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2025-09-09 Planning Commission Agenda Packet-revised- PLANNING COMMISSION MEETING Tuesday, September 9, 2025 7 PM 1. CALL TO ORDER – ROLL CALL – ADOPT AGENDA 2. MINUTES a. August 12, 2025, Planning Commission Meeting Minutes (Pages 2-6) 3. PUBLIC HEARINGS a. Public Hearing for Conditional Use Permit for Accessory Structure at 5053 Kahl Ave NE PID 101-081-001120. (Pages 7-22) b. Public Hearing for Ordinance Amendment Relating to the Regulation of Temporary Sales. (Pages 23-42) c. Public Hearing for Ordinance Amendment Relating to the Regulation of Driveways. (Pages 43-57) 4. OTHER BUSINESS a. None 5. ADJOURNMENT ALBERTVILLE PLANNING COMMISSION TUESDAY, AUGUST 12, 2025 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER – ROLL CALL – ADOPT AGENDA Chair Buhrmann called the meeting to order at 7:00 pm. Maeghan Becker conducted roll call. Present: Chair Buhrmann and Commissioners Anderson, Huggins, Smith and Council Liaison Zagorski. Others Present: City Planner TJ Hofer, Building Permit Technician Maeghan Becker, Kevin Benshoof, Steve Kuhns, Tina Nibbe, Troy Hanson, Greta Norris, Traci Larson, Scott Black, Felix Lanford, Andrew Dupay, Chris Caupbell, Rob Barse, Jamie Foust, Mike Gerard Motioned by Smith, seconded by Anderson to approve the agenda as submitted. Ayes: Buhrmann, Anderson, Huggins and Smith. Nays: None. MOTION DECLARED CARRIED. 2. MINUTES Motioned by Huggins, seconded by Buhrmann to approve the July 8, 2025, Planning Commission meeting minutes as presented. Ayes: Buhrmann, Anderson, Huggins and Smith. Nays: None. MOTION DECLARED CARRIED. 3. PUBLIC HEARINGS A. Public Hearing for Preliminary Plat, PUD Amendment for Engel Haus Senior Living II at PID 101-143-000010 Hofer went over the preliminary plat and the PUD amendment for Engel Haus Phase II. Commissioners discussed the similarities and differences that the Phase II building will have compared to the existing building. Mainly the building will look the same, but with more floors. They buildings will also be connected. Commissioners discussed the overall landscape plan and are questioning why the requirements are lowered for this project. Hofer informed this project is being processed with a TIF application and there is financial aid that is also being used to help cover these Agenda Page 2 Planning Commission Meeting Minutes Regular Meeting of August 12, 2025 2 costs already. Hofer believes it is reasonable to lower these standards for what the applicant is proposing, but if commissioners or council members would like to make changes, they are able to do so. Commissioners discussed possible future development to the south of the site. Commissioners discussed the outdoor amenities for the residents. Traci Larson with Guardian Angels approached the podium. She told commissioners they feel great support and welcoming from this community, and they are excited for the expansion of their building to welcome more senior residents. Steve Kuhns informed of the project timeline to begin construction November 2025 and if all goes well to open the doors March of 2027. Kuhns clarified there are 86 residential units, and one suite is a rentable unit for any family that may need to stay on site for a short period of time to care for a loved one. Kuhns commented on the landscaping plan, there will be 88 trees, 105 shrubs, 44 perennials throughout the site. Along with nice retaining walls, fencing, pickleball courts, outdoor fire pit, outdoor seating and a putting green. Kuhns believes with the proposed landscaping and outdoor amenities are sufficient for the outdoor landscaping items. Motioned by Huggins, seconded by Anderson to open the Public Hearing. Ayes: Buhrmann, Anderson, Huggins, and Smith. Nays: None. MOTION DECLARED CARRIED. Mike Gerard, lives at 4993 Kassel Ave Ne, he has concerns with traffic control getting in and out on to County Rd 18. Benshoof, Albertville Building Official, informed the county is going to be putting a roundabout at the intersection. Motioned by Smith, seconded by Buhrmann to close the Public Hearing. Ayes: Buhrmann, Anderson, Huggins, and Smith. Nays: None. MOTION DECLARED CARRIED. Motioned by Huggins, seconded by Anderson to approve the Preliminary Plat, PUD Amendment for Engel Haus Senior Living II at PID 101-143-000010 with the conditions listed in the August 12, 2025, planners report. Ayes: Buhrmann, Anderson, Huggins, and Smith. Nays: None. MOTION DECLARED CARRIED. MOTION DECLARED CARRIED. B.Public Hearing for Ordinance Amendment Relating to the Regulation of Retail Cannabis Sales and Retail Low Potency Hemp SalesHofer went over the ordinance amendment regarding the retail cannabis sales. Currently low potency hemp sales are listed as an interim use in the B-3 District, staff is recommending this be changed to a permitted use versus an interim use. Hofer went over the ordinance amendment with the commissioners. Benshoof left the meeting at 7:35pm. Agenda Page 3 Planning Commission Meeting Minutes Regular Meeting of August 12, 2025 3 Motioned by Anderson, seconded by Smith to open the Public Hearing. Ayes: Buhrmann, Anderson, Huggins and Smith. Nays: None. MOTION DECLARED CARRIED. No one wished to speak. Motioned by Huggins, seconded by Buhrmann to close the Public Hearing. Ayes: Buhrmann, Anderson, Huggins and Smith. Nays: None. MOTION DECLARED CARRIED. Motioned by Anderson, seconded by Huggins to approve the Ordinance Amendment Relating to the Regulation of Retail Cannabis Sales and Retail Low Potency Hemp Sales with the conditions listed in the August 12, 2025, planners report. Ayes: Buhrmann, Anderson, Huggins, and Smith. Nays: None. MOTION DECLARED CARRIED. C. Public hearing for Interim Use Permit for Smoke Shop at 11135 61st Street Ne PID 101-033-002030 Hofer presented the proposed interim use permit (IUP) for Smoke Shop at 11135 61st Street Ne with the commissioners. Hofer described what an interim use permit is for the commissioners as it is a newer process. Staff has found this application meets all the required criteria. The Office of Cannabis Management Licensing will need to finish their review before the City can issue the IUP, to make sure the site meets all state requirements as well. Motioned by Huggins, seconded by Anderson to open the Public Hearing. Ayes: Buhrmann, Anderson, Huggins, and Smith. Nays: None. MOTION DECLARED CARRIED. No one wished to speak. Motioned by Anderson, seconded by Smith to close the Public Hearing. Ayes: Buhrmann, Anderson, Huggins, and Smith. Nays: None. MOTION DECLARED CARRIED. Commissioners discussed ownership versus tenant responsibilities such as site improvements. Hofer informed commissioners that for this application the site taken into consideration for review, but as far as landscaping and improvements that would be outside of this applicant’s control. Commissioners wanted to confirm there are no current issues that need to be addressed at this time. Hofer informed there are no current issues staff is aware of at this time, the building meets all current building code requirements. Felix Langford, owner of Smoke Shop at 11135 61st Street Ne, approached the podium. Langford informed the commissioners about the security requirements needed from the state. They need cameras, personnel at security points to check customers ID, and locked areas where the customers can be buzzed into, along with exit only doors for the customers to leave and not be able to re-enter without going through the security check points again. Langford is still working with the state on his site plan for approvals. Agenda Page 4 Planning Commission Meeting Minutes Regular Meeting of August 12, 2025 4 Commissioners asked why an IUP is necessary for this type of business. Hofer informed it is the way code is written but also many cities have put these IUPs in place because of the hesitancy of the use and how it would be introduced into the communities. Also because of the changes in the state statute and requirements so things can be adapted as needed. You can always change IUP terms, and if you no longer want it to be processed by an IUP, those changes can be made. Commissioners discussed different options of terms for this IUP. Commissioners determined to recommend a 5-year term with the option to renew the permit administratively. Motioned by Huggins, seconded by Anderson to approve the Interim Use Permit for Smoke Shop at 11135 61st Street Ne PID 101-033-002030 with the conditions listed in the August 12, 2025, planners report along with the recommendation of a 5-year IUP term with the option to renew the permit administratively. Ayes: Buhrmann, Anderson, Huggins, and Smith. Nays: None. MOTION DECLARED CARRIED. D. Site Plan Review for Mister Car Wash at Lot 1, Block 1 Java Retail Hofer went over the site plan for Mister Car Wash at Lot 1, Block 1 of the Java Retail Addition. The Car Wash is a permitted use within the PUD. Hofer went over the access of the site and informed the applicant has not provided a turning radius layout indicating the site can accommodate maneuvering of emergency vehicles on site. Therefore, a condition has been recommended for a site circulation exhibit to be included. Parking on the site does not meet the requirements for the required number or employee parking. An additional two stalls are needed to meet code. A condition has been included to address the parking. The applicant is requesting more wall signs per building façade than permitted in the B-3 zoning district. Additional wall signs may be approved with the submission and approval of a comprehensive sign plan per subsection. The applicant is requesting approval of the comprehensive sign plan submitted in the August 12, planners report. Hofer informed commissioners there was a discrepancy found after the staff report was made in which the directional signs have a setback of 5ft and there is one directional sign that does not meet that setback near 60th Street Ne. Staff would recommend moving it back closer to the building site and away from the road. The directional signs are being proposed at 6sq ft and need to be revised to 4sq ft per code. Commissioners discussed the proposed 6ft fence along the western boarder of the property which will provide screening for the cemetery. Commissioners asked the acreage of the Mister Carwash lot. Hofer responded the Mister Carwash lot is 1.79 acres. Agenda Page 5 Planning Commission Meeting Minutes Regular Meeting of August 12, 2025 5 Rob Barse with Mister Carwash approached the podium. Barse is asking to allow the use of the vacuum stalls to also be used for employee parking to meet all the parking requirements. There can be 3-5 employees per day. Commissioners had no issues with Barse’s proposal for the vacuum stalls being used as employee stalls as well. Motioned by Anderson, seconded by Smith to approve the site plan review for Mister Car Wash Lot 1, Block 1 with the conditions listed in the August 12, 2025, planners report along with the proposed comprehensive sign plan and location and size change of the directional signs, along with the vacuum parking stalls to be approved for employee parking. Ayes: Buhrmann, Anderson, Huggins, and Smith. Nays: None. MOTION DECLARED CARRIED. 