Agenda - Council - 01/10/2023 - Laserfiche WebLink

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on the Subject Property for business -related storage until either the property is sold, or the business ceases operations. At that time, the Applicant will be required to remove the trailer from the Subject Property. Approving a request of this nature may set a precedent for other residential properties in the City for the use of semi -trailers for personal storage and generate additional code enforcement complaints or similar Interim Use Permit requests. Public Correspondence City Staff received one (1) general inquiry call and they did not state opposition or support for the request. There were a few online attendees during the Planning Commission meeting, but none of them spoke regarding this request. Planning Commission -December 1, 2022 The Planning Commission recommended approval of the Home Occupation Permit and Interim Use Permit for the semi -trailer (6-0 vote) during their regular meeting on December 1, 2022. Draft minutes of the discussion are attached to this case. Additional Considerations The request for a Home Occupation Permit was code enforcement initiated after a complaint was received in March of 2022 regarding a semi -trailer visible from Nowthen Blvd. The complaint was verified and a letter was sent to the property owner. The Applicant has stated the semi -trailer is used for storage of business items as well as items for beekeeping, and protection from potential crashes on Nowthen Blvd. The semi -trailer houses business materials such as risers, tanks, pumps, lime, etc. The existing accessory structure does not have space inside with a pumper truck, a large steamer, a pickup truck, and other business materials. Prior to the December meeting, City Staff were informed of a potential second business on the property. Berres Excavating is listed under the Minnesota business filings with an office located at that address. The Applicant's daughter was contacted, and she stated that this business is owned by a family member who is temporarily using the address. They do not plan on conducting business from the property, but they are in the process of moving and wanted the State of Minnesota to have an accurate address where they could be reached in the interim. The approving resolution states that a second business is not allowed on the Subject Property. Berres Excavating will not be allowed to operate from this address. City Attorney Perspective The City Attorney recommends the Applicants pursue the Interim Use Permit. The Applicants would have to provide extensive evidence to prove there are lawful, nonconforming rights for the semi -trailer. If the trailer is used for the business, an Interim Use Permit would be the best solution to require removal of the trailer when the business ceases or the property changes hands. City Staff still recommend the immediate removal of the trailer, but the Planning Commission recommends the Interim Use Permit. Alternatives • Alternative 1: Approve the Home Occupation Permit, but not the Interim Use Permit for the semi -trailer. The business aligns with Zoning Code standards, and the Applicant would be required to remove the semi -trailer. As standard with home -based businesses, only a single business would be allowed to operate on the property. City Staff supports this alternative. • Alternative 2: Approve the Home Occupation Permit and Interim Use Permit. The Planning Commission recommends this alternative, but City Staff believe this will set a precedent for other residential properties that do not require a semi -trailer for storage of business -related items. City Staff expect similar requests for Interim Use Permits to come forward. • Alternative 3: Deny the Home Occupation Permit and Interim Use Permit. The business has a longstanding history at the Subject Property, and has operated for nearly 50 years without generating complaints regarding the business. The proposed use is compliant with the Zoning Code for home occupation standards. The Planning Commission and City Staff do not support this alternative. Funding Source: