7.1 SR 09-03-2024 - 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). 3. 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 § 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 §30-801(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 permitted residential occupation and requires an IUP in accordance with City Code § 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. 8. 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. City Code § 30-658(c) provides for analysis and findings required to be the grant of an IUP. The Application and proposed use does not meet all required findings in City Code § 30-658(c)(1)-(9) as provided below: (1) The period of time for which the interim use permit is to be granted will not terminate before any adverse impacts are felt upon adjacent properties. City Code § 30-801 provides that an IUP terminates when the property is sold or the lease expires. This time limit is indeterminate and cannot prevent Page 74 of 197