4. OTHER BUSINESS A. None 5. ADJOURNMENT Motioned by Huggins, seconded by Buhrmann to adjourn the meeting at 8:20pm. Ayes: Buhrmann, Anderson, Huggins and Smith. Nays: None. MOTION DECLARED CARRIED. Respectfully submitted, _______________________________________ Maeghan M. Becker, Building Permit Technician Agenda Page 6 Planning Commission Request for Recommendation September 9, 2025 ACTION REQUESTED The Planning Commission is asked to conduct a public hearing and make a recommendation to the City Council on a Conditional Use Permit (CUP) to allow for a detached accessory structure over 150 sq. ft. sales at 5053 Kahl Ave NE. BACKGROUND Tanner Winslow, the owner, has made an application for a CUP that would allow for the construction of a detached accessory structure at 5053 Kahl Ave NE. The Planning Commission is responsible for reviewing the application, holding a public hearing, and making a recommendation to City Council on the CUP. The subject property is located on Kahl Avenue Northeast, just north of the intersection of Kahl Ave NE and Kagan Avenue Northeast. The site is 0.72 acres and contains a single-family dwelling that includes a deck and garage. The parcel is currently zoned R-1A and is a part of the Albertvillas 3 PUD. All properties around the subject property are also zoned R-1A and is a part of the Albertvillas 3 PUD. REVIEW Conditional Use Permit Proposed Use The applicant is proposing to construct a 192 sq. ft. detached accessory building on the subject property. Single-family dwelling uses are allowed accessory uses and structures as permitted in the Zoning Ordinance and Section 1000.4 establishes the standards for accessory structures. The total number of accessory buildings are limited to either one attached garage and one detached accessory building or two detached accessory buildings. The subject property currently has an attached garage that, according to county records, is approximately 640 sq. ft. The Zoning Ordinance restricts second accessory storage buildings to 150 sq. ft., except by conditional use permit. TO: Chair Buhrmann and Members of the Planning Commission FROM: Jenni Faulkner, Consultant Planner T.J. Hofer, Consultant Planner AGENDA ITEM: Public Hearing for Conditional Use Permit for Accessory Structure at 5053 Kahl Ave NE (PID 101-081-001120) Agenda Page 7 Planning Commission Request for Recommendation – September 9, 2025 Planning – Winslow CUP Page 2 of 6 Review Considerations The purpose of a CUP is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health, and safety. In accordance with Section 400 of the Albertville Zoning Code, the Planning Commission and City Council shall consider possible adverse effects of the proposed conditional use. 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan. The proposed use is consistent with the official city comprehensive plan and the goals for residential land. 2. The proposed use is or will be compatible with present and future uses of the area. The proposed use will be compatible with other uses in the R1-A and PUD zoning districts. 3. The proposed use conforms with all performance standards contained herein. The proposed use is generally consistent with the performance standards within the Zoning Ordinance. Where the application is not consistent, conditions have been included to address the inconsistencies. a. There is a demonstrated need and potential for a continued use of the structure and the purpose stated. There is a demonstrated need and potential for a continued use of the structure and the applicant has stated the purpose of the building is storage. Storage of equipment and personal property is a reasonable use on a residential lot. b. The building has an evident reuse or function related to the principal use. The building has an evident reuse or function related to the principal use in providing storage. c. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety, and general welfare. The proposed structure appears compatible with adjacent residential uses and does not present a hazard to public health, safety, and general welfare. d. For conditional uses for accessory buildings exceeding one thousand (1,000) square feet in floor area in the R-1A, R-1, R-2, R-3, or R-4 zoning districts, the accessory building shall not exceed the area footprint of the principal building or ten percent (10%) of the minimum lot area of the respective zoning district. Agenda Page 8 Planning Commission Request for Recommendation – September 9, 2025 Planning – Winslow CUP Page 3 of 6 The required minimum lot size for the R1-A zoning district is 15,000 sq. ft., for a maximum size of 1,500 sq. ft. and the principal dwelling is 976 sq. ft. according to Wright County records. The proposed accessory building is 192 sq. ft. e. For conditional uses for a second accessory building exceeding one hundred fifty (150) square feet in floor area in the R-1A, R-1, R-2, R-3, or R-4 zoning districts, the accessory building shall not occupy more than twenty five percent (25%) of a rear yard and/or the cumulative floor area of all accessory buildings on the lot and shall not exceed ten percent (10%) of the minimum lot area standard of the respective district. The rear yard is approximately 23,961 sq. ft., including a large wetland, with approximately 10,112 sq. ft. of upland area. The proposed 192 sq. ft. building is less than 25% of both areas, 5,990 sq. ft. and 2,528 sq. ft., respectively. The required minimum lot size for the R1-A zoning district is 15,000 sq. ft., for a maximum size of 1,500 sq. ft. f. For conditional uses exceeding the maximum accumulative floor area of one thousand one hundred fifty (1,150) square feet for accessory buildings in the R-1A, R-1, R-2, R-3, or R-4 zoning districts, the accumulative accessory floor area shall be capped at ten percent (10%) of the minimum lot area requirement of the respective district. The proposed 192 sq. ft. accessory building and existing 640 sq. ft. garage total an area of 832 sq. ft. g. For conditional uses for accessory buildings that exceed the size requirements of this section the use shall not be granted if the lot meets the following conditions: i. The lot shares a rear or side lot line with Cedar Creek Golf Course. The lot does not share a rear or side lot line with Cedar Creek Golf Course. ii. The lot is part of a subdivision approved as a planned unit development and granted flexibility for a reduced lot size. The lot is part of a subdivision approved as a planned unit development that was granted flexibility for lot area, but the lot meets the minimum area requirements for the R1-A district. iii. Any substandard residential lot that falls below the minimum lot area standard of its respective zoning district. The lot is not a substandard residential lot. h. Any accessory buildings must meet the required accessory building setbacks. The proposed accessory building shall be located at least 10 ft. from side lot lines, Agenda Page 9 Planning Commission Request for Recommendation – September 9, 2025 Planning – Winslow CUP Page 4 of 6 10 ft. from rear lot line, five feet from all other buildings and structures on the lot, 30 ft. from wetlands, and shall not encroach on recorded easements. i. The provisions of subsection 400.2F of this ordinance shall be considered and a determination made that the proposed activities are in compliance with such criteria. The proposed activities shall be in compliance with the provisions of subsection 400.2F. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. The proposed use will not tend to or actually depreciate the area in which it is proposed. The proposed use is similar to surrounding use and an allowed use in the R-1A zoning district. 5. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. The proposed use is not expected to have any more demand on public services than the current use of the site. 6. Traffic generated by the proposed use is within capabilities of streets serving the property. The proposed use shall not have a meaningful impact on traffic. Dimensional Standards R1-A/PUD Proposed Conditions Meets Standard? Minimum Lot Size (sq. ft.) 15,000/12,500 31,363.2 Meets Lot Width (ft.) 100/85 91.23 Meets Principal Structure Setbacks (ft.) Front 30 30.5 Meets Side (interior) 10 19.75 Meets Rear 25 269.08 Meets Accessory Structure Setbacks (ft.) Front N/A N/A Meets Side (interior) 10 8.09 Condition to be revised. Rear 10 245 Meets Wetland Setback (ft.) 30/20 58.42 Meets Maximum Lot Coverage 25% 3.77% Meets Principal Building Height (ft.) 35 ~18 Meets Accessory Building Height (ft.) 16 7.75 Meets Agenda Page 10 Planning Commission Request for Recommendation – September 9, 2025 Planning – Winslow CUP Page 5 of 6 The submitted survey shows the proposed structure located closer to 10 ft. to the side lot line, but the applicant has indicated that they intend to meet the required 10 ft. setback. A condition has been included to address the setback. Landscaping Landscaping on the subject property will not be altered as a result of the proposed use. Lighting The applicant stated that a light may be added to the structure. Details were not provided related to lighting, and any future lighting shall meet the standards of the Zoning Ordinance, Exterior lighting shall not exceed 0.4 foot-candles as measured at the property line and arranged as to deflect light away from any adjoining residential property or from any public right of way. Light sources shall be hooded and bare light bulbs shall not be permitted in view of adjacent property or public right-of-way. Based on how the proposed accessory structure is oriented on the lot, complying with the required standards should not prevent a light being placed on the proposed structure. A condition has been included to address future lighting. Parking The proposed use has no impact on parking requirements. Building Materials No building materials were provided as part of the submittal. The rendering included within the submittal appears to be finished with grey vertical siding with black doors and roofs, however, the applicant has stated that the proposed structure will be sided with a green siding and that the principal dwelling is planned to be resided with the same material. The Zoning Ordinance requires the same or similar quality "exterior building material,” meaning exterior finish and color, shall be used in the accessory building and in the principal building. A condition has been included to address the building materials. Compliance with Comprehensive Plan The proposed CUP must comply with the Albertville Comprehensive Plan. The property is shown on the Proposed Land Use Plan as Residential. Residential Goal 1 in the Albertville Vision/Comprehensive Plan is to promote maintain and build attractive residential neighborhoods. The proposed use creates an accessory structure that is consistent with the neighborhood aesthetics and provides for storage, potentially reducing the amount of exterior storage on the site. Agenda Page 11 Planning Commission Request for Recommendation – September 9, 2025 Planning – Winslow CUP Page 6 of 6 RECOMMENDATION: It is respectfully requested that Chair Buhrmann and Members of the Planning Commission consider the following: MOTION TO: Recommend approval of the condition use permit for allow for a 192 square foot accessory structure at 5053 Kahl Avenue Northeast (PID 101-081-001120), with the findings established in the staff report and the following conditions: 1. The location and layout of structures and facilities on the lot shall be substantially consistent with the plans submitted to the city and reviewed with this request with the exception of where revisions are required with this approval. 2. Before a building permit may be issued the following is required: a. The site plan shall be revised to show the proposed structure setback 10 ft. from the south side lot line and consistent with all other dimensional standards. b. Documentation showing the type and color of exterior building material shall be submitted and shall be the same or similar quality "exterior building material,” meaning exterior finish and color, between the accessory building and the principal building. 3. Any exterior lighting on the site shall be consistent with the standards established in the Zoning Ordinance. 4. Whenever, within one year after granting a conditional use or interim use permit, the use as allowed by the permit shall not have been initiated or utilized, then such permit shall become null and void, unless a petition is filed for an extension of time in which to complete or utilize the use that was approved by the City Council. 5. The City may revoke the Conditional Use Permit for the site if all permits and required work to comply with approvals from other local, state, and federal permits is not completed. 