Agenda - Council - 08/25/2009 - Laserfiche WebLink

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CASE # 5 REQUEST FOR A HOME OCCUPATION PERMIT FOR A MOTOR VEHICLE REPAIR SERVICE AT 6830 150TH AVE NW; CASE OF ANATOLIY LOGINOV By: Tim Gladhill, Associate Planner Background: On June 12, 2009, the City received an application from Anatoliy Loginov for a home occupation permit to establish a motor vehicle repair service located at 6830 150t' Ave NW. City Code sets out parameters that all Home Occupations (Subdivision 1 of the ordinance) in addition to Home Occupations eligible for administrative approval (Subdivision 2 of the ordinance) shall abide by. Any home occupation proposing to operate beyond the parameters of Subd. 1 or 2 of this ordinance shall be processed in accordance with procedures established for Conditional Use Permits. Notification: In accordance with State statute, Staff attempted to notify property owners within 350 feet of the subject property of the public hearing. Observations: On March 16, 2009, the City received an Ordinance Complaint regarding an auto body repair shop and siding company being operated on the Subject Property. City Staff verified the home occupation and noted definite indications of auto body repair and painting occurring within the accessory structure. In addition, Staff found several inoperable vehicles behind a screened area on the side of the home. Staff issued a notice to the Property Owner to terminate the auto body repair business until the City could review an application for a home occupation permit due to concerns with hazardous materials in a residentially zoned area. The Applicant is now proposing to only operate a motor vehicle repair service. The subject property is less than one acre in size. The subject properly currently has one accessory structure and a majority of the yard is screened by a privacy fence. The Applicant would like to use the accessory structure for motor vehicle repair as outlined in the proposed Findings of Fact. Vehicular traffic trips would not be able to exceed two (2) trips per hour per standard business day or 16 trips within a 24 hour period. The applicant does not anticipate exceeding this threshold. The applicant has stated that trips consist of customers dropping vehicles off for repair. City Code stipulates that a home occupation permit will not be permitted if the density and lot sizes in the surrounding neighborhood are determined to be incompatible with the proposed business operation. It is staffs opinion that the nature of proposed business operation and the size of the subject property and surrounding properties make the operation incompatible with the surrounding residential neighborhood. During the most recent amendments to the Home Occupation Ordinance, it appeared that this would be a type of use that would not be considered for a home occupation. Subd. I of the ordinance states that "the home occupation shall not include operations related to internal combustion engines, body shops, ammunition manufacturing, motor vehicle repairs or sale, or any other objectionable uses as determined by the Zoning Administrator". It is Staff's recommendation that automotive repair is not compatible with