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Councilmember McGlone introduced the following resolution and moved for its adoption: RESOLUTION #10 -11 -248 A RESOLUTION ADOPTING FINDINGS OF FACT #0880 RELATING TO A REQUEST FROM JUSTIN DAHL FOR A HOME OCCUPATION PERMIT TO OPERATE A LAWN CARE AND LANDSCAPING SERVICE ON THE PROPERTY LOCATED AT 14200 TUNGSTEN ST NW. WHEREAS, the City of Ramsey received an application from Justin Dahl requesting a home occupation permit to operate a lawn care and landscaping service in a dwelling unit and accessory structure located on the property generally known as 14200 Tungsten St NW and legally described as follows: Lot 4, Block 1, Chestnut Pond, City of Ramsey, Anoka County, Minnesota. (the "Subject Property") NOW THEREFORE, BE IT RESOLVED BY THIS CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA that the findings of fact relating to the request are determined to be as follows: 1. That on August 16, 2010, Justin Dahl, herein referred to as the "Applicant ", properly applied for a home occupation permit to operate a lawn care and landscaping service (the "Home Occupation ") in an accessory structure with outside storage and non - resident employees on the Subject Property. 2. That the Applicant appeared before the Ramsey Planning Commission for a public hearing pursuant to Section 117 -51 of the City Code on October 7, 2010, and that said public hearing was properly advertised. 3. That the Subject Property is zoned R -1 MUSA, and the surrounding parcels are also zoned R -1 MUSA. 4. That the Subject Property is approximately 0.29 acres and is surrounded by lots of similar sizes. 5. That the Applicant shall occupy and own the dwelling unit on the site of the Home Occupation. 6. That the Home Occupation is located in the accessory structure located on the Subject Property. 7. That the area set aside for the Home Occupation in the dwelling unit shall be approximately 12 %, under the 20% allowed by 117 -351 (Home Occupations). 8. That the area set aside for the Home Occupation in the accessory structure shall be shall not exceed total accessory build space or height allowed on the Subject Property, as established in 117 -349 (Accessory Uses & Buildings). 9. That there will not be at least 400 square feet of garage space will be reserved for indoor residential parking and storage related to the residential us on the Subject Property. 10. That the City finds there is exterior evidence of the existence of the Home Occupation on the Subject Property. The existence of equipment, materials, supplies, inventory, and merchandise constitutes exterior evidence of the Home Occupation. Per City Code Sec. 117- 351(3), the request shall be reviewed and approved by the City Council.