Agenda - Planning Commission - 06/02/2005

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Case #4: Request for an Interim Use Permit; Case of Robert Guzzo Community Development Director Trudgeon explained the City has received an application from Robert Guzzo, who resides at 6160 Green Valley Road NW, requesting an interim use permit to operate a sign business in a detached accessory structure on his property. Mr. Guzzo, along with two non-resident partners, .currently operates a sign business in a detached accessory structure on his property. There is also non non-resident employee. Mr. Guzzo's parcel is roughly 8.34 acres in size and thus would be eligible to apply for a home occupation permit, but would be limited to a maximum of two non-resident employees. Mr. Guzzo's two partners do not count as non- resident employees and therefore, he has exceeded the restrictions for a home occupation permit. Community Development Director Trudgeon explained Mr. Guzzo has applied for an interim use permit to continue to operate the sign business for a maximum of five years, with the hope that prior to that time, the business flourishes enough to move into a commercial site. The business consists of manufacturing signs on site via mig welding and then delivering and installing them off-site. He explained while the application is for an interim use permit, the standards for a home occupation permit are being used to evaluate this request. Vehicular traffic trips, as outlined in the home occupation ordinance, are not to exceed two trips per hour per standard business day or 16 trips within a 24 hour period; a 25 percent increase in this number is allowed if the property gains access from a County, State, or MSA street. Green Valley Road qualifies under this definition. There would be three vehicle trips in the morning and evening with an additional round trip during the day. Additionally, Mr. Guzzo has stated that they occasionally receive large truck deliveries, but the frequency of these deliveries fluctuates depending on the workload (at a maximum, it could be up to three times a week). The end result is an average number of vehicle trips, during a standard day, of about ten. The business is operated during standard business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and does not receive clients at the property. Community Development Director Trudgeon advised the Planning Commission held a public hearing and reviewed the request at their April 7, 2005 meeting. Several residents voiced their concerns regarding the amount of traffic generated by this business along Green Valley Road. He indicated both staff and the Planning Commission have concerns regarding this type of operation in a residential area. While the property is more than eight acres in size, a large portion of it is located within the floodway of Ford Brook, deeming much of the land as unbuildable. Thus, both the house and accessory structure are very near Green Valley Road, creating a much smaller feel to the property. Furthermore, the constraints of the property make it difficult to receive large truck deliveries and to comply with the off-street parking regulations of City Code. He advised staff's inclination was to deny this request. The Planning Commission agreed that this type of use is not appropriate for a commercial/residential area. However, in order to allow the applicant time to relocate the business to a commercial/industrial area, the Planning Commission is recommending approving the request .for an interim use permit for six months. The Planning Commission requested that an additional term be included in the permit stating that the applicant acknowledges that he cannot apply for an extension. The City Attorney has advised staff not to include this term in the permit. P52 City Council/April 26, 2005 Page 8 of 23