Agenda - Planning Commission - 09/05/2013

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Regular Planning Commission 5. 1. Meeting Date: 09/05/2013 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Request for a Home Occupation Permit for Matt's Plumbing Solutions Located at 5565 164th Ave NW; Case of Matt Ariola Background: Through the code enforcement program, the City learned of a home based business being operated on the property located at 5565 164th Ave NW. Upon receipt of a notice of violation, the business owner submitted a Home Occupation Permit application for Matt's Plumbing Solutions. Notification: Staff attempted to notify all Property Owners within 350 feet of the Public Hearing. A Public Notice was also advertised in the Anoka Union. Observations/Alternatives: The applicant owns and operates Matt's Plumbing Solutions. The business currently operates out of a 1,596 square foot detached accessory building on the Subject Property and has three (3) non-resident employees. The Subject Property is just under three (3) acres in size (about 2.92 acres) and is in the R-1 Residential (Rural Developing) zoning district. City Code Section 117-351 (Home Occupations) states that home occupations are permitted in detached accessory buildings as long as there is at least 400 square feet of accessory building space reserved/maintained for the primary residential garage. There is an attached garage on the Subject Property that satisfies this requirement. Also, per 117-351, on properties less than three (3) acres, there shall be no more than one (1) non-resident employee that works on the Subject Property. The applicant has stated that he has three (3) employees; however, only one (1) employee works on the Subject Property (office/administrative work). The other two (2) employees are plumbers that do not work on the Subject Property, but they do come to the Subject Property up to three (3) times per week to drop off and/or pick up paperwork. Per the Applicant's submittal, all work is conducted off -site with the exception of the administrative/office duties. In addition to the Home Occupation standards, Section 177-355 (Residential Development Off -Street Parking) states that commercial vehicles and equipment shall be stored in the side or rear yard only and shall be screened to a degree of fifty percent (50%) at ground level view from the public right-of-way and adjacent properties. Motor vehicles and equipment are required to maintain a fifteen (15) foot setback from side and rear property lines. Finally, on parcels two (2) acres or larger but less than five (5) acres, there shall be no more than eight (8) items stored outside on a property. The property presently exceeds the maximum allowable number of items stored outside. During a site inspection on August 27, 2013, Staff noted fourteen (14) items outside, which included a combination of personal use and commercial use vehicles and equipment. The Applicant has provided a list of items will be removed from the Subject Property no later than September 6, 2013, which would bring the property into compliance with the allowable number of items stored outside. The commercial vehicles/equipment that the Applicant has outside on the property include a twelve (12) foot box truck, an f450 service truck, a sixteen (16) foot trailer, and a twenty (20) foot trailer. There is also a bobcat and a small loader that the Applicant states is stored in the detached accessory building while on the property.