Adopt Resolutions #14-03-044 & #14-03-045 Related to a Request for a Home Occupation Permit to Operate a Gunsmith Business at 15531 Zirconium St NW; Case of Russell Beech

On January 31, 2014, the City received an application for a Home Occupation Permit to operate a gunsmith business in the dwelling and a portion of the attached garage on the property located at 15531 Zirconium St NW (the "Subject Property"). A component of the proposed home-based business appears to operate beyond the general and administrative Home Occupation Permit thresholds and thus, the request needs to be reviewed by both the Planning Commission and City Council.

City Staff attempted to notify all Property Owners within 350 feet of the Public Hearing. A Public Notice was also advertised in the Anoka County UnionHerald, the City's official newspaper.

The Applicant is seeking a Home Occupation Permit to operate a gunsmith business out of his home and attached garage on the Subject Property. The business would consist of assembly, fabrication and sales of custom and catalog firearms and accessories as well as firearms transfers and repairs. Much of the customer interaction would be through the internet, phone and off-site; however, there will also be some customers that travel to the Subject Property for services. All firearms on the Subject Property would be stored in a locked gun cabinet or as required by the Bureau of Alcohol, Tobacco, and Firearms (BATF).

The bulk of the business would be conducted in the basement of the dwelling; however, a small portion of the attached garage would also be used for storage of materials and supplies and will also house some equipment used in the business operation as well. The fabrication, assembly and repair of firearms will include light machining with a metal-working lathe and mill as well as hand work with files and sandpaper. Materials affiliated with the business would include metal stock, such as aluminum and steel, and supplies would include items such as towels, too bits, cutting fluids and lubricants, and spray finishes. These are the items that would be stored in the attached garage.

The Applicant has also indicated that he would be utilizing a commercial bullet trap, which is a device that can be used to test fire firearms to check for functionality. This device would be located in the basement of the dwelling, against a concrete foundation wall. The Applicant has stated that this would be a fairly infrequent activity, but one that is critical to ensure a firearm is functioning properly. This component has been reviewed by the Police Chief, who has responded that the bullet trap will provide adequate safety and noise mitigation. It is noted that this system may not completely mitigate all sound, but will greatly reduce to acceptable levels, if any noise is heard at all.

The Applicant will need to obtain a Federal Firearms License prior to commencing the business operation. However, the BATF will not consider the application until the Applicant can provide proof of a Home Occupation Permit.

The Applicant has stated that the business hours would be Monday through Friday, 8:00 a.m. to 6:00 p.m. and on Saturdays by appointment only. Any deviation from the standard weekday hours would be by appointment only.

The Subject Property is approximately 4.88 acres in size, is zoned R-1 Residential (Rural Developing) and is surrounded by similarly sized parcels to the north, south, and west that are also zoned R-1 Residential (Rural Developing). The property to the east, which is an outlot, is a similar size but zoned R-1 Residential (MUSA). The neighbors directly adjacent to the Subject Property (to the north and south) have both submitted statements supporting the request.

The Planning Commission conducted a Public Hearing on March 6, 2014 and there were no verbal or written comments received (other than the letters of support received prior to the Public Hearing).

Alternatives/Options

Option 1: Approve the Home Occupation Permit Request. The proposed home occupation would not result in a large increase in traffic to the neighborhood nor would it pose a hazard to surrounding properties. The Subject Property and surrounding parcels are fairly large in size and wooded as well. This, combined with the use of a commercial bullet trap, would result in minimal noise being heard on adjacent properties. The Police Department has also reviewed the request and has no concerns with it. Staff would support this option.

Option 2: Approve a Modified Home Occupation Permit. Should the City Council have concerns with the use of the commercial bullet trap (or any other aspect of the request), they may wish to consider approving a modified Home Occupation Permit that excludes the use of such a device. This would require the Applicant to travel to an off-site location to test fire the firearms. However, the Police Department has reviewed the request and specifically this component of the request, and identified no safety or noise concerns with it and thus, Staff does not support this option.

Option 3: Deny the Home Occupation Permit Request. It does not appear that the proposed home occupation would negatively impact the peace, quiet and domestic tranquility of the residential neighborhood, nor would it result in excessive noise, traffic, nuisance or fire hazard. Furthermore, the two adjacent property owners are both supportive of the request and thus, Staff does not support this option.

All costs associated with this request are the responsibility of the Applicant.

The Plannin Commission recommends approving the request for a Home Occupation Permit to operate a gunsmithing business on the property located at 15531 Zirconium St NW.

Motion to adopt Resolution #14-03-044 adopting Findings of Fact #0924 related to a request for a Home Occupation Permit to operate a gunsmithing business at 15531 Zirconium St NW;

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Motion to adopt Resolution #14-03-045 approving a Home Occupation Permit to operate a gunsmithing business at 15531 Zirconium St NW.