PUBLIC HEARING: Consider Resolution #19-252 Denying a Home Occupation Permit for Garbage Hauling Company at 17030 Baugh St NW; Case of Allen and Joyce Birchem/Birchem Sanitation (Project #19-141)

The purpose of this case is to consider an application for a Home Occupation Permit to run a garbage hauling company at 17030 Baugh St NW (the "Subject Property"), including a home office, indoor storage and outdoor storage of related items. The Applicants, Allen and Joyce Birchem, applied for the Home Occupation Permit (HOP) recently after staff discovered the business through the code enforcement program.

Notifications of this proposal were sent via Standard US Mail to Property Owners within 350 feet of the Subject Property, as reflected by Anoka County Property Records. A notice was also published in the Anoka Union Herald, the City's Official newspaper. 

General
The Subject Property is located at 17030 Baugh St NW. The Subject Property is zoned R-1 Residential (Rural Developing) and is approximately 1.6 acres in size. All surrounding properties are zoned the same. 

Summary of Request
The Applicants seek permission to continue to operate a waste collection business from the Subject Property. On site business operations include: bookkeeping, accounting, billing, as well as providing parking space for 2-5 waste hauling trucks (2 of which are used for waste hauling), the storage of approximately fifty (50) residential waste containers, and five (5) larger commercial waste dumpsters. Waste collection services occur in Sherburne and Wright Counties, with disposal of the collected waste occurring at a waste management facility in Sherburne County. The trucks are cleaned and maintained at this waste management facility. No waste is taken to the Subject Property.

Hours of Operation (Proposed)
The hours of operation begin at 8:00 am (trucks leave the Subject Property) and end at 4:30 pm (trucks return to the Subject Property), Monday through Wednesday. This schedule is consistent barring schedule changes related to holidays or inclement weather. 

Outdoor Storage
The request includes continuing the operation as-is, which includes the storage of:

• ~50 residential waste containers (large curb-side garbage cans)
• ~2 - 5 waste hauling trucks (garbage trucks, some kept onsite for parts for running trucks)
• ~5 waste dumpsters (large, e.g. dropped off for construction projects)

Photos of the proposed items to remain onsite are attached to this case, as well as photos of the site today.

Code Enforcement
Staff became aware of the home-based business through the City's Code Enforcement Program. The Subject Property has significant storage of items related to the business, including the storage listed above as well as off-street parking violations and nuisance violations. Staff has received complaints related to the parking on the grass, number of items stored outside, vermin onsite (rats, mice, etc.), and inoperable vehicles. Staff does not feel that allowing the business to operate as-is would serve the community.

Permits
The Applicants have stated they have permits with Wright and Sherburne County but do not have a permit with Anoka County. Anoka County has stated a permit would be required. The Applicants have never received a business license from the City.

History
The Applicant and their attorney has stated that the business has operated onsite for approximately 37 years. The City Code has had nuisance violations outlined in the City Code since the City's incorporation, prior to 37 years ago. While the Business may have been operating for some years, it has not been operating as a permitted business by the City, nor has Staff been aware of the business until 2019. Additional information from the Applicant's attorney is attached.

The Applicant is responsible for all costs related to this request. 

Staff recommends denying the request for a Home Occupation Permit for a Garbage Hauling Company at 17030 Baugh St NW. 

This would be consistent with other recent home occupation denials in similar residential settings. There is no lawful, nonconforming protection for this use. 

Motion to Recommend tht the City Council adopt Resolution #19-252 denying a Home Occupation Permit for a Garbage Hauling Company at 17030 Baugh St NW.