6. The applicant shall pay all fees related to the application and enforcement of the CUP. 7. The applicant shall secure any and all applicable and necessary permits required from local, state, and federal entities prior to work on the site. Attachments: A. Location Map B. Zoning Map C. Winslow CUP Application D. Winslow CUP Application Materials E. Draft Resolution Agenda Page 12 37 6.2 © Bolton & Menk, Inc - Web GIS 0 Legend Location Map This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Albertville is not responsible for any inaccuracies herein contained. Disclaimer: 9/4/2025 10:51 AM 263 Feet City Limits Centerlines Interstate Highway CSAH Local Road Parcels (07/02/2024) Protected Waters WRCO_2018 Red: Band_1 Green: Band_2 Blue: Band_3 ATTACHMENT A Agenda Page 13 Subject PropertyATTACHMENT BAgenda Page 14 08/12/2025 08/21/2025 09/09/2025 10/06 OR 10/20 2025-009PM 300 1500 101-081-001120001012ALBERT VILLAS 3RD ADDN SAME AS OWNER ATTACHMENT C Agenda Page 15 Agenda Page 16 ATTACHMENT DAgenda Page 17 Agenda Page 18 Agenda Page 19 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2025-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 192 SQUARE FOOT DETACHED ACCESSORY BUILDING AT LOT 12, BLOCK 1, ALBERTVILLAS THIRD ADDITION, WRIGHT COUNTY, MINNESOTA. WHEREAS, Tanner Winslow, the owner, has made a Conditional Use Permit application to allow for the construction of a 192 sq. ft. detached accessory building at 5053 Kahl Avenue Northeast, the property described as follows: Lot 12, Block 1, ALBERTVILLAS THIRD ADDITION, WRIGHT COUNTY, MINNESOTA. WHEREAS, the Planning Commission reviewed the Conditional Use Permit request at a duly noticed Public Hearing on September 5, 2025, and recommended approval of the request; and WHEREAS, the accessory building is not in conflict with the Comprehensive Plan; and WHEREAS, the proposed accessory building meets performance standards of the Albertville Zoning Code; and WHERAS, where the proposed accessory building is not consistent with the Albertville Zoning Code, conditions have been included to address the inconsistencies; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of Albertville, Wright County, Minnesota, hereby approves the conditional use permit for a 192 square foot detached accessory structure at 5053 Kahl Avenue Northeast 61st, based on the following findings: 1. The proposed use is consistent with the official city comprehensive plan and the goals for residential land. 2. The proposed use is and will be compatible with other uses in the R1-A and PUD zoning districts. 3. The proposed use is generally consistent with the performance standards within the Zoning Ordinance. Where the application is not consistent, conditions have been included to address the inconsistencies. a. There is a demonstrated need and potential for a continued use of the structure and the applicant has stated the purpose of the building is storage. Storage of equipment and personal property is a reasonable use on a residential lot. b. The building has an evident reuse or function related to the principal use in providing storage. c. The proposed structure appears compatible with adjacent residential uses and does not present a hazard to public health, safety, and general welfare. ATTACHMENT E Agenda Page 20 City of Albertville Resolution No. 2025-XX Meeting of October 6, 2025 Page 2 d. The required minimum lot size for the R1-A zoning district is 15,000 sq. ft., for a maximum size of accessory structure of 1,500 sq. ft. The principal dwelling is 976 sq. ft. according to Wright County records. The proposed accessory building is 192 sq. ft. and does not exceed either as allowed by the Zoning Code. e. The rear yard is approximately 23,961 sq. ft., and includes a large wetland, for approximately 10,112 sq. ft. of upland area. The proposed 192 sq. ft. building is less than 25% of both of these areas, 5,990 sq. ft. and 2,528 sq. ft., respectively. f. The proposed 192 sq. ft. accessory building and existing 640 sq. ft. garage total an area of 832 sq. ft. g. The lot does not share a rear or side lot line with Cedar Creek Golf Course. h. The lot is part of a subdivision approved as a planned unit development that was granted flexibility for lot area, but the lot meets the minimum area requirements for the R1-A district. i. The lot is not a substandard residential lot. j. The proposed accessory building shall be located at least 10 ft. from side lot lines, 10 ft. from rear lot line, five feet from all other buildings and structures on the lot, 30 ft. from wetlands, and shall not encroach on recorded easements. k. The proposed activities shall be in compliance with the provisions of subsection 400.2F. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. The proposed use is similar to surrounding use and an allowed use in the R-1A zoning district. 5. The proposed use is not expected to have any more demand on public services than the current use of the site. 6. The proposed use shall not have a meaningful impact on traffic. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The location and layout of structures and facilities on the lot shall be substantially consistent with the plans submitted to the city and reviewed with this request with the exception of where revisions are required with this approval. 2. Before a building permit may be issued the following is required: a. The site plan shall be revised to show the proposed structure setback 10 ft. from the south side lot line and consistent with all other dimensional standards. b. Documentation showing the type and color of exterior building material shall be submitted and shall be the same or similar quality "exterior building material,” meaning exterior finish and color, between the accessory building and the principal building. 3. Any exterior lighting on the site shall be consistent with the standards established in the Zoning Ordinance. 4. Whenever, within one year after granting a conditional use or interim use permit, the use as allowed by the permit shall not have been initiated or utilized, then such permit shall become null and void, unless a petition is filed for an extension of time in which to complete or utilize the use that was approved by the City Council. Agenda Page 21 City of Albertville Resolution No. 2025-XX Meeting of October 6, 2025 Page 3 5. The City may revoke the Conditional Use Permit for the site if all permits and required work to comply with approvals from other local, state, and federal permits is not completed. 6. The applicant shall pay all fees related to the application and enforcement of the CUP. 7. The applicant shall secure any and all applicable and necessary permits required from local, state, and federal entities prior to work on the site. Adopted by the City Council of the City of Albertville this 6th day of October 2025. ___________________________ Jillian Hendrickson, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk Agenda Page 22 Planning Commission Request for Recommendation September 9, 2025 ACTION REQUESTED The Planning Commission is asked to conduct a public hearing and make a recommendation to the City Council on an Ordinance Amendment to the Zoning Ordinance regarding permissibility of temporary outdoor seasonal sales. BACKGROUND Staff have identified a standard within the Zoning Ordinance that staff believes is inconsistent with the intent of the City Council and current practices. Temporary outdoor seasonal sales are defined within the Zoning Ordinance as: TEMPORARY OUTDOOR SEASONAL SALES: The temporary sale of agricultural produce, Christmas trees, flowers and the like sold and conducted by the operators of a legitimate, established business within the appropriate zoning district in the city. City licensed mobile food units and food carts as defined in section 4-4-2 of the city code do not fall within this definition, and are exempt from temporary outdoor seasonal sale requirements as provided in section 1000.22 of this ordinance. Temporary outdoor seasonal sales are currently allowed as a permitted use in the B-2, B-2A, B- 3, and B-4 zoning districts. Based on the temporary nature of the use and it being directly related to another businesses staff believe that temporary outdoor seasonal sales are an accessory use. Further, the city has issued temporary seasonal sales for non-agricultural items such as sheds or trailers/recreational vehicles. ORDINANCE AMENDMENT The following text includes the existing code language (italics), added text (red and underlined), and stricken text (red and struckthrough) as well as staff’s consideration of the proposed changes. Chapter 200: RULES AND DEFINITIONS: “200.2: DEFINITIONS: The following words and terms, wherever they occur in this ordinance, shall be interpreted as herein defined: TEMPORARY OUTDOOR SEASONAL SALES: The temporary sale of agricultural TO: Chair Buhrmann and Members of the Planning Commission FROM: Jenni Faulkner, Consultant Planner T.J. Hofer, Consultant Planner AGENDA ITEM: Public Hearing for Ordinance Amendment Relating to the Regulation of Temporary Sales Agenda Page 23 Planning Commission Request for Recommendation – September 9, 2025 Planning – Ordinance Amendment for Temporary Outdoor Seasonal Sales Page 2 of 5 produce, Christmas trees, flowers, or other equipment or goods and the like sold and conducted by the operators of a legitimate, established business within the appropriate zoning district in the city. City licensed mobile food units and food carts as defined in section 4-4-2 of the city code do not fall within this definition, and are exempt from temporary outdoor seasonal sale requirements as provided in section 1000.22 of this ordinance. There is a historic need to allow both temporary outdoor seasonal sales of products beyond agricultural products and to allow operates that are outside of the city to perform temporary outdoor seasonal sales. Without the term defined, “operators of a legitimate, established business,” has no real impact or enforceability, so staff is recommending the language related to it is struck. Chapter 1000: General Building and Performance Standards “1000.22: TEMPORARY OUTDOOR SEASONAL SALES: Temporary outdoor seasonal sales may be permitted in any business zoning district; provided, that the following minimum criteria are complied with: A. A permit application form, fee, as established in section 3-1-3 of the city code. B. A site plan illustrating the location and compliance with the following criteria shall be submitted to the city administrator who is hereby authorized to review and approve permits for temporary outdoor seasonal sales, provided the following criteria are established: 1. The maximum term of operation shall be fourteen (14) sixty (60) consecutive days, with a maximum of two (2) permits per calendar year for a property. 2. An interim use permit may be issued for a maximum term of operations greater than fourteen (14) consecutive days. 3. No portion of the use shall take place within any public right of way or landscaped green strip. 4. Parking and display areas associated with the use shall not distract or interfere with existing business operations or traffic circulation patterns. 5. Display areas and parking spaces shall use those parking lot spaces that are in excess of the minimum required parking for the primary use of that property. 6. The site shall be kept in a neat and orderly manner, and display of items shall be as compact as possible so as to not interfere with existing business, parking or driveway operations. 7. Sales products, trailers, temporary stands, etc., shall be located on an asphalt or concrete surface as approved in the administrative permit. 8. Temporary outdoor seasonal sales uses (with a valid administrative permit) may have one on site temporary sign not to exceed twenty four (24) square feet in area and not more than twelve feet (12') in height 1 . 9. The owner/operator shall have the written permission of the current property owner to locate the use on a specific site. 10. A daily cleanup program shall be presented as part of the administrative permit application. 