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PLANNING REPORT DATE: November 21, 2017 CASE: PSP17-0004, PSCI17-0002 SUBJECT: Site Plan and Special Use Permit to allow construction of a 10’ x 25’ addition, and incorporation of a 2nd cremation machine at 15 2nd AVE SE APPLICANT: Donald Wyland, on behalf of Pets Remembered REQUEST & BACKGROUND The applicant has made application for the following land use requests to facilitate construction of a 10’ x 25’, or 250 SF, addition to the existing industrial building at 15 2nd AVE SE: • Site Plan: Required in order to obtain a building permit for the addition. The purpose of the Site Plan is to ensure all building setbacks, floor area ratios, building height, and parking requirements are met. • Special Use Permit: Required in order to allow installation of a second cremation machine within the building. Pets Remembered is currently operating under a Special Use Permit that restricts the business to one cremation machine. This Special Use Permit would act as an amendment to the previously approved Special Use Permit. The applicant obtained a Special Use Permit on May 24, 2011 to operate a pet cremation business out of the existing building. This approval is documented in Resolution 2011-062 (attached). The Special Use Permit was contingent on conformance with 11 conditions. Condition #5 limits the business to only one cremation machine and condition #11 states that any expansion shall require review and approval of an amendment to the Special Use Permit. The original Special Use Permit from 2011 was controversial in the sense that the neighbors to the north, across the railroad tracks, voiced concerns regarding odors, traffic, property values, MPCA requirements, # of cremations that would be conducted in a day, disposal of ashes, and general dislike of the proposed pet cremation use. Extensive research was done by staff to ensure the cremation machine met MPCA guidelines and would not emit odors. In an effort to screen the business from the north, the applicant was required to install 12, six foot arborvitaes along the northern east/west property line. Initially, the neighbors complained these arborvitaes were not 6’ (they were 5 ½’) and that one died. The applicant explained they purchased the tallest arborvitae available from a reputable nursery (receipts were provided). These arborvitaes reached 6’ within their first year and the dead plants were replaced. In the last 5-6 years, no complaints have been received, staff is not aware of any odor issues, there has never been a fire at the business, nor have any other activities resulted in complaints. It should be noted, the original Special Use Permit from 2011 included a Site Plan to build a 20’ x 25’ addition to the east end of the building. The applicant ultimately withdrew the Site Plan request to build that addition out of neighbor concerns of “overdevelopment”. Lastly, the applicant intends to install the exact same cremation machine currently in operation. This is a single retort of hot hearth technology, model B & L 200. Additionally, the applicant intends to follow their original model of cremating animals one-at-a-time only. Staff reached out to MPCA staff and verified that no air permitting rules have changed since 2011 regarding these machines and the specifications of the B & L 200 are such that it is exempt from obtaining air permits.