Agenda - Planning Commission - 11/05/2009

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CASE # t . Public Hearing REQUEST FOR A HOME OCCUPATION PERMIT TO OPERATE A CONCRETE AND MASONRY CONTRACTOR SERVICE AT 14750 AZURITE CT NW; CASE OF CURTIS A KRIENS By: Tim Gladhill, Associate Planner Background: The City has received an application from CurtisA. Kriens, (d.b.a. CKC) fQr a home occupation permit to operate a concrete contractor business at 15740 Azurite CtNW. On June 25~ 2009, City responded to an illegal burn call on the Subject Property. During the response, it was noted that it appeared that a concrete contractor was operating on the Subject Property, and that the. level of operation appeared to beyond the parameters allowed by City Code. On July 23,2009, the City inspected the Subject Property for compliance with,hOIlle occupation regulations. . Notification: In accordance with State statute, Staff notified property owners within 350 feet ofthe Subject Property of the Public Hearing. Observations: The Subject Property is approximately 3.63 acres in size and zoned R-'l Rural Developing. The zoning is not proposed to change with the draft Comprehensive Plan Update. There Subject Property currently has three (3) accessory structures. The attached garage is currently used for primary residential purposes, with the exception of a s~all piece of equipment related to the home occupation. A detached garage located further back on the property is used prinlarily for business purposes. A small shed is also located in the rear yard, accessory to the home, according to the Applicant. The lot sizes of the Subject Property and adjoining parcels, as well as surrounding land uses and environmentally sensitive areas differ from previous requests granted of this nature. The Subject Property is well screened,. which Staff recommends will satisfy' 0ff-street parking requirements for commercial vehicles. It is very difficult toobserve the home occupation from the street. The outside storage,' or exterior evidence, is what triggers the need for the request to be approved by City Council, per 9.11.04 Subd. 1.f. Staff recommends that all storage of materials shall be 'limited to only what is able to be accoinmodated by indoor storage. The Applicant has stated that miscellaneous for lumber, block, and brick will be necessary to. be store on the Subject Property. City Staff has responded to issues related to filling of wetlands as well as burying and burning of construction materials in the past. Clean-up from the improper disposal of materials came at a substantial cost to the City. A bill of services for this clean-up is included for review. In addition, the Applicant is currently in violation of the Wetland Conservation Act (WCA), and is subject to enforcem~nt by the Anoka Conservation District. The Applicant has requested Burning Permits from the Fire Department in the past, considered accessory to the primary use of the Subject Property. This accessory use is largely from clearing of v egetat ion on the Subject Property, as permitted by City Code. However, City staff has noted building materials, showing evidence of being related to the home occupation, that were placed as part of the burn. City . staff cannot support disposal of building materials related to the home occupation in this manner. Cio/ Code Section 9.11.04 states that a home occupation is permitted if requirements of Subd. 1 and 2 are met and the peace, quiet, and domesti~ tranq~iIity of the residential neighborhood are. protected. Parcels 1