Agenda - Council - 11/09/2010 - Laserfiche WebLink

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CASE # —7,01 REQUEST FOR A HOME OCCUPATION PERMIT TO OPERATE A LAWN CARE AND LANDSCAPE SERVICE AT 14200 TUNGSTEN ST NW; CASE OF JUSTIN DAHL By: Tim Gladhill, Associate Planner Background: The City has received an application from Justin Dahl for a home occupation permit to operate a lawn care and landscape service at 14200 Tungsten St NW. The City received a Code Enforcement complaint regarding residential off-street parking related to commercial motor vehicles and commercial equipment. Notification: In accordance with State statute, Staff attempted to notify property owners within 350 feet of the Subject Property of the Public Hearing. Observations: The Subject Property is approximately 0.29 acres in size and zoned R-1 MUSA. The Subject Property currently has a detached accessory structure proposed to be used for storage of equipment related to the home occupation and minor maintenance of equipment. Staff would anticipate that some of this maintenance would include sharpening of blades, which does have the potential for noise complaints. The adjoining parcels are similar in size and zoning. This request is being forwarded to the Planning Commission and City Council for two reasons: • Off -Street Parking concerns (namely screening) • Number of Non-resident employees City Staff is less concerned with screening of the trailers than the number of employees that arrive on site. City Staff feels a six foot tall fence along the common property line on the south side of the Subject Property would be sufficient. This will also help screen the other commercial use equipment items, such as the skid steer. Non-resident employees currently either park in the public street, or sometimes in the driveway of the Subject Property. Staff believes certain checkpoints should be placed on the Subject Property by way of the Home Occupation Permit to prevent the operation from continuing to grow in such a manner that it would not be conducive to a residential area. The number of items (motor vehicles and equipment) appears to be the largest reason for the City receiving complaints regarding the Home Occupation. Provided that the Applicant can continue to ensure adequate parking on the driveway for non-resident employees, City Staff would be comfortable in recommending approval of this request. This request is based on the fact that the non-resident employees do not engage in activities related to the home occupation on the. Subject Property, but perform the services of the business off-site. City Code Section 117-351 states that a home occupation is permitted if requirements of Subd. 1 and 2 are met and the peace, quiet, and domestic tranquility of the residential neighborhood are protected. Parcels of this size are allowed one (1) non-resident employee, pending approval of a home occupation permit. The Applicant is not proposing four (4) non-resident employees. Non-resident employees travel to the Subject Property to pick up equipment. The Applicant is proposing four (4) vehicle trips per day, within City Code standards. Customers would not be on-site. Proposed hours of operation would be Monday through Friday from 6:30 a.m. to 8:30 p.m.