Agenda - Planning Commission - 09/05/2013

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There appears to be sufficient space to park/store both commercial and private use vehicles and equipment in compliance with the off-street parking regulations. However, some corrections are necessary to accomplish this. Commercial equipment and vehicles need to be parked/stored in the side or rear yard of the property and must be at least fifteen (15) feet from the property line. The Applicant has stated that a privacy fence would be installed from the corner of the attached garage to the side lot line that would satisfy the screening requirement. Much of the materials used for the business are presently stored in a Quonset style detached accessory building According to the Applicant, the structure was existing when he purchased the property; however, it had a membrane surface that was torn and weather beaten. The Applicant replaced that with steel siding that closely resembles that of the larger detached accessory building and the home. The structure is larger than 120 square feet and thus, a building permit should have been obtained (there is no evidence of a permit for this structure). Alternatives: Option #1: Recommend approval of the home occupation permit. There are several matters that need to be address by the Applicant, including reducing the number of items stored outside on the property, obtaining the required permits for work already completed, and relocation of commercial equipment and vehicles to the side/rear yard of the property. However, each of these could be fairly easily remedied and done so in a timely matter. While there are three (3) non-resident employees, the intent of City Code is to limit how many non-resident employees work on the site of the home occupation. Only one non-resident employee actually works on site, the other two (2) only come to the property three (3) times a week to drop off and/or pick up paperwork and do not conduct any work on the property. Concerns have been raised regarding noise generated from the business including sawing/cutting and beeping from a truck(s) backing up. The Applicant has disarmed the alarm when the service truck is put in reverse and has reiterated that other than administrative tasks, there is no work related to the business that is conducted on site. Option #2: Recommend denial of the home occupation permit. This matter was originally brought to the City's attention through the code enforcement program. Concerns have been raised related to noise, commercial vehicles and equipment on a residential property, and allowing commercial operations at all in a residential neighborhood. While Staff has not heard excessive noise being generated on the property, that does not mean it has not or is not occurring (possibly just wasn't occurring at the time Staff inspected the site). The Applicant has reiterated that there is no work related to the business conducted on the property. The City's off-street parking ordinance does allow one to bring commercial motor vehicles and/or equipment to their residential property under certain criteria and while certain corrective actions are needed to comply with this ordinance, it seems like they could be accomplished fairly easily. Option #3: If the Planning Commission identifies other measures that it believes would help mitigate any concerns related to this request, it could direct Staff to modify the Home Occupation Permit to include those conditions prior to action by the City Council. Funding Source: All costs associated with this request are the responsibility of the Applicant. Staff Recommendation: While Staff understands come of the concerns that have been raised, based on the ordinances currently in effect, Staff would recommend approval of the request contingent upon compliance with the Staff Report dated August 29, 2013. Action: