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REQU3gST FOR A ZONING'AMENDENT TO CHAPTER 9 <br />SECTION 9.11.04 HOME OCCUAPTIONS <br /> CASE OF LO,N2NY MENARD <br /> By: Mega.n. Wald, Associate Planner <br /> <br />Background: <br /> <br />StatS; the applicant, and the Planning Commission have been diligently working on writing a <br />Home Occupation Ordinance for the past several months. At the July Planning Commission <br />meeting, the Planning Commission asked that staff and the applicant, .Lormy Menard, work <br />together to write an ordinance that is able to achieve both the City's and the applicant's goals. <br /> <br />Observations: <br /> <br />Staff and Mr. Menard's attorney have exchanged several emails and ideas in order to accomplish <br />a workable Home Occupation Ordinance. The applicant desires for the ordinance to contain a <br />"list" of permitted businesses that would be allowed in garages or detached accessory buildings. <br />Staff has suggested to the Planning Commission that it is impossible to "list" every business that <br />could be compatible with a residential neighborhood. The enclosed ordinance is a proposed <br />solution to the past ordinance disconnect between staff and the applicant. <br /> <br />Staff inserted paragraph d under Subdivision 4, Accessory Structure Home Occupations. The <br />paragraph provides a specific list of businesses that the Planning Commission and City Council <br />may consider for properties that are 10 acres in size or greater and are located in either the Rural <br />Preserve or Rural Developing area. <br /> <br />The businesses listed may not necessarily be desirable on parcels that are 3-5 acres in size, <br />however they may not adversely affect the-residential character on a l0 acre parcel. It should <br />also be noted that the businesses ~isted are derived from inquires the applicant receives for his <br />1 O-acre parcel he is actively marketing and from inquires staff receives from residents interested <br />in locating their business at their homestead. <br /> <br />Recommendation: <br /> <br />Home Occupation Ordinance: As part of Chapter 9 rewrite, staff planned on requesting <br />direction fi:om the Planning Commission and the City Council on how to address requests from <br />residents to operate a business from an accessory structure. Mr. Menard expedited this process <br />by applying tbr a Zoning Amendment requesting the City change the Home .Occupation <br />Ordinance to allow for businesses operations witkin an accessory structure in order to provide a <br />solution to his personal situation. <br /> <br />It would appear that after several months of researching Home Occupation Ordinances in other. <br />cities, through the League of Minnesota Cities and other Planning guidebooks, discussing the <br />issue with the Planning Commission, and working with Mr. Menard, the enclosed Home <br />Occupation Ordinance is ready for the Planning Commission to review and make a <br />recommendation to the City Council. <br /> <br />Lonny Menard's situation: <br /> <br />Mr. Menard constructed an accessory structure many years ago for the purpose 05' operating a <br />commercial business. The accessory structure is located on a 10-acre parcel and the property <br /> <br />29 <br /> <br /> <br />