Applicant submitted an IUP application, Case No. IU 24-01. The Application was deemed complete and scheduled for review by the Planning Commission and City Council. S. The Application requests an IUP to utilize an existing 20,000 square foot fenced area and an accessory structure for indoor and outdoor storage. The Application does not .request production or manufacturing on the Property, however, the Applicant is requesting storage for a business that occurs off site, which results in the Applicant receiving multiple deliveries per week, equipment storage, and employee parking for a business specializing in cellular equipment construction. 9. IUP's must comply with the standards as outlined in § 30-658. 10. Approval of the Application is subject to the following conditions: (1) The applicant and/or property owner must apply for all required commercial building, electrical, plumbing, or mechanical permits before any interior commercial activities can occur. (2) A code analysis finding commercial building code compliance shall be prepared by an appropriate registered professional. IIIEIE1 If NATURE