7.4 SR 06-17-2024 - Laserfiche WebLink

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occupational materials/equipment is allowed with an approved Interim Use Permit as part of a residential occupation. The three ordinance sections are attached. • Outlined concerns with the city processes, specifically with how city staff have spoken with the applicant regarding the IUP/CUP process and directed him to the necessary applications and required submittal materials. • Stated one of the conditions from the July 25, 2023, Planning Commission staff report was not followed. o The CUP application was withdrawn, so no conditions were approved or binding to the applicant. • A tractor and trailer are close to 26,000 pounds. o Ordinance states that under permitted residential Occupations, Occupations shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight. o Vehicles larger than 26,000 pounds can be approved with an IUP. • Deliveries stopping on the road, which is dangerous. What is going to be done to make sure no accidents occur? o The county has reviewed the application and does not have concerns with the proposed activity (IUP). Their review notes that the use will not compromise the safety of the county road but agrees vehicles stopping on the road is a safety concern and suggests signage be installed. (A response letter from the county is attached) • What happens if the project is abandoned? o It would be cleaned up by the property owner or the city would clean it up and assess it back to the property, as would be done with any property in any zoning district. • The applicant is asking for the same thing as he did with the 2023 CUP, nothing has changed. o The proposed use is the same, but the City Council recently adopted updated residential occupation standards. Specifically, standards regulating outdoor storage on residential lots larger than S-acres. • Somehow, in the last year, the city redid zones to allow this to occur. They did not see anything in the paper regarding how this was changed. o The ordinance amendment process began in February 2023 (two months before the initial CUP application) o Public notices were published in the newspaper in August 2023 and again in October 2023 o Large turnout at the October 24, 2023, Planning Commission public hearing supporting outdoor storage. o City Council approved the amendment in November 2023 • Does not like the way this process is happening. • Going by the ordinance and by their experience, they believe their concerns have been infringed upon. • Trash pickup with commercial roll -off bins is likely over 26,000 pounds. o Ordinance limits the size of delivery vehicles, again for permitted residential occupations. o The council can limit the number of times the bins can be serviced per week if they desire. • Questioned if it is fair that a business can run from 7:00-7:00 Monday — Saturday in a residential district next to homes where someone may want to host family gatherings and now need to worry about dust and noise? • Was Sherburne County notified of the proposed project? o The application was sent, via email on May 3, 2024, to six county staff for review, and city staff received no feedback. o Staff reached out again, per public comments, to verify the county comments were the same as the CUP review. A memo from the county is attached. Jason Bye, the applicant, had the following comments: • He further explained his request and addressed speculations provided during the public hearings. Page 228 of 372