Adopt Resolution #23-266 for a Home Occupation Permit for Calabrese Tree Care LLC at 16201 Nowthen Blvd. NW

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.

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 Planning Commission's Public Hearing was published in the Anoka County UnionHerald, the City's official newspaper. A proposed development sign was placed on the property.

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 117-351 of City Code.

Upon inspecting the property as part of the application, staff found a few Code violations, including the following:
1) A wooden sign frame illegally constructed in the right-of-way of Nowthen Blvd; (Note: at the time of writing this case, the Applicant has removed the sign.)
2) Exceeding the limit of six items allowed for outdoor storage and parking on parcels less than two acres in size;
3) Several vehicles with expired registration;
4) Two items, including a camper and a flatbed trailer, parked on an unimproved surface.
Staff has included the remediation of the above items as conditions of approval in Resolution #23-266.

In addition to the tree care business, there is a licensed home daycare operating on the property. Licensed home daycares are allowed in the R-1, Rural Developing zoning district. Upon visiting the site, Staff confirmed there is adequate separation between the daycare and tree care uses.

Public Correspondence
At the time of writing this case, Staff received one general inquiry call and they did not state opposition or support for the request.

Alternatives
Alternative 1: Approve the Home Occupation Permit with conditions attached to the resolution as recommended by the Planning Commission. The use aligns with Zoning Code standards.
 
Alternative 2: Approve the Home Occupation Permit with modifications that the Council sees appropriate.  
 
Alternative 3: Deny the Home Occupation Permit based on certain findings.
 

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

At the Planning Commission meeting on October 26, 2023, the Commission unanimously voted to recommend approval of the Home Occupation Permit.

Motion to adopt Resolution #23-266 Approving a Home Occupation Permit for Calabrese Tree Care LLC at 16201 Nowthen Blvd NW.