Agenda - Planning Commission - 10/26/2023

Home

Regular Planning Commission Meeting Date: 10/26/2023 Primary Strategic Plan Initiative: 6. 1. Create a positive image for residential neighborhoods, business districts and key corridors. Information Title: PUBLIC HEARING: Consider a Home Occupation Permit for Calabrese Tree Care LLC at 16201 Nowthen Blvd Purpose/Background: The City has received an application from Steve Calabrese (the "Applicant") for a Home Occupation Permit for a tree care business called Calabrese Tree Care LLC at 16201 Nowthen Blvd NW (the "Subject Property"). The business has operated from the property since 2022, per filings with the Minnesota Secretary of State, although City staff did not become aware of the business until September 2023. The Applicant is seeking a Home Occupation Permit to help bring the property into compliance with City Code. Notification: Staff attempted to notify property owners within 350 feet of the Subject Property, as reflected in the Anoka County Property Records, of the request for Home Occupation Permit consideration and the Public Hearing to be held by the Planning Commission. A notice of the Public Hearing was published in the Anoka County UnionHerald, the City's official newspaper. A proposed development sign was placed on the property. Time Frame/Observations/Alternatives: Subject Property The Subject Property is located along the southwest side of Nowthen Blvd NW, between Ramsey Blvd NW and Xenon Street NW, just south of Nowthen Blvd's intersection with Coquina Street NW. The Subject Property is zoned R-1, Rural Developing, and is guided Rural Developing in the City's 2040 Comprehensive Plan. It is 1.39 acres in size and accesses Nowthen Blvd to the northeast with a paved driveway. Surrounding properties are similar in size and are also zoned and guided for Rural Developing land uses. Summary Calabrese Tree Care LLC has been operating on the Subject Property since 2022, according to filings from the Minnesota Secretary of State. However, the Applicant purchased the property in 2019, and aerial imagery indicates business operations were occurring on the Subject Property as early as September 2020. The business mainly consists of storage of materials and vehicles, including a wood mill, a loader, and a dump trailer. The Applicant has stated he has one employee that comes to the site and carpools with the Applicant to conduct business for clients at various off -site locations. The Applicant is requesting to store the wood mill and dump trailer outside, in addition to storing the loader and other non -vehicular equipment, including ropes and harnesses, inside the attached garage. This requires the Level II HOP due to an increase in use related to additional commercial vehicles and outdoor storage. Additional Considerations The request for a Home Occupation Permit was code enforcement initiated after a complaint was received in September 2023 for a sign illegally constructed in the right-of-way of Nowthen Blvd. The complaint was verified and a phone call was made to the property owner to remove the sign and obtain a Home Occupation Permit for the tree care business operating on site. Over the last few months, Staff has worked with the Applicant on explaining the regulations for Home Occupation Permits, and the Applicant intends to follow the standard Home Occupation Permit signage regulations, as well as intending to follow all HOP II regulations, as defined in Section