Agenda - Planning Commission - 02/03/2011

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Regular Planning Commission Item #: 6. 1. Date: 02/03/2011 Information Title: Request for a Home Occupation Permit to Operate a Home Office for Carefree Home Services at 7830 149th Ln NW; Case of Michael Beach Background: On January 6, 2011, the City received an application for a Home Occupation Permit from Michael Beach to continue a home -based office to support the operation of Carefree Home Services. The City previously approved the operation as an Interim Use Permit on January 22, 2008, which is set to expire January 22, 2011. The previous application was approved under a previous ordinance regulating home occupations. The Applicant now has the ability to petition the City Council, following the procedures of a conditional use permit process, to operate home occupations that operate beyond certain parameters, such as the number of non - resident employees. Notification: Property Owners within 350 feet of the Subject Property were notified via Standard US Mail of the Public Hearing. The Public Hearing was properly notified in the Anoka County Union. Observations: The Beach family has been operating Carefree Home Services out of their home since 1990. Michael Beach is the owner of the Subject Property and owner /operator of Carefree Home Services. A complaint was made about parking at the home in 2007, which triggered the original review as an IUP. The original review revealed that there were clear indications of a home -based business. The IUP was approved at that time with the intention to allow the owner ample time to find an suitable alternative location to continue the office operations for Carefree Home Services. Since that time, the City approved amendments to the Home Occupation Ordinance to allow for flexibility in home -based businesses, including administrative approvals and City Council approval for home occupations operating beyond certain thresholds. The Subject Property is approximately one (1) acre, and thus, the Applicant would be allowed one (1) non - resident employee to work on the Subject Property and is permitted up to 20% of the gross living area of the dwelling unit for activities related to the Home Occupation. According the Applicant, Carefree Home Services is a home health care agency providing personal care services to clients in their homes. Employees provide these services at the clients' residence and do not come to the Subject Property for any required work; they are also supervised by a Supervising R.N's while working at the clients home. The Applicant has clients in the northern metro, Brainerd, and Mora. The Brainerd and Mora areas, which include roughly half of the clients and employees, are handled by managing personnel in those areas, and do not report to the Subject Property. The Applicant has only one non - resident employee coming in to the Subject Property daily and uses approximately 16% of the 2,662 square foot dwelling unit for the Home Occupation. Hours of operation are proposed to be from 8:30am to 5:OOpm Mon - Thurs, 8:30am to 1:OOpm on Friday, and closed Saturday and Sunday. A majority of the office operation done through the Subject Property is done by phone, mail, fax, or computer. File management, billing, and payroll for the whole company and staffing for the local area is done from the Subject Property. The Applicant does have the occasional person coming into the office to exchange paperwork, but this is proposed to be