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7.4 SR 06-17-2024
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7.4 SR 06-17-2024
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13. The site shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight, <br />excluding vehicles servicing on -site dumpsters. <br />14. Access to the subject parcel, for business activities, shall occur only in the single driveway located on <br />209th Avenue/County Road 33. <br />15. Business delivery vehicles shall not back into the site from 209th Avenue/County Road 33. <br />16. Signage identifying the business/deliveries shall be installed per county and city requirements. <br />17. An amendment to this Interim Use Permit will be required for future expansions/additions not shown <br />on the staff site plan dated June 17, 2024. <br />18. The idling of a truck tractor or other business equipment in excess of 15 minutes from April 16 <br />through October 31, and 30 minutes from November I through April 15, is prohibited. <br />Background/Discussion <br />The property, approximately 13 acres in size, is zoned R I -a (Single Family Residential) where residential <br />occupations with proposed outdoor storage and/or use of an accessory structure require an Interim Use <br />Permit (IUP). The applicant requests an IUP to utilize the existing 20,000 sf fenced area (100% opaque) and <br />accessory structure for indoor/outdoor storage, deliveries (likely a couple of times a week), equipment <br />storage, and employee parking. The business specializes in cellular equipment construction across Minnesota <br />and neighboring states. They erect cellular towers and provide civil construction services preparing the sites <br />for the towers. The applicant is not requesting approval for production or manufacturing on the property. <br />Planning Commission <br />The Commission asked if the accessory structure was being used in the request and if the IUP could be <br />revoked if conditions were not met. Staff clarified that the accessory structure is part of the request, and the <br />permit can be revoked if conditions are not met. <br />Public Hearin <br />Deann Wells and Bryan Rucks, neighbors to the subject property, provided the following comments: <br />• Reviewed the code enforcement activities from February 2023. <br />• Outlined concerns about past practices/use of the property before the applicant applied for the CUP <br />in 2023. They were concerned with the patterns of behavior reoccurring. <br />• They reviewed the following sections: <br />Section 30-801 discusses not jeopardizing the residential character or health, safety, and general welfare of <br />the surrounding neighborhood and lists prohibited activities. Noted that the proposed operation does not add <br />to their property value and described negative activities discussed during the applicant's previous CUP <br />request. <br />Section 46-31 which is from the Public Nuisance Code, and states that excessive noise, disruption, and <br />other public nuisance activities are injurious to the public health, safety, and welfare and interfere with the <br />quiet enjoyment of life and property. They stated this code is set in place for those affected by these types of <br />situations. <br />This section of the code is in place for all properties across the city for enjoyment of life and property in general. The <br />city recognizes that introducing residential occupations in residential districts will be noticeable and strives to include <br />approval conditions aimed at mitigating its impact. <br />Section 46-34 which is from the Public Nuisance code and lists nuisances, including materials covering <br />more than one percent of the total lot area of a lot. <br />This section of the code is in place for all properties across the city but through the ordinance, outdoor storage of <br />Page 227 of 372 <br />
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