Rice County
MN

Action Item
DOC-2017-209

Conditional Use Permit / King - Section 12, Webster Township

Information

Department:Environmental ServicesSponsors:
Category:Conditional Use PermitMeeting Groups:Board of Commissioners, Planning Commission

Attachments

  1. King LLC CUP minutes (This file has not yet been converted to a viewable format)
  2. staff report 02 12 link llc contractors yard
  3. wide
  4. mid
  5. close
  6. King CUP

Resolution/Ordinance Body

(This section is for entering Resolution/Ordinance Language ONLY)

Meeting History

Sep 7, 2017 6:30 PM  Planning Commission PC Regular Meeting

Conditions of Approval

1. The applicant is to follow all Federal, State, County and Local rules and regulations.

2. The conditional use permit is for a contractor’s office and yard for an underground utility business, and a lawn care business. Changes to the business are not permitted without approval of a new/amended permit.

3. The submitted site plan shall be followed subject to meeting property line and setback requirements.

4. A stormwater management plan shall be created and implemented meeting all state, federal and local requirements.

5. Outdoor storage shall be screened to roadway and neighboring properties. Screening shall consist of storing equipment and materials behind an earthen berm. Earthen berm shall be planted and maintained with vegetation.

6. All vehicles and trailers stored/parked outside shall be operable and have a current license.

7. Only business equipment owned or leased by the onsite business(s) shall be stored on the site.

8. All buildings shall meet building code for the intended use.

9. Parking and storage areas within the Road Right of Way shall be restored to Rice County Highway department requirements at the applicant’s expense by not later than June 1, 2018.

10. Failure to comply with conditions may result in revocation of the conditional use permit.

Zoning Administrator Trent McCorkell (TM) presented the request to the Planning Commission (PC).

TM - need to have conditions for screening in place, and the lawn and landscaping care business should be addressed in conditions. Also pointed out Highway Dept's comment in regards to area of parking lot in the ROW.

PB - can applicant apply for variance for parking?

TM - no, not for parking within the right of way.

The PC asked the applicant, Zach King (ZK), to come forward to add comments or answer questions regarding the request.

ZK - the parking is the way it was before we purchased - will be easily scaled back to meet right of way.

TS - what about berm?

ZK - berm will be scaled back 2ft on the right of way, the lawn care business is not a permanent leasee - can easily be taken care of.

TS - time limit on the lease?.

ZK - month to month lease - could notify this coming month to vacate.

TM - stated that lawn care business is allowed by zoning ordinance, but it needs to be a part of the CUP.

ZK - can we can declare this tonight?

CP - condtion # 2 will add lawn care service.

PB - Link LLC are the owners and for how long did they own, and were they aware of current CUP?

ZK - Purchased in April, the information from previous owner is that we would be able to work with the current CUP in place.

TS - Amend condition #5 - how would you like to address that?

ZK- not viewed from road - the vehicles would be parked by berm, or inside, or near the back side of property, employee parking up front only.

TS - asked applicant if he was comfortable with conditions?

ZK - yes

Chair Sammon opened the public testimony portion of the item to the public and the following spoke:

Chuck Rud - Webster township board - see no problem with that.

Chair Sammon closed the public testimony portion of the item to the public.

Discussion:

TS - Condtion # 2 - add lawn care business for blank area.

TS - Condtion # 5 - screening should consist of berm and vegetation to be planted and maintained.

ZK - he had seeded this summer, and plans on putting pines every 15 ft - 170 ft on west side of property near road for the trees to block equipment from road.

JD - really appreciates the fact that the applicant is doing work on the screening, he had received complaints on people having to see the "junk" across the road. Question for staff - is this altering the application by adding the lawn care use to it?

MS - is this an allowed use in the zoning district?

TM - yes it is allowable in the district.

Motion to recommend approval with stated conditions and with changes discussed and findings made, seconded, and approved.

RESULT:REFERRED FOR APPROVAL [UNANIMOUS]
MOVER:Charlie Peters
SECONDER:Michael Streiff
AYES:Michael Streiff, Preston Bauer, Tom Sammon, Charlie Peters
ABSENT:Joe Horejsi
Sep 26, 2017 8:30 AM  Board of Commissioners Regular Meeting
RESULT:APPROVED [UNANIMOUS]
MOVER:Galen Malecha, County Board Member
SECONDER:Dave Miller, County Board Member
AYES:Jake Gillen, Galen Malecha, Dave Miller, Steve Bauer
ABSENT:Jeff Docken