Laserfiche WebLink
<br />Motion Carried. Voting Yes: Chairperson Bauer, Commissioners VanScoy, Woestehoff, <br />Anderson, Gengler, and Peters. Voting No: None. Absent: Commissioner Johnson. <br /> <br />5. PUBLIC HEARINGS/COMMISSION BUSINESS <br /> <br />5.01: Public Hearing: Consider Resolution #19-252 Denying a Home Occupation Permit <br />for Garbage Hauling Company at 17030 Baugh St NW; Case of Allen and Joyce <br />Birchem/Birchem Sanitation (Project #19-141) <br /> <br />Presentation <br /> <br />City Planner McGuire Brigl presented the staff report and recommendation to deny the request for <br />a Home Occupation Permit for a Garbage Hauling Company at 17030 Baugh St. NW. She noted <br />that this would be consistent with other recent home occupation denials in similar residential <br />settings. There is no lawful, nonconforming protection for this use. <br /> <br />Chairperson Bauer asked for additional details on the outdoor storage items that would be allowed. <br /> <br />City Planner McGuire Brigl replied that the carts would not typically be counted on residential <br />property but large items such as vehicles, and trailers would count. She noted that residential lots <br />typically do not have this number of carts. <br /> <br />Commissioner VanScoy asked if the dumpsters are included in the limited items. <br /> <br />Community Development Director Gladhill stated that whether the dumpsters are counted or not <br />counted, they would still be evidence of a home occupation and would be a violation of City Code. <br />He referenced recent home-based business occupation permits noting that plumbing and <br />landscaping businesses have recently been denied because of similar outdoor storage. He stated <br />that this situation is unique in the duration it ran without a complaint but noted that when <br />comparing this to other denied applications this would fall in line with those denials. He stated <br />that when there are multiple vehicles and equipment, including storage of inoperable vehicles, <br />those requests have been denied. <br /> <br />Public Hearing <br /> <br />Chairperson Bauer called the public hearing to order at 7:13 p.m. <br /> <br />Citizen Input <br /> <br />Mark Berglund, attorney representing applicant, stated that he is disappointed with the <br />recommendation of staff. He stated that the Birchem’s have operated this business on the property <br />since 1977 and it is their position that this is a legal nonconforming use. He explained that the <br />application was brought forward because the ordinance recognizing the violation was adopted by <br />the City Council. He stated that this is a family owned business that has been in operation for 37 <br />years on 1.6 acres. He stated that none of the activities on the property can be seen from other <br /> <br />Planning Commission/ November 7, 2019 <br />Page 2 of 11 <br /> <br />