Agenda - Planning Commission - 12/04/2014

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Regular Planning Commission 5. 1. Meeting Date: 12/04/2014 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Request for a Home Occupation Permit to Operate a Frozen Foods Sales and Delivery Business on the Property Located at 14920 Chameleon St NW; Case of Abdelfettah Benzoubair Purpose/Background: Through the Code Enforcement program, the City became aware of a Home Occupation being operated at 14920 Chameleon St NW (the "Subject Property"). In response to Notice of Violation, the City received an application for a Home Occupation Permit to operate Pipestone Deliveries, a frozen foods sales and delivery business, from the Subject Property. Due to the number of 'non-resident' employees (2) and the fact that there is exterior evidence of the Home Occupation (vehicles), this request is subject to review by the Planning Commission and action by the City Council. Notification: Staff attempted to notify all Property Owners within 350 of the Subject Property of the Public Hearing via Standard US Mail. The Public Hearing Notice was also published in the Anoka County UnionHerald. Observations/Alternatives: The Applicant owns and operates Pipestone Deliveries, a frozen foods sales and delivery business, from the Subject Property. The business is primarily operated out of an approximately fifty (50) square foot office within an attached garage and has two (2) employees that do not reside at the Subject Property. The Subject Property is approximately one (1) acre in size and is zoned R-1 Residential (Rural Developing). City Code Section 117-351 (Home Occupations) states that home occupations are permitted in accessory buildings as long as there is at least 400 square feet of accessory building space reserved/maintained for the primary residential garage. The attached garage has five (5) stalls, which combined satisfies this requirement. There are three (3) vehicles used in conjunction with the business that are parked/stored on the driveway in front of the home. Two (2) standard passenger vans that have been internally modified to accommodate a chest freezer in each and a pick-up truck mounted with a refrigeration unit in its bed. The two passenger vans are not classified as commercial vehicles per City Code; however, due to the external modification to the pick-up (the refrigeration unit) would be classified as a commercial vehicle. Thus, per City Code Section 117-355 (Residential Off -Street Parking), the pick-up truck shall be parked indoors (Applicant has stated that the refrigeration unit is slightly taller than the door opening and thus cannot fit within the attached garage), or in the side or rear yard on an improved surface and screened from public roads and adjacent properties to a degree of fifty percent (50%). The Applicant does employ two (2) people that do not reside on the Subject Property. City Code Section 117-351 (Home Occupations) limits the number of'non-resident' employees to one (1) on parcels less than three (3) acres in size, without City Council approval. The two (2) employees come to the Subject Property in the morning to pick up their van (loaded with product for the day) and are out on their sales/delivery routes throughout the day. At the end of the day, they return to the Subject Property to finalize paperwork, unload any unsold product, and drop off the van. The number of vehicle trips associated with a Home Occupation is limited to no more than sixteen (16) within a twenty-four hour period. There are a maximum of ten (10) vehicle trips per day generated by the Home Occupation.