Agenda - Planning Commission - 07/10/2003

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REQUEST FOR A ZONING AMENDENT TO CHAPTER 9 SECTION 9.11.04 HOME OCCUAPTIONS CASE OF LONNY MENARD By: Megan Wald, Associate Planner Background: Lonny Menard resides at 8900 181st Avenue. In 1985 Mr. Menard constructed a 4,800 square foot accessory structure on a vacant parcel he owns to the west. In 1986 the City passed an ordinance prohibiting the construction of accessory structures on a property that does not contain a principal dwelling unit, therefore the accessory structure is considered legal non-conforming. Mr. Menard has also been operating a commercial business from the structure since it's construction. City Code states that home occupations must be carried on within the principal dwelling and not in attached or detached accessory structures. Since 1990,~ the 'City has not been accepting applications for businesses to operate in accessory structures. However, in the year 2000 the City accepted a conditional use permit request from Barrett's Woodworking to operate a cabinet shop in Mr. Menard's accessory structure in an attempt to gain control of a non-conforming structure and its use. The City Council denied the request stating the proposed' business was looking for growth and that did not seem to be compatible with the surrounding residential neighborhood. The City received a conditional use permit request from North Suburban Steel in 2001 to operate a low intensive steel warehouse business, in the accessory structure. The City Council denied the request due to the fact that a warehouse is too intensive for the residential district' and approving a commercial business without the existence of a residential home did not seem to be a compatible use to the existing residential neighborhood. The Menard's are still actively mar_keting the properties. Due to the large accessory structure Size and the absence of a residential h~me on the western parcel, most of the interested buyers are industrial or commercial users. City Code does not permit, home occupation permits to be granted for businesses that 'will operate in an accessory structure. Since the July 2002 adoption of the new residential districts, the City is no longer permitted to process conditional use permits for anything except religious institutions, commercial horse boarding, private dog kennels, commercial dog kennels, increase in accessory structure height/size, cemeteries, and essential service facilities. In an attempt to address Mr. Menard's situation, he is requesting that the City amend Chapter 9 to include provisions for business operations to be permitted in an accessory structure. Enclosed for your information are the following items: 1. Proposed Home Occupation Ordinance by Staff with Planning Commission comments included (June 5, 2003 draft) 2. Letter from Maret Moreland, Applicant's attorney, dated May 30, 2003 ' 3. Proposed Home Occupation Ordinance by Lonny Menard and his attorney Observations: The applicant is requesting that the City implement the following provisions into the Home Occupation section of City Code: