Consider a Home Occupation Permit and Conditional Use Permit for Your Computer Hero at 5435 180th Ln NW (Project 22-127)

The City has received an application for a Home Occupation Permit and a Conditional Use Permit from the business owners, William and Jenna MacLennan, of Your Computer Hero to operate their computer servicing business from a two-story 45' x 30' accessory structure at their home at 5435 180th Ln NW (the "Subject Property").

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 and Conditional Use Permit consideration and the Public Hearing to be held by the Planning Commission on July 28, 2022.  A notice of the Public Hearing was also published in the Anoka County UnionHerald, the City's official newspaper.

Subject Property
The Subject Property is 0.77 acres in size and is zoned and guided R-1 Residential (Rural Developing). Surrounding parcels to the east, west, and south are also zoned and guided Rural Developing. There are currently two accessory structures on the property, but Zoning Code would allow for a third structure as long as it does not exceed the total maximum allowed square footage for the property of 1,800 square feet.

Home Occupation Permit
The Applicants currently have an existing operation in the COR in Suite 300 of the 7962 Sunwood Dr NW multi-tenant building, but they are planning to move locations to their residential home due to the limited number of foot traffic received at their current space. They are proposing to move the business to their residential property, and eliminate the retail aspect of their business which would decrease the number of vehicle trips to and from the property. Your Computer Hero only services businesses, not residential properties, and the business mainly involves staging equipment with a lot of virtual/remote operations. They are not proposing any signage, nor a separate address for the detached structure. A copy of the Home Occupation Questionnaire is attached, as well as proposed Resolution #22-164 to approve the requested Home Occupation.

Conditional Use Permit
The Applicants are also proposing to build a new accessory structure near the northern border of the property. The proposed structure will have a second driveway accessing Erkium St NW, with the home's driveway accessing 180th Ln NW. An existing accessory structure on the north side of the property will be moved further east, and the additional driveway will connect to the new building. The structure will meet all Zoning Code standards for size and location, but requires the CUP due to the second story. Architectural plans and survey showing the proposed building are attached, as well as proposed Resolution #22-164 approving the Conditional Use Permit.

Public Comment
The City received a call from a nearby resident that received a copy of the public hearing notice. They stated they were not able to attend the meeting, but were advised to submit a letter to the Planning Commission to be entered for the record. They did not state if they were in favor or opposed to the request. Two additional emails were received prior to the public hearing that stated they were in opposition to the request. The emails are attached to this case.

Planning Commission - July 28, 2022
The Planning Commission held a public hearing on the request during their regular meeting on July 28, 2022 and recommended the City Council approve the Conditional Use Permit and Home Occupation Permit with a 4-2 vote on each action.

City Code Sections
Section 117-51. - Conditional use permits.
Section 117-111. - R-1 Residential District.
Section 117-349. - Accessory uses and buildings
Section 117-351. - Home occupations.

Alternatives
Alternative 1: Approve the Home Occupation Permit and Conditional Use Permit as recommended by the Planning Commission. The proposed use will generate minimal traffic and does not appear to be an intense home occupation. A two-story accessory structure is a reasonable request to store any vehicles, along with equipment or office space for the operation.

Alternative 2: Approve only one of the applications (either HOP or CUP). The Planning Commission and Staff do not support this alternative as both requests are reasonable, and both would be necessary to move their operation to their residential property.

Alternative 3: Deny the Home Occupation Permit and Conditional Use Permit based on certain findings. The Planning Commission and Staff do not support this alternative.

All costs associated with this request are the Applicant's responsibility.

The Planning Commission recommends the City Council adopt Resolutions #22-164 and #22-165 approving the Conditional Use Permit and Home Occupation Permit on the Subject Property.

Motion to adopt Resolution #22-164 approving a Conditional Use Permit to allow a two-story accessory structure at 5435 180th Lane Northwest.

-and-

Motion to adopt Resolution #22-165 approving a Home Occupation Permit to allow a computer business at 5435 180th Lane Northwest.