Agenda - Council - 05/08/2018 - Laserfiche WebLink

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City Code Section 117-351 (Home Occupations) states that there shall not be any exterior evidence of said home occupation such as displays, exterior storage of home occupation equipment and vehicles, materials, supplies, inventory or merchandise except for one motor vehicle affiliated with the home occupation shall be stored or parked outside on the site of the home occupation. In addition, one piece of commercial equipment affiliated with the home occupation shall be allowed to be stored or parked on the site of the home occupation in accordance with Section 117-355. Currently the business has nine (9) pieces of equipment which are currently stored outdoors on a gravel surface. The Applicant has proposed to construct a detached accessory building that would house all of the business equipment. Alternatives: Alternative # 1: Adoption of Resolution # 18-066 Approving the home occupation permit. There are several matters that need to be address by the Applicant, including the construction of the accessory building, removal of current gravel parking surface, and restoration of a residential driveway which adheres to City Code. However, each of these could be fairly easily remedied and done so in a timely matter. While there are two (2) non-resident employees, the intent of City Code is to limit how many non-resident employees work on the site of the home occupation. Both of the non-resident employees come to the property two (2) times a day to drop off and/or pick up equipment and do not conduct any work on the property. Alternative #2: Deny Resolution #18-066 approving the home occupation permit. This action will need to be supported by adopting findings of fact to support the denial. This matter was originally brought to the City's attention through the code enforcement program. Concerns have been raised related to vehicular traffic, outdoor storage, and loading and unloading of equipment on the public roadway. 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 these standards could be accomplished. However, there is the potential concern that the Applicant does not comply with the corrections, and enforcement becomes more difficult after approval. Funding Source: All costs associated with the requested permit are the responsibility of the Applicant. Recommendation: The Planning Commission Recommended approval of the requested home occupation permit on a 5-2 vote based on the conditions set forth in Resolution # 18-066 including a condition regarding hours of operation being limited to Monday - Friday from 7:00 am to 7:00 pm. A Home Occupation Permit will afford the opportunity to allow the Owner to make appropriate corrections and amend the business operation to be compatible with the surrounding neighborhood. Should the operation prove to continue to be disruptive to the residential neighborhood, the City has the opportunity to revoke the permit and the operation would need to cease on the Property. Staff would recommend a review of the case at the end of this summer. By agreeing to these terms, the Owner must also agree that the fact that an accessory building is constructed is not grounds to retaining the Home Occupation Permit should the permit be revoked. Action: Motion to recommend that the City Council adopt Resolution # 18-066 issuing a home occupation permit to operate Tracer Landscaping and Concrete, LLC on the property located at 5751 177th Avenue NW based on those findings of fact and listed conditions for approval. Site Location Map Attachments