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<br />Case #5: <br /> <br />Request for a Home Occupation Permit for a Motor Vehicle Repair Service <br />at 6830 150th Avenue NW; Case of Anatoliy Loginov <br /> <br />Associate Planner Gladhill reviewed the staff report. <br /> <br />Applicant Zinaida Loginov, 6830 1 50th Avenue NW, appeared before the City Council. <br /> <br />Councilmember Wise asked if there have been neighborhood complaints regarding the business. <br /> <br />Associate Planner Gladhill replied there has been only one complaint ,received via the Code <br />enforcement system that a business was being run out of a home. He added there was not a lot of <br />feedback at the public hearing. <br /> <br />Councilmember Dehen stated he felt that businesses should not be in residential areas for a <br />number of reasons, including noise issues, aesthetics, traffic issues, and the effect it has on the <br />neighborhood property values. He indicated this type of business is not appropriate in this area <br />and this request is beyond what he deems to be reasonable. <br /> <br />Councilmember McGlone recited several terms from the glossary of terms relative to zoning <br />issues, including down zoning where a use goes from a higher to a lower intensity use such as <br />from industrial to residential. He felt if the City continues on this path, it will be doing the <br />opposite, i.e., turning residential into industrial. He discussed the definitions of home occupation <br />and public nuisance, as well as the Anoka County hazardous waste ordinance, which contains <br />definitions of hazardous waste. He indicated the City should not be allowing this in its <br />residential districts and the issue speaks directly to the City's Zoning Code. <br /> <br />City Attorney Goodrich reminded the City Council that there is a home occupation section in the <br />City Code. He stated by virtue of this provision being in the Code, the City needs to review <br />these requests with the intent of allowing applicants to present their position and be heard. He <br />indicated with respect to accessory structures, the intent regarding accessory structures is to <br />allow a property owner the opportunity to operate a low profile business within an attached or <br />detached structure; the question for the Council is whether this is a low profile business within an <br />attached or detached accessory structure and if they comply with the ordinance, they have a right <br />to operate their business. <br /> <br />Councilmember Elvig expressed concern about automotive work being done on site and noted <br />that the permit conditions include a provision that the applicant must comply with all applicable <br />permit requirements, including Anoka County permit requirements. <br /> <br />Councilmember Wise stated if the neighbors aren't complaining about the business, the City <br />. should not get in the way of their business. He asked if the permit includes an annual review. <br /> <br />City Attorney Goodrich replied that the permit is temporary to the extent that the permit is issued <br />only to the permittees and only as long as. they comply with the conditions of the permit. He <br />stated the permit includes a specific provision regarding violations and the permit can be revoked <br />similar to a conditional use permit He added there is a standard provision contained in the <br /> <br />City Council / August 25, 2009 <br />Page 9 of 19 <br />