PUBLIC HEARING: Consider Request for a Home Occupation Permit to Operate a Frozen Foods Sales and Delivery Business on the Property Located at 14920 Chameleon St NW; Case of Abdelfettah Benzoubair

Through the Code Enforcement program, the City became aware of a Home Occupation being operated at 14920 Chameleon St NW (the "Subject Property").  In response to Notice of Violation, the City received an application for a Home Occupation Permit to operate Pipestone Deliveries, a frozen foods sales and delivery business, from the Subject Property.  Due to the number of 'non-resident' employees (2) and the fact that there is exterior evidence of the Home Occupation (vehicles), this request is subject to review by the Planning Commission and action by the City Council.

Staff attempted to notify all Property Owners within 350 of the Subject Property of the Public Hearing via Standard US Mail. The Public Hearing Notice was also published in the Anoka County UnionHerald.

The Applicant owns and operates Pipestone Deliveries, a frozen foods sales and delivery business, from the Subject Property.  The business is primarily operated out of an approximately fifty (50) square foot office within an attached garage and has two (2) employees that do not reside at the Subject Property.  The Subject Property is approximately one (1) acre in size and is zoned R-1 Residential (Rural Developing).

City Code Section 117-351 (Home Occupations) states that home occupations are permitted in accessory buildings as long as there is at least 400 square feet of accessory building space reserved/maintained for the primary residential garage. The attached garage has five (5) stalls, which combined satisfies this requirement.

There are three (3) vehicles used in conjunction with the business that are parked/stored on the driveway in front of the home. Two (2) standard passenger vans that have been internally modified to accommodate a chest freezer in each and a pick-up truck mounted with a refrigeration unit in its bed.  The two passenger vans are not classified as commercial vehicles per City Code; however, due to the external modification to the pick-up (the refrigeration unit) would be classified as a commercial vehicle.  Thus, per City Code Section 117-355 (Residential Off-Street Parking), the pick-up truck shall be parked indoors (Applicant has stated that the refrigeration unit is slightly taller than the door opening and thus cannot fit within the attached garage), or in the side or rear yard on an improved surface and screened from public roads and adjacent properties to a degree of fifty percent (50%). 

The Applicant does employ two (2) people that do not reside on the Subject Property.  City Code Section 117-351 (Home Occupations) limits the number of 'non-resident' employees to one (1) on parcels less than three (3) acres in size, without City Council approval. The two (2) employees come to the Subject Property in the morning to pick up their van (loaded with product for the day) and are out on their sales/delivery routes throughout the day.  At the end of the day, they return to the Subject Property to finalize paperwork, unload any unsold product, and drop off the van. 

The number of vehicle trips associated with a Home Occupation is limited to no more than sixteen (16) within a twenty-four hour period.  There are a maximum of ten (10) vehicle trips per day generated by the Home Occupation.  The Applicant goes to a cold storage facility in Fridley to pick up product in the morning (two vehicle trips, there and back).  Two (2) employees come to the Subject Property to pick up the van (two vehicle trips) and then leave the Subject Property with their loaded van (two vehicle trips).  They then return to the Subject Property at the end of the day (two vehicle trips) and then leave with their personal vehicles (two vehicle trips).  Considering the location of the Subject Property, all vehicle trips associated with the Home Occupation have a very short distance from the Subject Property to Armstrong Blvd (e.g. they do not have to drive all the way through an entire neighborhood).

The Applicant has stated that the business hours typically are 9:00 a.m. to 9:00 p.m. Monday through Friday, excluding holidays.  The Applicant has also provided evidence of their Retail Mobile Food Handler license issued by the Minnesota Department of Agriculture.  The Applicant does not conduct sales within the City and thus, a Peddler, Solicitor, or Transient Merchant license from the City is not required.  Finally, the Applicant is seeking a more permanent commercial location for his business but until then, he is trying to remain in compliance with City Code, which is why he is seeking the Home Occupation Permit.

Alternatives:

Option #1: Recommend adoption of Resolutions #14-12-248 and #14-12-249 approving the Home Occupation.  The Home Occupation does not appear to generate excessive noise, traffic, nuisance or fire hazard.  While the business exceeds the number of non-resident employees by one, the majority of their day is spent off-site doing door to door sales and deliveries.  Furthermore, while the vehicles used in conjunction with the business provide exterior evidence of the Home Occupation, only one meets the definition of a commercial vehicle (and even then, it is a standard pick-up truck mounted with a refrigeration unit in the bed, similar to some camper units in size).  The Subject Property is a corner lot off of Armstrong Blvd, and thus, it appears that the vehicle trips related to the business would provide little disruption to the neighborhood.  Staff supports this option.

Option #2: Recommend adoption of Resolutions #14-12-248 and #14-12-249, with modifications, approving the Home Occupation.  If the Planning Commission supports the request but identifies additional conditions that would further help protect the peace, quiet and domestic tranquility of the neighborhood, the resolutions can be modified accordingly before forwarding on to City Council.

Option #3: Recommend denial of the Home Occupation.  While the Home Occupation was beyond a level that allowed for administrative approval, it does not appear that it would negatively impact the residential feel of the neighborhood.  The off-street parking standards can be maintained (relating not only to location and surfacing, but also to total allowable items parked/stored outside on the Subject Property) and the Home Occupation does not generate excessive noise nor does it represent a fire hazard to adjacent properties.  Staff does not support this option.

All costs associated with reviewing the Application are the responsibility of the Applicant.

Staff recommends approval of Resolutions #14-12-248 and #14-12-249 adopting Findings of Fact and approving a Home Occupation Permit for a frozen foods sales and delivery business at 14920 Chameleon St NW.

Motion to recommend that the City Council adopt Resolutions #14-12-248 and #14-12-249 adopting Findings of Fact and approving a Home Occupation Permit for a frozen foods sales and delivery business at 14920 Chameleon St NW.