Agenda - Council - 02/24/2009 - Laserfiche WebLink

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CASE # INTRODUCE ORDINANCE TO AMEND DEFINITIONS OF PRIMARY RESDIENTIAL GARAGE & HOME OCCUPATION IN CITY CODE 9.02 (DEFINITIONS) By: AI Haugen, Management Intern Background: June 16, 2008 the Home Occupation Ordinance was amended to. include an administrative .permitting process and to relax the regulations for accessory structure home occupations.. This proposed ordinance will clarify the definition of Primary Residential Garage to reflect changes the changes that were made to 9.11.04 (Home Occupations). Notification: The Public Hearing was held on February 5, 2009 to consider amendments to Chapter 9.02 (Definitions) and was properly advertised in the official City newspaper. Observations: The current definition of Primary Residential Garage was used in the past to identify attached garages as separate from the principal dwelling, for the purpose of preventing home occupations from operating in attached garages on lots less than three acres in size. -Since June 16, 2008, home occupations have been permitted to operate in accessory structures (including attached garages) on lots of all sizes, with the issuance of ~a Home Occupation Permit, therefore making identification of attached garages as separate from principal dwellings unnecessary. {§9.02)(§9.11.04, subd.l.b.) The current home occupation ordinance requires 400 square feet of an accessory structure to be set aside for storage of vehicles and equipment accessory to the primary dwelling and not related to the home occupation. Any accessory structure space beyond the 400 square foot requirement may be used for Home Occupation operations. (§9.11.04, subd.l.e) The current definition of Home Occupation should be updated to be consistent with the current home occupation section.. Currently the Home Occupation definition is limited to the principal structure, when such operations are actually permitted in accessory structures or the dwelling. unit by the home'' occupation section. (§9.11.04, subd.l.b) The proposed amendments to the definitions of Primary Residential Garage and Home_ Occupation are meant to_remove any conflict or confusion with the current home occupation section. (§9.11.04) The proposed amendments to the definition of Primary Residential Garage will remove text identifying attached garages as not part of the dwelling unit.. On February 5, 2009 a Public Hearing was conducted on this proposed ordinance. No concerns were brought forth during the public hearing. The Planning Commission unanimously voted to recommend approval of this ordinance. Funding Source: All costs associated with processing the City Code amendments are handled through normal staff duties. -187-