11. Those temporary outdoor seasonal sales uses that are determined by the city administrator not to be consistent with the intent of the city code or comprehensive plan may be appealed pursuant to the process outlined in chapter 600 of this ordinance Agenda Page 24 Planning Commission Request for Recommendation – September 9, 2025 Planning – Ordinance Amendment for Temporary Outdoor Seasonal Sales Page 3 of 5 Staff is recommending lowering the consecutive days allowed by right for temporary outdoor seasonal sales, but allowing greater periods of time through an interim use permit (IUPs). IUPs allow the city a large amount of discretion in setting terms and conditions for uses and will allow the city to establish appropriate standards and conditions as needed. Chapter 4300: B-2 LIMITED BUSINESS DISTRICT “4300.2: PERMITTED USES The following are permitted uses in a B-2 district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4300.3: ACCESSORY USES: The following are permitted accessory uses in a B-2 district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4300.5: INTERIM USES: The following are interim uses in a B-2 district, subject to additional requirements set forth in this ordinance: "Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance, exceeding 14 days.” Chapter 4350: B-2 SPECIAL BUSINESS DISTRICT “4350.2: PERMITTED USES The following are permitted uses in a B-2A district, subject to additional requirements set forth in this ordinance and except as otherwise provided in section 4350.4 of this chapter: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4350.3: ACCESSORY USES: The following are permitted accessory uses in a B-2A district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4350.5: INTERIM USES: The following are interim uses in a B-2A district, subject to additional requirements set forth in this ordinance: "Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance, exceeding 14 days.” Agenda Page 25 Planning Commission Request for Recommendation – September 9, 2025 Planning – Ordinance Amendment for Temporary Outdoor Seasonal Sales Page 4 of 5 Chapter 4400: B-3 HIGHWAY COMMERCIAL DISTRICT “4400.2: PERMITTED USES The following are permitted uses in a B-3 district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4400.3: ACCESSORY USES: The following are permitted accessory uses in a B-3 district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4400.5: INTERIM USES: The following are interim uses in a B-3 district, subject to additional requirements set forth in this ordinance: "Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance, exceeding 14 days.” Chapter 4500: B-4 GENERAL BUSINESS DISTRICT “4500.2: PERMITTED USES The following are permitted uses in a B-4 district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4500.3: ACCESSORY USES: The following are permitted accessory uses in a B-4 district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4500.5: INTERIM USES: The following are interim uses in a B-4 district, subject to additional requirements set forth in this ordinance: "Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance, exceeding 14 days.” Agenda Page 26 Planning Commission Request for Recommendation – September 9, 2025 Planning – Ordinance Amendment for Temporary Outdoor Seasonal Sales Page 5 of 5 Review Consideration The Zoning Ordinance states that the Planning Commission shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan. 2. The proposed use is or will be compatible with present and future land uses of the area. 3. The proposed use conforms with all performance standards contained herein. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. 5. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. 6. Traffic generation by the proposed use is within the capabilities of streets serving the property. Staff believes that the proposed ordinance amendment is consistent with the review considerations and will help clarify standards within the zoning ordinance. Temporary seasonal sales will be considered accessory to a use on the site and meet the regulations of the permit as outlined in Section 1000.22. Changes to the duration and clarification of what may be sold temporarily will assist with limiting land use impacts. Compliance with Comprehensive Plan The Zoning Ordinance must be consistent with the Albertville Comprehensive Plan. The above standards are not directly related to the Comprehensive Plan. RECOMMENDATION: It is respectfully requested that Chair Buhrmann and Members of the Planning Commission consider the following: MOTION TO: Recommend approval of the ordinance amendment to Chapters 200, 1000, 4300, 4350, 4400, and 4500 of the Zoning Ordinance, relating to the permissibility of temporary outdoor seasonal sales. Attachments: A. Zoning Map B. Section 1000.22 of the Zoning Ordinance C. Section 4300.2 and 4300.3 of the Zoning Ordinance D. Section 4350.2 and 4350.3 of the Zoning Ordinance E. Section 4400.2, 4400.3, and 4400.5 of the Zoning Ordinance F. Section 4500.2 and 4500.3 of the Zoning Ordinance G. Draft Ordinance H. Temporary Seasonal Sales Research from Neighboring Cities Agenda Page 27 ATTACHMENT AAgenda Page 28 1000.22: TEMPORARY OUTDOOR SEASONAL SALES: Temporary outdoor seasonal sales may be permitted in any business zoning district; provided, that the following minimum criteria are complied with: A permit application form, fee, as established in section 3-1-3 of the city code, and a site plan illustrating the location and compliance with the following criteria shall be submitted to the city administrator who is hereby authorized to review and approve permits for temporary outdoor seasonal sales, provided the following criteria are established: A. The maximum term of operation shall be sixty (60) consecutive days, with a maximum of two (2) permits per calendar year for a property. B. No portion of the use shall take place within any public right of way or landscaped green strip. C. Parking and display areas associated with the use shall not distract or interfere with existing business operations or traffic circulation patterns. D. Display areas and parking spaces shall use those parking lot spaces that are in excess of the minimum required parking for the primary use of that property. E. The site shall be kept in a neat and orderly manner, and display of items shall be as compact as possible so as to not interfere with existing business, parking or driveway operations. F. Sales products, trailers, temporary stands, etc., shall be located on an asphalt or concrete surface as approved in the administrative permit. G. Temporary outdoor seasonal sales uses (with a valid administrative permit) may have one on site temporary sign not to exceed twenty four (24) square feet in area and not more than twelve feet (12') in height 1 . H. The owner/operator shall have the written permission of the current property owner to locate the use on a specific site. I. A daily cleanup program shall be presented as part of the administrative permit application. J. Those temporary outdoor seasonal sales uses that are determined by the city administrator not to be consistent with the intent of the city code or comprehensive plan may be appealed pursuant to the process outlined in chapter 600 of this ordinance. (Ord. 1988-12, 12-19-1988; amd. Ord. 1999-8, 10-19-1999; Ord. 2010-002, 7-19-2010; Ord. 2017-01, 1-3-2017; Ord. 2024- 05, 10-21-2024) Notes 1 1. See also subsection 10-7-7B of the city code. ATTACHMENT B Agenda Page 29 4300.2: PERMITTED USES: The following are permitted uses in a B-2 district, subject to additional requirements set forth in this ordinance: Bakery goods and baking of goods for retail sales on the premises. Essential services as regulated by chapter 2100 of this ordinance. Government and public related utility buildings and structures. Liquor sales, off sale. Office business - clinical. Office business - general. Personal services. Personal wireless service antennas located upon a public structure, including necessary equipment buildings, as regulated by chapter 2500 of this ordinance. Public parking garage. Retail business. Service business - on site. Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance. Thrift stores/secondhand dealers having a building floor area of two thousand five hundred (2,500) square feet or less with all receipt of goods, processing of goods and disposal of the unusable goods occurring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-31, 11-3-2003; Ord. 2021-10, 6-21-2021; Ord. 2024-08, 12-2-2024) 4300.3: ACCESSORY USES: The following are permitted accessory uses in a B-2 district, subject to additional requirements set forth in this ordinance: Accessory and secondary use antennas with a single support structure not to exceed seventy feet (70') including radio and television receiving antennas, single satellite dish TVROs two meters (2m) or less in diameter, shortwave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by chapter 2500 of this ordinance. Adult uses - accessory, as regulated by chapter 2800 of this ordinance. Commercial or business buildings and structures for a use accessory to the principal use, but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use. Off street loading as regulated by chapter 1300 of this ordinance. Off street parking as regulated by chapter 1200 of this ordinance, but not including semitrailer trucks. Open or outdoor display of merchandise for sale or rent as an accessory use; provided, that: A. Outdoor display of merchandise connected with the principal use is limited to ten percent (10%) of the gross floor area of the principal building or tenant bay, as applicable. B. The use does not take up parking space as required for conformity to this ordinance. C. The outdoor display area is hard surfaced with bitumen or concrete. D. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor display area by providing minimum clear passage zone for pedestrians at the perimeter of the outdoor display area which shall be at least four feet (4') without interference from parked motor vehicles, curbs, trash receptacles, or light standards. (Ord. 1988-12, 12- 19-1988; amd. Ord. 2003-31, 11-3-2003) ATTACHMENT C Agenda Page 30 4350.2: PERMITTED USES: The following are permitted uses in a B-2A district, subject to additional requirements set forth in this ordinance and except as otherwise provided in section 4350.4 of this chapter: Animal veterinary clinics (small animal) (with no overnight care), as regulated by chapter 2300 of this ordinance. Bakery goods and baking of goods for retail sales on the premises. Essential services as regulated by chapter 2100 of this ordinance. Government and public related utility buildings and structures. Hospitality business. Liquor sales, off sale. Office business - clinical. Office business - general. Personal services. Personal wireless service antennas located upon a public structure, including necessary equipment buildings, as regulated by chapter 2500 of this ordinance. Recreational businesses. Restaurant. Retail business. Service business - off site. Service business - on site. Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance. Thrift stores/secondhand dealers having a building floor area of two thousand five hundred (2,500) square feet or less with all receipt of goods, processing of goods and disposal of unusable goods occuring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-32, 11-3-2003; Ord. 2007-05, 5-21-2007; Ord. 2021-10, 6-21-2021; Ord. 2024- 08, 12-2-2024) 4350.3: ACCESSORY USES: The following are permitted accessory uses in a B-2A district, subject to additional requirements set forth in this ordinance: Accessory and secondary use antennas with a single support structure not to exceed seventy feet (70') including radio and television receiving antennas, single satellite dish TVROs two meters (2m) or less in diameter, shortwave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by chapter 2500 of this ordinance. Adult uses - accessory, as regulated by chapter 2800 of this ordinance. Commercial or business buildings and structures for a use accessory to the principal use, provided such use shall not exceed thirty percent (30%) of the gross floor space of the principal use. Off street loading as regulated by chapter 1300 of this ordinance. Off street parking as regulated by chapter 1200 of this ordinance, but not including semitrailer trucks. Open or outdoor display of merchandise for sale or rent as an accessory use; provided, that: A. Outdoor display of merchandise connected with the principal use is limited to ten percent (10%) of the gross floor area of the principal building or tenant bay, as applicable. B. The use does not take up parking space as required for conformity to this ordinance. C. The outdoor display area is surfaced with bitumen. D. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor display area by providing the following: 1. Outdoor display area shall be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods. 2. Minimum clear passage zone for pedestrians at the perimeter of the outdoor display area shall be at least five feet (5') without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, ATTACHMENT D Agenda Page 31 streetlights, parking meters, or the like. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-32, 11-3-2003) Agenda Page 32 4400.2: PERMITTED USES: The following are permitted uses in a B-3 district, subject to additional requirements set forth in this ordinance: Adult uses - principal, as regulated by chapter 2800 of this ordinance. Animal veterinary clinics with overnight care, as regulated by chapter 2300 of this ordinance. Bakery goods and baking of goods for retail sales on the premises. Essential services, as regulated by chapter 2100 of this ordinance. Government and public utility buildings and structures. Hospitality business. Liquor sales, off sale. Office business - clerical. Office business - general. Personal services. Personal wireless service antennas located upon a public structure, including necessary equipment buildings, as regulated by chapter 2500 of this ordinance. Public parking garage. Recreational business. Restaurant. Retail business. Service business - off site. Service business - on site. Temporary outdoor seasonal sales, as regulated by section 1000.22 of this ordinance. Thrift stores/secondhand dealers having a building floor area of two thousand five hundred (2,500) square feet or less with all receipt of goods, processing of goods and disposal of the unusable goods occurring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-33, 11-3-2003; Ord. 2007-05, 5-21-2007; Ord. 2021-10, 6-21-2021; Ord. 2024- 08, 12-2-2024) 4400.3: ACCESSORY USES: The following are permitted accessory uses in a B-3 district, subject to additional requirements set forth in this ordinance: Accessory and secondary use antennas with a single support structure not to exceed seventy feet (70') including radio and television receiving antennas, single satellite dish TVROs two meters (2m) or less in diameter, shortwave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by chapter 2500 of this ordinance. Adult uses - accessory, as regulated by chapter 2800 of this ordinance. Commercial or business buildings and structures for a use accessory to the principal use, provided such use shall not exceed thirty percent (30%) of the gross floor space of the principal use. Off street loading, as regulated by chapter 1300 of this ordinance. Off street parking, as regulated by chapter 1200 of this ordinance, but not including semitrailer trucks. Open or outdoor display of merchandise for sale or rent as an accessory use; provided, that: A. Outdoor display of merchandise connected with the principal use is limited to twenty percent (20%) of the gross floor area of the principal building or tenant bay, as applicable. B. The use does not take up parking space as required for conformity to this ordinance. C. The outdoor display area is surfaced with bitumen. D. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor display area by providing the following: 1. Outdoor display area shall be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods. ATTACHMENT E Agenda Page 33 2. Minimum clear passage zone for pedestrians at the perimeter of the outdoor display area shall be at least five feet (5') without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, streetlights, parking meters, or the like. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-33, 11-3-2003) 4400.5: INTERIM USES: Cannabis Delivery Service. Cannabis delivery services are allowed as an accessory use to a cannabis retail sales establishment or a lower potency hemp retail establishment with an interim use permit, subject to the following standards: A. Must be licensed bv the State of Minnesota as a Cannabis Delivery Service and in compliance with the standards set by the Office of Cannabis Management. B. The use must meet all other B- 3 District performance standards listed in Chapter 4400 of this chapter. C. Fleet vehicle parking will be permitted outside of the principal structure but may not occupy parking, spaces required for employees or customers. D. Fleet vehicle parking must be screened in accordance with Chapter 1000.7 of the Zoning Ordinance. E. Fleet vehicle parking may not occupy any required parking spaces. F. All delivery and loading areas must be screened from view of the public street or adjacent properties. G. Signage. A maximum of two fixed signs, including freestanding and wall signs, is permitted per site. All signage must meet the size and location requirements of Title 10 Chapter 7 of the Code of Ordinances. H. Off-street parking requirements shall be met per Chapter 1200 of this chapter. I. Off-street loading requirements shall be met per Chapter 1300 of this chapter. Cannabis Sales Low Potency Hem Sales Retail. Asa principal or accessory use retail cannabis and low potency hemp sales are allowed with an interim use permit„ subject to the following standards: A. Must be licensed by the State of Minnesota as a Cannabis Retailer and/or Lower Potency Hemp Retailer and in compliance with the standards set by the Office of Cannabis Management. B. Must be registered with the City of Albertville. C. Buffer Required: 1. The City of Albertville shall prohibit the operation of a cannabis business within one thousand feet (1,000') of a school. 2. The City of Albertville shall prohibit the operation of a cannabis business within five hundred feet (500') of a daycare. 3. The City of Albertville shall prohibit the operation of a cannabis business within five hundred feet (500') of a residential treatment facility. 4. The City of Albertville shall prohibit the operation of a cannabis business within five hundred feet (500') of an attraction within a public park that is regularly used by minors, including a playground or athletic field. 5. Pursuant to Minn. Stat. 462.357, subd. 1e nothing in this Section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone. D. The use must meet all other B-3 District performance standards listed in Chapter 4400 of this chapter. E. Hours of operation are limited to ten o’clock (10:00) A.M. to nine o’clock (9:00) P.M. F. Signage. All signage must meet the size and location requirements of Title 10. G. Lighting shall meet the requirements of Chapter 1000.10 of this chapter. H. No outdoor storage or display of equipment or merchandise is permitted. Outdoor storage of vehicles associated with the use may be permitted with a Conditional Use Permit issued in accordance with Chapter 4400.4. I. No onsite consumption is permitted. J. Temporary Cannabis events may be permitted administratively pursuant to Title 4-11 for retail locations not in violation of City Code. K. Off-street parking requirements shall be met per Chapter 1200 of this chapter. L. Off-street loading requirements shall be met per Chapter 1300 of this chapter. (Ord. 2024-13, 12-16-2024) Agenda Page 34 4500.2: PERMITTED USES: The following are permitted uses in a B-4 district, subject to additional requirements set forth in this ordinance: Adult uses - principal, as regulated by chapter 2800 of this ordinance. Animal veterinary clinics (with no overnight care), as regulated by chapter 2300 of this ordinance. Bakery goods and baking of goods for retail sales on the premises. Essential services, as regulated by chapter 2100 of this ordinance. Government and public related utility buildings and structures. Hospitality business. Liquor sales, off sale. Office business - clinic. Office business - general. Personal wireless service antennas located upon a public structure, including necessary equipment buildings, as regulated by chapter 2500 of this ordinance. Personnel service. Public parking garages. Recreational business. Restaurant - general. Retail business. Service business - off site. Service business - on site. Tattoo parlors/body piercing. Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance. Thrift stores/secondhand dealers having a building floor area of two thousand five hundred (2,500) square feet or less with all receipt of goods, processing of goods and disposal of the unusable goods occurring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-34, 11-3-2003; Ord. 2007-05, 5-21-2007; Ord. 2021-10, 6-21-2021; Ord. 2024- 08, 12-2-2024) 4500.3: ACCESSORY USES: The following are permitted accessory uses in a B-4 district, subject to additional requirements set forth in this ordinance: Accessory and secondary use antennas with a single support structure not to exceed seventy feet (70') including radio and television receiving antennas, single satellite dish TVROs two meters (2m) or less in diameter, shortwave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by chapter 2500 of this ordinance. Adult uses - accessory, as regulated by chapter 2800 of this ordinance. Commercial or business buildings and structures for a use accessory to the principal use, provided such use shall not exceed thirty percent (30%) of the gross floor space of the principal use. Off street loading, as regulated by chapter 1300 of this ordinance. Off street parking, as regulated by chapter 1200 of this ordinance, but not including semitrailer trucks. Open or outdoor display of merchandise for sale or rent as an accessory use; provided, that: A. Outdoor display of merchandise connected with the principal use is limited to ten percent (10%) of the gross floor area of the principal building or tenant bay, as applicable. B. The use does not take up parking space as required for conformity to this ordinance. C. The outdoor display area is surfaced with bitumen. D. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor display area by providing the following: 1. Outdoor display area shall be segregated from through pedestrian circulation by means of temporary fencing, ATTACHMENT F Agenda Page 35 bollards, ropes, plantings, or other methods. 2. Minimum clear passage zone for pedestrians at the perimeter of the outdoor display area shall be at least five feet (5') without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, streetlights, parking meters, or the like. