Adopt Resolution #20-026 Approving a Home Occupation Permit for Garbage Hauling Company at 17030 Baugh St NW; Case of the Birchems (#19-141)

The purpose of this case is to consider an application for a Home Occupation Permit to run a garbage hauling company at 17030 Baugh St NW (the "Subject Property"), including a home office, indoor storage and outdoor storage of related items. Allen and Joyce Birchem (the "Applicants") applied for the Home Occupation Permit (HOP) after staff discovered the business through the code enforcement program. The Planning Commission discussed the HOP request at their November 2019 Planning Commission meeting where the topic was tabled to give the homeowners time to clean up the site. The Planning Commission seemed generally supportive of an HOP for one garbage truck with no outdoor storage.

This case was postponed at the November Planning Commission to allow the Applicant more time to come into compliance and attempt to strike a compromise on allowing the business to continue to operate on a smaller scale. The Applicant has made significant cleanup, but has additional work to be done. Staff desires to discuss updates and provide policy clarification on the Application. Staff believes that this case may need to be postponed to the February Planning Commission Meeting. 

Notifications of this proposal (OF THE PREVIOUS REVIEW) 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 Union Herald, the City's Official newspaper. 

General
The Subject Property is located at 17030 Baugh St NW. The Subject Property is zoned R-1 Residential (Rural Developing) and is approximately 1.6 acres in size. All surrounding properties are zoned the same. 

Summary of Request
The Applicants seek permission to continue to operate a waste collection business from the Subject Property, with direction as recommended by the Planning Commission at their November Meeting. On site business operations include (revised from original request):

• Office (bookkeeping, accounting, billing) 
• Parking for 2 waste hauling trucks (one in pole barn, one outside)

Waste collection services occur in Sherburne and Wright Counties, with disposal of the collected waste occurring at a waste management facility in Sherburne County. The trucks are cleaned and maintained at this waste management facility. No waste is taken to the Subject Property. If HOP is approved, the Applicant will be required to get the proper license(s) from Anoka County and any other agency requiring permit.

Hours of Operation (Proposed)
The hours of operation begin at 8:00 am (trucks leave the Subject Property) and end at 4:30 pm (trucks return to the Subject Property), Monday through Wednesday. This schedule is consistent barring schedule changes related to holidays or inclement weather. 

Original Request Outdoor Storage
The original request included continuing the operation as-is, which includes the storage of:

• ~50 residential waste containers (large curb-side garbage cans)
• ~2 - 5 waste hauling trucks (garbage trucks, some kept onsite for parts for running trucks)
• ~5 waste dumpsters (large, e.g. dropped off for construction projects)

Since the previous Planning Commission meeting, the Applicant has removed the residential waste containers from the site and has three (3) waste hauling trucks. There are still approximately seven (7) dumpsters onsite. The Planning Commission recommended removal of the outdoor storage related to the use, except one (1) truck, with a second truck parked inside. The Applicant will need additional time to complete the remaining cleanup required. 

The Planning Commission seemed generally supportive of the Home Occupation Permit (HOP) with the following:

• Office (bookkeeping, accounting, billing) inside home
• Parking for 2 waste hauling trucks (one in pole barn, one outside)
• Applicant lives onsite full-time

Code Enforcement
Staff became aware of the home-based business through the City's Code Enforcement Program. The Subject Property has had a significant amount storage of items related to the business, including the storage listed above as well as off-street parking violations and nuisance violations. Staff has received complaints related to the parking on the grass, number of items stored outside, vermin onsite (rats, mice, etc.), and inoperable vehicles. Based on initial Planning Commission Review, the Applicant has made significant cleanup.

Staff has completed an inspection of the site since the previous Planning Commission meeting, per the Planning Commission's recommendation. Inspection on December 12, 2019 showed that there was significant progress made onsite. The owner mentioned that approximately 20 tons of metal were removed from the site. Items still stored outside after cleanup included:

• One truck parked on grass in rear yard (potentially inoperable)
• Three cars parked on grass in rear yard (potentially inoperable)
• Three garbage trucks (one was off-site in use for business)
• One blue van in side yard on grass
• One black truck in side yard on grass
• Tractor
• Trailer (hooked to black truck)
• 7 commercial sized dumpsters
• One white boat
• Truck and fish house on driveway
• 3 or 4 piles of rubbish and tires

The site is allowed six (6) items of outdoor storage and they have approximately twelve (12). An updated inventory with notes is attached to this case. While the Applicant has made progress, there are still numerous items that are out of compliance, specifically vehicles and nuisance/junk items piled onsite.

Permits/Licenses
The Applicants have stated they have permits with Wright and Sherburne County but Staff has not seen copies of said permits, which is a requirement listed in the draft resolution attached. The Applicants have never received a business license from the City. If approved, the Applicant needs to receive the proper permits before continuing operation.

If the City Council approves an HOP for the Applicants, it would be a requirement that they get proper licensing immediately and update the Secretary of State for proper business filing, as they are not currently registered with the State. The HOP also requires that the Applicant live on site so the site does not act as a strictly commercial site. This would be another condition of the HOP if approved by the City Council.

History
The Applicant and their attorney has stated that the business has operated onsite for approximately 37 years. The City Code has had nuisance violations outlined since the City's incorporation, prior to 37 years ago. While the Business may have been operating for some years, it has not been operating as a permitted business by the City, nor has Staff been aware of the business until 2019. Additional information from the Applicant's attorney is attached.

Options
Alternative 1: Approve the Home Occupation Permit (HOP) as originally requested. This would continue the operation as-is. Staff is not supportive of this alternative, as the use is quite intensive and there was significant outdoor storage. This alternative would be inconsistent with recent actions. The Planning Commission was not supportive of this action.

Alternative 2: Approve an amended Home Occupation Permit (HOP) allowing bookkeeping and two (2) garbage trucks onsite. This permit would not allow any outdoor storage besides the one garbage truck parked outside, the other would need to be kept inside when onsite. The Planning Commission seemed supportive of this action at the previous meeting. Staff does have some concerns with this alternative, but believes the City can place strict conditions on the use to ensure it remains as approved. Staff would support this alternative once the site is fully in compliance with City Code. Staff would not support an HOP for the site until the items noted above that are out of compliance (e.g. inoperable vehicles, number of vehicles, parking on grass, junk items) are addressed. The attached resolution is written in favor of this alternative. The Planning Commission was split on their vote to motion for approval.

Note: The Planning Commission's recommendation for the Home Occupation Permit was a split vote 3-2 but did pass to move to City Council. Minutes are attached.
 

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

Based on Planning Commission feedback, Staff recommends approving an amended request for a Home Occupation Permit for a Garbage Hauling Company at 17030 Baugh St NW. This would be a less-intensive permit than originally applied for, with book-keeping and two trucks.

Note: The Planning Commission's recommendation for the Home Occupation Permit was a split vote 3-2 but did pass to move to City Council. Minutes are attached.

Motion adopt Resolution #20-026 approving a Home Occupation Permit for a Garbage Hauling Company at 17030 Baugh St NW.