Agenda - Planning Commission - 08/07/2003

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Associate Planner Wald advised that ~Staff has researched home occupation ordinances from surrounding cities and on May 1st made some recommendations to the Planning Commission for amendments to the Home Occupation Ordinance. She indicated the third subdivision, Accessory Structure Home Occupations, directly relates to Mr. Menard's zoning, amendment request. However, staff proposed several provisions that are different from the applicant's request. Associate Planner Wald explained that Staff obtained a copy of Brainerd's Home Occupation Permit and discussed the ordinance with their City Planner. Brainerd does not allow for businesses to be operated in accessory buildings, they only allow one non-resident employee, and the ordinance does not provide a list of permitted and non-permitted uses. She advised Home Extended Businesses are handled through a conditional use permit process in Brainerd and in order to be approved they must be 'clearly incidental and secondary to the residential use of the premises'. She further explained that on May 1st the Planning Commission directed staff to amend the draft ordinance to increase the minimum acreage requirements for Accessory Structure Home Occupation Permits. The revised ordinance proposes to require residents to own a minimum of three acres in order to apply for an Accessory Structure Home Occupation Permit. She also noted at the request of the Planning Commission, 'welding' was removed from Subd. 4(c). Associate Planner Wald indicated that per the Commission's request, the following table is an attempt to allow for an increase in the number of non-resident employees allowed to participate in the business operation based on parcel size. Acreage : 3-4.9 acres (130,680 - 213,444 square feet) 5-6.9 acres (217,800 - 300,564 square feet) 7-8.9 acres (304,920 - 387,684 square feet) 9-10+ acres (392,040 - 435,600+ square feet) Associate Planner Wald stated that at the request of Maret Moreland, Lonny Menard's attorney, the Plmming Commission tabled action at their June 5, 2003 meeting. She noted that included with this case is a copy of a Home Occupation Ordinance that Ms. Moreland wrote to directly address the interests and desires ofLonny Menard. She indicated a table had been constructed to summarize what Ms. Moreland is proposing compared to Staff's proposal and is included in the packet. Chairperson Nixt asked if this was still a public hearing. Associate Planner Wald stated the public hearing was closed in May and Staff was directed to research the issue. Ms. Moreland indicated the situation Mr. Menard has is a large parcel in a residential area. She stated he is trying to use the land to the best use. She indicated he has talked to buyers for the last 4 years, and they are trying to entertain options for things that have been proposed. She noted the biggest change to what staff is proposing is a list of permitted businesses. She stated Planning Commission/July 10, 2003 Page 3 of 21