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-34, 11-3-2003) Agenda Page 36 Page 1 10/XX/2025 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2025-___ AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE AND ZONING ORDINANCE RELATING TO THE STANDARDS AND PERMISSIBILITY OF TEMPORARY OUTDOOR SEASONAL SALES WITHIN THE CITY The City Council of the City of Albertville, Minnesota, hereby ordains: Section One: Appendix A: City of Albertville Zoning Ordinances, Chapter 200: Rules and Definitions of the Albertville City Code is hereby amended, inserting the following language: “200.2: DEFINITIONS: The following words and terms, wherever they occur in this ordinance, shall be interpreted as herein defined: TEMPORARY OUTDOOR SEASONAL SALES: The temporary sale of agricultural produce, Christmas trees, flowers, or other equipment or goods and the like sold and conducted by the operators of a legitimate, established business within the appropriate zoning district in the city. City licensed mobile food units and food carts as defined in section 4-4-2 of the city code do not fall within this definition, and are exempt from temporary outdoor seasonal sale requirements as provided in section 1000.22 of this ordinance.” Section Two: Appendix A: City of Albertville Zoning Ordinances, Chapter 1000: General Building and Performance Standards of the Albertville City Code is hereby amended, inserting the following language: “1000.22: TEMPORARY OUTDOOR SEASONAL SALES: Temporary outdoor seasonal sales may be permitted in any business zoning district; provided, that the following minimum criteria are complied with: A. A permit application form, fee, as established in section 3-1-3 of the city code. B. A site plan illustrating the location and compliance with the following criteria shall be submitted to the city administrator who is hereby authorized to review and approve permits for temporary outdoor seasonal sales, provided the following criteria are established: 1. The maximum term of operation shall be fourteen (14) sixty (60) consecutive days, with a maximum of two (2) permits per calendar year for a property. 2. No portion of the use shall take place within any public right of way or landscaped green strip. 3. Parking and display areas associated with the use shall not distract or interfere with existing business operations or traffic circulation patterns. ATTACHMENT G Agenda Page 37 Page 2 10/XX/2025 4. Display areas and parking spaces shall use those parking lot spaces that are in excess of the minimum required parking for the primary use of that property. 5. The site shall be kept in a neat and orderly manner, and display of items shall be as compact as possible so as to not interfere with existing business, parking or driveway operations. 6. Sales products, trailers, temporary stands, etc., shall be located on an asphalt or concrete surface as approved in the administrative permit. 7. Temporary outdoor seasonal sales uses (with a valid administrative permit) may have one on site temporary sign not to exceed twenty four (24) square feet in area and not more than twelve feet (12') in height 1 . 8. The owner/operator shall have the written permission of the current property owner to locate the use on a specific site. 9. A daily cleanup program shall be presented as part of the administrative permit application. 10. Those temporary outdoor seasonal sales uses that are determined by the city administrator not to be consistent with the intent of the city code or comprehensive plan may be appealed pursuant to the process outlined in chapter 600 of this ordinance.” Section Three: Appendix A: City of Albertville Zoning Ordinances, Chapter 4300: B-2 Limited Business District of the Albertville City Code is hereby amended, inserting the following language: “4300.2: PERMITTED USES The following are permitted uses in a B-2 district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4300.3: ACCESSORY USES: The following are permitted accessory uses in a B-2 district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4300.5: INTERIM USES: The following are interim uses in a B-2 district, subject to additional requirements set forth in this ordinance: "Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance, exceeding 14 days.” Agenda Page 38 Page 3 10/XX/2025 Section Four: Appendix A: City of Albertville Zoning Ordinances, Chapter 4350: B-2A Special Business District of the Albertville City Code is hereby amended, inserting the following language: “4350.2: PERMITTED USES The following are permitted uses in a B-2A district, subject to additional requirements set forth in this ordinance and except as otherwise provided in section 4350.4 of this chapter: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4350.3: ACCESSORY USES: The following are permitted accessory uses in a B-2A district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4350.5: INTERIM USES: The following are interim uses in a B-2A district, subject to additional requirements set forth in this ordinance: "Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance, exceeding 14 days .” Section Five: Appendix A: City of Albertville Zoning Ordinances, Chapter 4400: B-3 Highway Commercial District of the Albertville City Code is hereby amended, inserting the following language: “4400.2: PERMITTED USES The following are permitted uses in a B-3 district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4400.3: ACCESSORY USES: The following are permitted accessory uses in a B-3 district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4400.5: INTERIM USES: The following are interim uses in a B-3 district, subject to additional requirements set forth in this ordinance: "Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance, exceeding 14 days.” Agenda Page 39 Page 4 10/XX/2025 Section Six: Appendix A: City of Albertville Zoning Ordinances, Chapter 4500: B-4 General Business District of the Albertville City Code is hereby amended, inserting the following language: “4500.2: PERMITTED USES The following are permitted uses in a B-4 district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4500.3: ACCESSORY USES: The following are permitted accessory uses in a B-4 district, subject to additional requirements set forth in this ordinance: Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance.” “4500.5: INTERIM USES: The following are interim uses in a B-4 district, subject to additional requirements set forth in this ordinance: "Temporary outdoor seasonal sales as regulated by section 1000.22 of this ordinance, exceeding 14 days.” Section Seven: This amendment shall be in full force and effective upon its passage and publication. Agenda Page 40 Page 5 10/XX/2025 Adopted by the City Council of the City of Albertville on this ___th day of October 2025. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 41 St. Michael: Outdoor Temporary Seasonal Sales: A short-term display and/or sale of seasonal products such as the following: Christmas trees, nursery products and horticulture products (fruits, vegetables, fiowers, shrubs and the like). • Interim use permit required • Duration will vary by permit Monticello: Seasonal Sales: No apparent deflnition Farmers Market: An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh fiowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site. Wayside Stand: A temporary structure or vehicle used for the seasonal retail sale of agricultural goods produced by the operator of the wayside stand; the stand being clearly a secondary use of the premises which does not change the character thereof. • Interim use permit required • Seasonal sales: 60 days per permit; 120 days per calendar year • Farmer’s market: 5 months on single site • Wayside stands: No more than 3 days in one site per week Rogers: Seasonal Agricultural Business: A seasonal business not exceeding six months in any calendar year operated on a rural farm as deflned offering for sale to the general public, produce or any derivative thereof, grown or raised on the property. • No permitting process given • Duration of 6 months ATTACHMENT H Agenda Page 42 Planning Commission Request for Recommendation September 9, 2025 ACTION REQUESTED The Planning Commission is asked to conduct a public hearing and make a recommendation to the City Council on an Ordinance Amendment to the Zoning Ordinance regarding driveway standards. BACKGROUND City staff are aware of a number of properties and inquires in the past related to the size of driveways in front yards. Staff have identified concerns about driveway within yards and right- of-way that can impact drainage and stormwater management concerns. Aesthetic controls also are relevant to controlling for paved locations and where parking and storage of vehicles occurs. “Driveway” is not defined within the Zoning Ordinance, but in effect driveways are made up of the access from the street and the off-street parking facility on a residential lot. Access and off- street parking are regulated by standards established in Chapter 1200. The current standards that impact location are: • No off street parking within 15 ft. of any street surface. • Required accessory off street parking shall not be provided in required front yards or in required side yards in the case of corner lots in R-1, R-2, R-3, and R-4 districts. • Required off street parking areas for one- and two-family uses must be located in: o Side yards o Rear yards o Garages o Carports o A well defined driveway • Parking in excess of the required minimum established in the ordinance (2 enclosed spaces per unit) may be located in an area not to exceed 12 ft. in width abutting the driveway on one side only in the front yard. Staff have created an exhibit to show the existing standards. TO: Chair Buhrmann and Members of the Planning Commission FROM: Jenni Faulkner, Consultant Planner T.J. Hofer, Consultant Planner AGENDA ITEM: Public Hearing for Ordinance Amendment Relating to the Regulation of Driveways Agenda Page 43 Planning Commission Request for Recommendation – September 9, 2025 Planning – Ordinance Amendment for Driveway Standards Page 2 of 7 ORDINANCE AMENDMENT The following text includes the existing code language (italics), added text (red and underlined), and stricken text (struckthrough) as well as staff’s consideration of the proposed changes. Chapter 200: RULES AND DEFINITIONS: “200.2: DEFINITIONS: The following words and terms, wherever they occur in this ordinance, shall be interpreted as herein defined: DRIVEWAY: A paved or unpaved access strip of land providing a vehicular connector between the public right-of-way of the street and the parking space or garage of a private or public property, and in conformance with the parking requirements of this ordinance.” A definition for driveway is not include in the Zoning Ordinance currently. Proposed standards that are detailed below reference driveway and as such, staff believe defining the term is beneficial. Additional definitions for “parking” and “storage” were discussed by staff, but ultimately not included. If the Planning Commission believes the terms would benefit from definitions, language can be included. Agenda Page 44 Planning Commission Request for Recommendation – September 9, 2025 Planning – Ordinance Amendment for Driveway Standards Page 3 of 7 Chapter 1000: GENERAL BUILDING AND PERFORMANCE REQUIREMENTS: “1000.15: OUTSIDE STORAGE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES: A. All outside storage of materials and equipment for residential uses (excluding farms) shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: a. Side yard storage: (1) All permitted recreational vehicle storage must be on an area surfaced with asphalt, concrete or crushed rock with a border that prevents erosion. (2) All permitted recreational vehicle storage must be set back at least two feet (2') from the property line. Staff noted in review of the standards that a two foot setback from a property line is very small and conflicts with drainage and utility easements. The Planning Commission should discuss if the standard should be changed. (3) All permitted recreational vehicle storage within a side yard shall be located directly adjacent to the garage with direct access from the existing driveway. The access to the storage area shall be surfaced with asphalt, concrete or crushed rock. “Directly” is proposed to clarify that additional storage or parking area must be immediately adjacent to the garage. This is further defined in the amendments to 1200.6 below. (4) Outdoor storage pads may be constructed within public utility and drainage easements provided that: The standards correlates with the above standard in A. b. (2). If the setback is increased, then these standards are unnecessary. (A) Permitted recreational vehicle or trailer storage shall not interfere with stormwater drainage or divert stormwater to neighboring properties. (B) No parking pad shall be located within a drainage or utility easement without written permission of the city engineer. (C) Removal of a parking pad or a portion thereof for the purpose of utilizing an established drainage and utility easement shall be at the property owner’s expense and will not be replaced by the city. (5) On a corner lot, all permitted recreational vehicle storage must be set back at least twenty feet (20') from the property line abutting a street right of way. c. Rear yard storage: (1) All permitted recreational vehicle storage must be set back at least five feet (5') ten feet (10’) from the rear lot line and five feet (5') from the side lot line(s) if not on a paved surface. (2) Permitted recreational vehicle storage shall not interfere with stormwater drainage or be located over an existing utility and may be subject to the review and approval of the zoning administrator.” Agenda Page 45 Planning Commission Request for Recommendation – September 9, 2025 Planning – Ordinance Amendment for Driveway Standards Page 4 of 7 Rear yard storage does not require a paved or gravel surface and can be located anywhere on the lot as shown on the exhibit above. The Planning Commission should discuss if this is the intended standard. Chapter 1200: OFF STREET PARKING REQUIREMENTS: “1200.6: Location All accessory off street parking facilities, as required by this ordinance, shall be located and restricted as follows: A. Required accessory off street parking shall be on the same lot and under the same ownership as the principal use being served, except under the provisions of sections 1200.10 and 1200.11 of this chapter. B. Except for single-family, two-family, townhouse and quadraminium dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. C. There shall be no off street parking within fifteen feet (15') of any street surface. D. The boulevard portion of the street right of way shall not be used for parking. E. Required accessory off street parking shall not be provided in required front yards or in required side yards in the case of corner lots in R-1, R-2, R-3, and R-4 districts. F. Residential Standards 1. The Rrequired minimum off street parking areas for one- single-family (including manufactured housing), and two-family, townhouse, and quadraminium units uses shall be in enclosed spaces. shall be in the rear yard, side yards, other than a required side yard, garage, carport, and upon a well defined driveway. The minimum parking spaces required for these use established in 1200.9 which requires two enclosed parking spaces. 2. Required accessory off street parking shall not be provided in required front yards or in required side yards in the case of corner lots in R-1, R-2, R-3, and R-4 districts. This standard was moved to consolidate residential standards. 3. A parking space Parking in excess of that specifically the required minimum parking spaces by this ordinance may be located allowed in rear yard, side yards, garage or other approved accessory structure, and upon a well-defined driveway provided the parking is located on an improved surface as required in 1200.4. in an area not to exceed twelve feet (12') in width abutting the driveway on one side only in the front yard. This standard was reworded to separate some standards and for clarity. 4. Driveways shall not: a. Exceed twenty-four feet (24’) in width while crossing a drainage and utility easement in the front yard. b. Exceed the minimum width needed to serve the garage where the driveway terminates. Agenda Page 46 Planning Commission Request for Recommendation – September 9, 2025 Planning – Ordinance Amendment for Driveway Standards Page 5 of 7 Driveway sizes in the front yard have been an ongoing issue for the city. Currently, the code allows for additional parking spaces adjacent to the driveway if it is limited in its width to 12 ft., however, nothing establishes a standards for the width of a driveway. Staff have prepared an exhibit for this standard. 5. Parking spaces in excess of the minimum requirements as required by this ordinance are allowed provided the following: a. Location. The excess parking stalls may be located in: (1) A driveway meeting requirements of this Code. (2) An area abutting the driveway on one side only in the front yard. (3) An area directly connected to the driveway and within the side yard, abutting a garage. b. Size. The excess parking areas may not exceed twelve feet (12’) in width. c. Material. The excess parking area shall be surfaced with either concrete or asphalt. In cases where the excess parking abuts an existing gravel driveway, gravel may be used for such additional parking. This section has largely been reworded and reorganized for usability, but remains largely the same as existing language with the addition of 5. a. (3). These changes restrict parking to a limited area illustrated below, however, this does not change the storage standards detailed previously in the report. Agenda Page 47 Planning Commission Request for Recommendation – September 9, 2025 Planning – Ordinance Amendment for Driveway Standards Page 6 of 7 G. The parking area designated in the front yard abutting the driveway shall be surfaced with either concrete, asphalt or, in cases of existing gravel driveways, gravel may be used for such additional parking. F. Commercial vehicle parking stalls shall not be located in the front or side yards abutting a street of commercial lots. ” Review Consideration The Zoning Ordinance states that the Planning Commission shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan. 2. The proposed use is or will be compatible with present and future land uses of the area. 3. The proposed use conforms with all performance standards contained herein. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. 5. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. 6. Traffic generation by the proposed use is within the capabilities of streets serving the property. Agenda Page 48 Planning Commission Request for Recommendation – September 9, 2025 Planning – Ordinance Amendment for Driveway Standards Page 7 of 7 Staff believes that the proposed ordinance amendment is consistent with the review considerations and will help clarify standards within the zoning ordinance. Certain aspects of existing or proposed language are detailed above with notes from staff that discussion may be beneficial. Staff has summarized the various issues below: • Definitions for driveway, parking, and storage. • Setback requirements for storage of recreational vehicles. • Unimproved areas used for storage of recreational vehicles. • Allowed sizes of residential driveways. • Location of excess parking above minimum requirements on residential sites. The Planning Commission could also include restrictions on the maximum amount of driveway and parking area in the front yards that would be permitted such as 33% of the front yard. However, staff believes the proposed changes should in effect limit the amount of driveway/hard surface coverage in the front yard similarly and having a coverage maximum on smaller lots may be problematic and create unintentional non-conformities. Compliance with Comprehensive Plan The Zoning Ordinance must be consistent with the Albertville Comprehensive Plan. The above standards are not directly related to the Comprehensive Plan. RECOMMENDATION: It is respectfully requested that Chair Buhrmann and Members of the Planning Commission consider the following: MOTION TO: Recommend approval of the ordinance amendment to Section 200, 1000, and 1200 of the Zoning Ordinance, relating to the regulation of residential exterior storage and driveways. Attachments: A. Zoning Map B. Section 1000.15 of the Zoning Ordinance C. Section 1200.6 of the Zoning Ordinance D. Draft Ordinance Agenda Page 49 ATTACHMENT AAgenda Page 50 1000.15: OUTSIDE STORAGE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES: A. All outside storage of materials and equipment for residential uses (excluding farms) shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: 1. Clothesline pole and wire. 2. Not more than two (2) recreational vehicles, subject to the following conditions: a. Front yard storage: (1) All permitted recreational vehicle storage must be on a driveway or paved surface. (2) All permitted recreational vehicle storage must be set back at least fifteen feet (15') from the back of the curb and may not extend into any sidewalk area. (3) Permitted recreational vehicle storage shall not interfere with stormwater drainage or be located over an existing utility and may be subject to the review and approval of the zoning administrator. b. Side yard storage: (1) All permitted recreational vehicle storage must be on an area surfaced with asphalt, concrete or crushed rock with a border that prevents erosion. (2) All permitted recreational vehicle storage must be set back at least two feet (2') from the property line. (3) All permitted recreational vehicle storage within a side yard shall be located adjacent to the garage with direct access from the existing driveway. The access to the storage area shall be surfaced with asphalt, concrete or crushed rock. (4) Outdoor storage pads may be constructed within public utility and drainage easements provided that: (A) Permitted recreational vehicle or trailer storage shall not interfere with stormwater drainage or divert stormwater to neighboring properties. (B) No parking pad shall be located within a drainage or utility easement without written permission of the city engineer. (C) Removal of a parking pad or a portion thereof for the purpose of utilizing an established drainage and utility easement shall be at the property owner’s expense and will not be replaced by the city. (5) On a corner lot, all permitted recreational vehicle storage must be set back at least twenty feet (20') from the property line abutting a street right of way. c. Rear yard storage: (1) All permitted recreational vehicle storage must be set back at least five feet (5') from the rear lot line and five feet (5') from the side lot line(s) if not on a paved surface. (2) Permitted recreational vehicle storage shall not interfere with stormwater drainage or be located over an existing utility and may be subject to the review and approval of the zoning administrator. 3. Construction and landscaping material currently being used on the premises. 4. On and off-street parking of currently registered and operable passenger vehicles and trucks with a classification of vehicle classes 1-3, with the exception for one (1) class 4 recreational vehicle that is stored on a residential lot in compliance with Section 1000.15.A.2 of the Albertville code. 5. Lawn furniture or furniture used and constructed explicitly for outdoor use. 6. Rear or side yard exterior storage of firewood for the purpose of consumption only by the person or persons on whose property it is stored. 7. Temporary storage containers including, but not limited to, cargo containers, portable on demand storage units, and dumpsters, are not allowed as permanent storage structures. Temporary storage containers being used for household relocation and improvement projects are permitted subject to the following conditions: a. The temporary storage container is enclosed and secure. b. The temporary storage container is located on a property for no more than thirty (30) consecutive days in one calendar year, unless there is an active building permit in place for the property, in which case the temporary storage container may be located on the property for no more than ninety (90) consecutive days. c. The temporary storage container is located on a driveway or hard surface area in the front yard, must be setback a minimum of fifteen feet (15') from the public street curb and five feet (5') from a private street curb, and five feet (5') from side property lines, and may not intrude on sidewalks. d. No permit is required for the temporary storage container. The city may require information appertaining to the dates upon which the temporary storage container was placed on a property and when it will be removed if concerns are ATTACHMENT B Agenda Page 51 raised over the duration of time during which the storage container is located on the property. 