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

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Mayor Ramsey stated this would help the City to connect a trail where it needs to be Motion by Councilmember Elvig, seconded by Councilmember Look, to Approve the Site Plan, contingent upon conformance with the City Staff Review Letter dated July 31, 2009, revised August 19, 2009. Motion carried. Voting Yes: Mayor Ramsey, Councilmembers Elvig, Look, Dehen, McGlone, and Wise. Voting No: None. Absent: Councilmember Jeffrey. Case #5: Request for a Home Occupation Permit for a Motor Vehicle Repair Service at 6830150th Avenue NW; Case of Anatoliy Loginov Associate Planner Gladhill reviewed the staff report. Applicant Zinaida Loginov, 6830 150`h Avenue NW, appeared before the City Council. Councilmember Wise asked if there have been neighborhood complaints regarding the business Associate Planner Gladhill replied there has been only one complaint received via the Code enforcement system that a business was being run out of a home. He added there was not a lot of feedback at the public heazing. Councilmember Dehen stated he felt that businesses should not be in residential azeas for a number of reasons, including noise issues, aesthetics, traffic issues, and the effect it has on the neighborhood property values. He indicated this type of business is not appropriate in this area and this request is beyond what he deems to be reasonable. Councilmember McGlone recited several terms from the glossazy of terms relative to zoning issues, including down zoning where a use goes from a higher to a lower intensity use such as from industrial to residential. He felt if the City continues on this path, it will be doing the opposite, i.e., turning residential into industrial. He discussed the definitions of home occupation and public nuisance, as well as the Anoka County hazardous waste ordinance, which contains definitions of hazardous waste. He indicated the City should not be allowing this in its residential districts and the issue speaks directly to the City's Zoning Code. City Attorney Goodrich reminded the City Council that there is a home occupation section in the City Code. He stated by virtue of this provision being in the Code, the City needs to review these requests with the intent of allowing applicants to present their position and be heard. He indicated with respect to accessory structures, the intent regarding accessory structures is to allow a property owner the opportunity to operate a low profile business within an attached or detached structure; the question for the Council is whether this is a low profile business within an attached or detached accessory structure and if they comply with the ordinance, they have a right to operate their business. City Council /August 25, 2009 Page 9 of 20