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

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REQUEST FOR A HOME OCCUPATION PERMIT; CASE OF DAVID AND JEAN HAUAN By: Amber G. Miller, Planning Manager Background: CASE # On June 12, 2009, the City received an application from David and Jean Hauan, (dba Dave's Custom Digging) for a home occupation permit to operate a septic repair and maintenance and general excavation business at 16341 Jarvis Street NW. 'City Code sets out parameters that all Home Occupations (Subdivision 1 of the ordinance) in addition to Home Occupations *eligible foradministrative 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: In June a code complaint was issued with the complainant stating there was an unregistered business being run out of a home in a residential district. Staff investigated and it was discovered that a business was being operated on'the subject property. This home occupation has been in operation for some time, and the City has not received any other complaints to date. Last year, City Council approved an amendment to the home occupation permit to allow for many home occupations to be approved administratively. However, it is staff s opinion that the level of activity on the site operates beyond the paraineters stated in City Code and therefore necessitates the application to be processed in accordance with procedures established for conditional use permits, pursuant to City Code Section 9.11.04 (Home Occupations). There is significant outside storage of equipment and vehicles as well as some bundles of pipe and fittings alongside the shop in the back and some small stockpiling of black sand. City Code Section 9.11.04 states that a home occupation is permitted if said business is low intensity, and does not adversely affect the character of the residential neighborhood. Parcels of this size are allowed three (3) non-resident employees, pending approval of a home occupation permit. The subject property is approximately 5.63 acres in size. The property currently has two accessory structures on the site. One accessory structure is currently used for residential purposes only. The second accessory structure further back on the property is used primarily for business purposes. Vehicular traffic trips are not 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