8. Residential dumpster bags being used for household relocation and improvement projects are permitted subject to the following conditions: a. The residential dumpster bag is located on a property for no more than fourteen (14) consecutive days in one calendar year, unless there is an active building permit in place for the property, in which case the residential dumpster bag may be located on the property for no more than ninety (90) consecutive days. b. The residential dumpster bag must be setback a minimum of five feet (5') from the public street curb and five feet from a private street curb, and five feet (5') from side property lines, and may not intrude on sidewalks. c. No permit is required for the residential dumpster bag. The city may require information pertaining to the dates upon which the residential dumpster bag was placed on a property and when it will be removed if concerns are raised over the duration of time during which the residential dumpster bag is located on the property. B. Except as allowed by district use provisions, outside storage of equipment, materials and inventory as an accessory use for commercial and industrial uses shall require a conditional use permit subject to the provisions of chapter 400 of this ordinance. In addition, all nonresidential outside storage shall conform to the following conditions: 1. The area occupied is not within a required front or required side yard. 2. The storage area is totally fenced, fully screened and landscaped according to a plan approved by the zoning administrator, and a landscape guarantee, as determined by the zoning administrator, is provided. 3. If abutting a residential district or use, screening and landscaping is provided according to a plan approved by the zoning administrator. 4. The storage area is grassed or surfaced with asphalt, concrete, or crushed rock (concrete or granite) to control dust. Should an area surfaced with anything other than hard surfacing prove to be unmaintainable, the city shall require that a hard surface be installed within three (3) months of formal written notice to the property owner. 5. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with section 1000.10 of this chapter. 6. The storage area does not encroach upon required public or employee parking space(s), required loading space, or snow storage area as required by this ordinance. 7. A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the city engineer. 8. Parking in excess of the required number of parking stalls per Section 1200.9 of the Albertville zoning Code shall be considered outdoor storage for the purpose of calculating the total area of allowed for outdoor storage. 9. The ratio of outdoor storage area to principal building footprint shall not exceed 3: 1. C. All new uses shall comply with the foregoing procedures and standards. For the purpose of public health and safety, any outside storage existing upon the effective date hereof shall be brought into compliance (including required review and processing by the city) no later than January 1, 1995. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-11, 9-20-1993; Ord. 2004-02, 1-5-2004; Ord. 2015-02, 5-18-2015; Ord. 2021-13, 10-18-2021; Ord. 2022-03, 3-7-2022; Ord. 2022-08, 6-20-2022; Ord. 2022-16, 12-5-2022 ; Ord. 2023-08, 7-17-2023 ) Agenda Page 52 1200.6: LOCATION: All accessory off street parking facilities, as required by this ordinance, shall be located and restricted as follows: A. Required accessory off street parking shall be on the same lot and under the same ownership as the principal use being served, except under the provisions of sections 1200.10 and 1200.11 of this chapter. B. Except for single-family, two-family, townhouse and quadraminium dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. C. There shall be no off street parking within fifteen feet (15') of any street surface. D. The boulevard portion of the street right of way shall not be used for parking. E. Required accessory off street parking shall not be provided in required front yards or in required side yards in the case of corner lots in R-1, R-2, R-3, and R-4 districts. F. Required off street parking areas for one- and two-family uses shall be in the rear yard, side yards, other than a required side yard, garage, carport, and upon a well defined driveway. A parking space in excess of that specifically required by this ordinance may be located in an area not to exceed twelve feet (12') in width abutting the driveway on one side only in the front yard. The parking area designated in the front yard abutting the driveway shall be surfaced with either concrete, asphalt or, in cases of existing gravel driveways, gravel may be used for such additional parking. G. Commercial vehicle parking stalls shall not be located in the front or side yards abutting a street of commercial lots. (Ord. 1988-12, 12-19-1988; amd. 2005 Code; Ord. 2007-02, 3-19-2007) ATTACHMENT C Agenda Page 53 Page 1 10/XX/2025 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2025-___ AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE AND ZONING ORDINANCE RELATING TO THE REGULATION OF RESIDENTIAL EXTERIOR STORAGE AND RESIDENTIAL DRIVEWAYS WITHIN THE CITY The City Council of the City of Albertville, Minnesota, hereby ordains: Section One: Appendix A: City of Albertville Zoning Ordinances, Chapter 200: Rules and Definitions of the Albertville City Code is hereby amended, inserting the following language: “200.2: DEFINITIONS: The following words and terms, wherever they occur in this ordinance, shall be interpreted as herein defined: TEMPORARY OUTDOOR SEASONAL SALES: The temporary sale of agricultural produce, Christmas trees, flowers, or other equipment or goods and the like sold and conducted by the operators of a legitimate, established business within the appropriate zoning district in the city. City licensed mobile food units and food carts as defined in section 4-4-2 of the city code do not fall within this definition, and are exempt from temporary outdoor seasonal sale requirements as provided in section 1000.22 of this ordinance.” Section Two: Appendix A: City of Albertville Zoning Ordinances, Chapter 1000: General Building and Performance Requirements of the Albertville City Code is hereby amended, inserting the following language: “1000.15: OUTSIDE STORAGE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES: A. All outside storage of materials and equipment for residential uses (excluding farms) shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: a. Side yard storage: (1) All permitted recreational vehicle storage must be on an area surfaced with asphalt, concrete or crushed rock with a border that prevents erosion. (2) All permitted recreational vehicle storage must be set back at least two feet (2') from the property line. (3) All permitted recreational vehicle storage within a side yard shall be located directly adjacent to the garage with direct access from ATTACHMENT D Agenda Page 54 Page 2 10/XX/2025 the existing driveway. The access to the storage area shall be surfaced with asphalt, concrete or crushed rock. (4) Outdoor storage pads may be constructed within public utility and drainage easements provided that: (A) Permitted recreational vehicle or trailer storage shall not interfere with stormwater drainage or divert stormwater to neighboring properties. (B) No parking pad shall be located within a drainage or utility easement without written permission of the city engineer. (C) Removal of a parking pad or a portion thereof for the purpose of utilizing an established drainage and utility easement shall be at the property owner’s expense and will not be replaced by the city. (5) On a corner lot, all permitted recreational vehicle storage must be set back at least twenty feet (20') from the property line abutting a street right of way. c. Rear yard storage: (1) All permitted recreational vehicle storage must be set back at least five feet (5') ten feet (10’) from the rear lot line and five feet (5') from the side lot line(s) if not on a paved surface. (2) Permitted recreational vehicle storage shall not interfere with stormwater drainage or be located over an existing utility and may be subject to the review and approval of the zoning administrator.” Section Three: Appendix A: City of Albertville Zoning Ordinances, Chapter 1200: Off Street Parking Requirements of the Albertville City Code is hereby amended, inserting the following language: “1200.6: Location All accessory off street parking facilities, as required by this ordinance, shall be located and restricted as follows: A. Required accessory off street parking shall be on the same lot and under the same ownership as the principal use being served, except under the provisions of sections 1200.10 and 1200.11 of this chapter. B. Except for single-family, two-family, townhouse and quadraminium dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. C. There shall be no off street parking within fifteen feet (15') of any street surface. D. The boulevard portion of the street right of way shall not be used for parking. E. Required accessory off street parking shall not be provided in required front yards or in required side yards in the case of corner lots in R-1, R-2, R-3, and R-4 districts. Agenda Page 55 Page 3 10/XX/2025 F. Residential Standards 1. The Rrequired minimum off street parking areas for one- single-family (including manufactured housing), and two-family, townhouse, and quadraminium units uses shall be in enclosed spaces. shall be in the rear yard, side yards, other than a required side yard, garage, carport, and upon a well defined driveway. 2. Required accessory off street parking shall not be provided in required front yards or in required side yards in the case of corner lots in R-1, R-2, R-3, and R-4 districts. 3. A parking space Parking in excess of that specifically the required minimum parking spaces by this ordinance may be located allowed in rear yard, side yards, garage or other approved accessory structure, and upon a well-defined driveway provided the parking is located on an improved surface as required in 1200.4. in an area not to exceed twelve feet (12') in width abutting the driveway on one side only in the front yard. 4. Driveways shall not: a. Exceed twenty-four feet (24’) in width while crossing a drainage and utility easement in the front yard. b. Exceed the minimum width needed to serve the garage where the driveway terminates. 5. Parking spaces in excess of the minimum requirements as required by this ordinance are allowed provided the following: a. Location. The excess parking stalls may be located in: (1) A driveway meeting requirements of this Code. (2) An area abutting the driveway on one side only in the front yard. (3) An area directly connected to the driveway and within the side yard, abutting a garage. b. Size. The excess parking areas may not exceed twelve feet (12’) in width. c. Material. The excess parking area shall be surfaced with either concrete or asphalt. In cases where the excess parking abuts an existing gravel driveway, gravel may be used for such additional parking. G. The parking area designated in the front yard abutting the driveway shall be surfaced with either concrete, asphalt or, in cases of existing gravel driveways, gravel may be used for such additional parking. F. Commercial vehicle parking stalls shall not be located in the front or side yards abutting a street of commercial lots.” Section Four: This amendment shall be in full force and effective upon its passage and publication. Agenda Page 56 Page 4 10/XX/2025 Adopted by the City Council of the City of Albertville on this ___th day of October 2025. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 57