Confirm Approval Process for Accessory Structures and Animals at 6230 167th Ave NW; Case of Blackjack Farms, LLC (Michael Sykes)

Purpose:

The purpose of this case is to review the objections of a Property Owner at 6230 167th Ave NW in obtaining proper approvals for a number of City Code Requirements. The purpose is not to provide a recommendation on any future discretionary approvals such as Conditional Use Permit, but confirm with the Property Owner the approvals required in order to move forward as requested. A more detailed analysis is attached to this case.

• Accessory Structure Approval Process
• Number of Animals
• Potential Home Occupation (home-based business)

Talking Points:
 

• City waived requirement for a grading plan in exchange for staking the corners of the building so that we could field verify.
• City waived requirement for wetland delineation in exchange for allowing Anoka Conservation District to field verify there would be no wetland impacts. The City is intending to pick-up the bill ordinarily paid for by Applicant ($200). City staff prepared an exhibit that estimates wetland boundary, based on aerial photos.  This is normally submitted by the Applicant.
• Staff took the initiative to provide a building design drawing that would be required for the Zoning Permit ($10), which will be required even if the Building Permit requirement is waived due to a pending agricultural designation request.  This submittal is also normally a requirement of the applicant and the building design must still be confirmed by Mr. Sykes. Staff is making progress on this point.
• Further, staff is proposing that if a Conditional Use Permit is desired by the Property Owner that we reduce the normal escrow requirement of $800 to $200 and still collect the $200 Application Fee for Conditional Use Permit (total of $400).  Note, our costs will likely exceed the $200 application fee, and it is expected that the City will incur and waive $800 in processing costs that would normally be charged to the applicant’s escrow.
• The Property Owner has stated that they have purchased building materials for the project. If this is true, the Property Owner likely has the plans and specs that we need to process a Building Permit.  These items would typically be available from the distributor/manufacturer for the type of pre-engineered building he has described.  If so, and if the Property Owner intends to build it to the quality as described, Building Permit requirements could be met fairly easily.
• Staff has been working directly with the Anoka County Assessor.  The County Assessor has told the City that an agricultural tax classification is possible, but not all necessary paperwork has been submitted. This request has been open since May of 2018.
• The Property Owner has stated that his building is going to comply with all regulations, so a permit should not be required. However, the only way we know this to be true is if we review a permit that includes the design of the building.
• Unfortunately, the requirement for Building Permit is not our decision to waive. It is required by Minnesota Statutes and Rules. Legally, the Property Owner has not provided sufficient evidence for the City to waive the requirement. Step 1 is to get the tax classification changed through Anoka County to agricultural, and Step 2 is to confirm he will actually use it for agricultural purposes (i.e. not for Alpha Services/home occupation/home based business).
• From a public safety standpoint, Staff has responsibility for the safety of this building, not only for the occupants of this property, but for any public safety personnel that might respond to an emergency.
• A Conditional Use Permit, with Council review and approval, is required because structures of this size may lead to neighborhood concerns or future issues, especially if the property is sold. The proposed size is larger than Staff is authorized to approve.
• The Property Owner has threatened to move forward without a permit, regardless of what Staff states. If the Property Owner insists on moving forward without required permits, Staff recommends seeking a Temporary Restraining Order/Injunction to stop construction. Ultimately, this will protect Mr. Syke’s from having to tear-down a structure that was illegally constructed and establish the City’s legal position that a building cannot be constructed without the proper permits.

30 Minutes

This case is being handled as part of normal Staff duties.

Community Development Director
City Administrator

Provide consensus on necessary approvals and submittals to convey to the Property Owner.