Consider Request to Amend a Home Occupation Permit for Peace Keepers, Inc. at 6025 177th Ln NW; Case of Derek Trout

The City received an application from Derek Trout (the “Applicant”) requesting an amendment to his administrative (Level I) Home Occupation Permit due to expansion of his firearm sales business in a detached single family home located on the property generally known as 6025 177^th Lane NW (the "Subject Property"). The Home Occupation offerings have expanded beyond the Home Occupation Permit approved administratively by City Staff in 2019.

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 UnionHerald, the City's Official newspaper for the public hearing. All public notices were posted for the Planning Commission meeting on February 24, 2022.

2019 Administrative (Level I) HOP
The Applicant is proposing to expand their current firearms Home Occupation Permit (HOP) on the Subject Property. The request is a result of the City's code enforcement process after a complaint was received regarding the business expansion. The Applicant has an administratively approved HOP from 2019, which indicates the following aspects of the business:

• Online-only sale of firearms; and
• Business trips may not exceed two (2) round trips per day; and
• Expansion of the Home Occupation will require the Applicant to reapply for the permit; and
• Firearms must be secured or attended to at all times; and
• All firearm testing must be done off-site; and
• Complaints received about the business can be brought to the City Council for possible revocation of the permit; and
• Not meeting any of the conditions can result in immediate permit revocation.

Current/Proposed Expansion (Level II required)
The Applicant is currently operating the Home Occupation in this manner, but is now seeking formal approval to amend the HOP to include the actions listed below:

• Expanding from online-only sales to in-person sales; and
• Selling ammunition and accessories; and
• Hosting Permit to Carry classes; and
• Utilizing a single Ramsey-resident employee; and
• Increasing the area of business operations by an additional 200 square feet by moving the business from the dwelling unit to a soon to be completed pole barn.

Planning Commission 2/24/2022
The Planning Commission reviewed the proposal and recommended denial of the HOP amendment during their regular meeting on February 24, 2022.

City Council - 3/8/2022
The City Council tabled this request for the March 22, 2022 City Council meeting for Staff to present a resolution approving the amended HOP with specific conditions. The revised resolution is attached to this case with the following conditions of the Permit:

1. Trainings/Classes
   1. One class every three months in a single calendar year.
   2. Qualifications tests for trainings/classes shall not be conducted onsite.
   3. No more than six (6) customer vehicles on the Subject Property during a single training session.
2. Transactions will be conducted by appointment only within the hours of operation.
3. Hours of operation may be determined by the City Council.
   1. Proposed hours of operation by the Applicant are:
      1. Wednesday - Friday: 4pm - 8pm
      2. Saturday: 10am - 6pm
4. No more than four (4) vehicle round trips per day.
5. An initial inspection will be conducted by the Police Department
6. The accessory structure building permit (RA043920) must pass a final inspection from the City's Building Division before business operations can continue.

The Applicant has reviewed and agreed with the above-listed conditions, and the attached resolution. The hours of operation will need to be determined by the City Council. Additional comments received since the City Council's regular meeting from March 8th, 2022 are also attached to the case, at the end of the correspondence attachment.

Alternatives
Alternative #1: Deny the requested Amended Home Occupation Permit.  This matter was originally brought to the City's attention through the code enforcement program and concerns have been raised related to the severity of the expansion and public safety aspects. The administrative HOP would still be applicable, unless the City Council determines revocation of the Permit should occur. Planning Commission supports this alternative.

Alternative #2: Approve an Amended Home Occupation Permit.  This would officially authorize the expanded business operations already occurring on the Subject Property.  Furthermore, it would eliminate a code enforcement case and place conditions on the operations of the business when the accessory structure is completed.  Planning Commission did state that if the Council wished to approve the expansion of the HOP, two minimum conditions related to an inspection of the site by the Police Chief occur and to limit business trips to four round trips per day with the exception of holding a permit to carry class once per calendar year quarter and six customer vehicles for the class.  Additional conditions could also be considered.

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

The Planning Commission recommends denying the proposed amendment to the Home Occupation Permit.

Motion to adopt Resolution #22-041 Approving an Amendment to a Home Occupation Permit at 6025 177th Lane NW

-or-

Motion to deny Resolution #22-041 Approving an Amendment to a Home Occupation Permit at 6025 177th Lane NW.