PUBLIC HEARING: Consider Resolution #21-175 Denying a Home Occupation Permit for 8351 160th Avenue NW (Project 21-119); Case of Jacob Johnson

The purpose of this case is to consider an application for a Home Occupation Permit for a landscaping, lawn and snow removal company at 8351 160th Avenue NW (the "Subject Property"), including the outdoor storage of landscaping equipment and vehicles. Jacob Johnson (the "Applicant") applied for the Home Occupation Permit (HOP) after staff discovered the business through the code enforcement program. The Applicant has applied for a second driveway to store the vehicles and equipment for the landscaping business. The Subject Property is in the R-1 Residential (Rural Developing) Zoning District and guided as Low Density Residential in the Comprehensive Plan. The Subject Property abuts other residential properties and Forest Hideaway Park.

Notifications of this proposal 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 UnionHerald, the City's Official newspaper. 

General
The Subject property is located at 8351 160th Avenue NW. The Subject Property is zoned R-1 Residential (Rural Developing) and is approximately 1.65 acres in size. All surrounding properties, but the park across the street from the Subject Property, are zoned the same.

Summary of Request
The Applicant seeks permission to continue to use the Subject Property as a base for the landscaping company, with direction recommended by the Planning Commission at their July Meeting. Onsite business operations include:

• Use of the detached 20x40 garage for storage and mechanical work
• Six (6) non-resident employees to come to the home
• 16 vehicle trips per day entering and leaving the property daily
• Onsite storage of landscaping materials and equipment

Employees would come to the Subject Property to pick up their work vehicles, equipment, and materials daily. The Applicant has applied for a second driveway to be installed for the equipment and landscaping materials to be placed on.

Hours of Operation (Proposed)
The hours of operation are 7am to 5pm Monday through Friday. 

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 equipment and vehicles stored on the property as well as off-street parking and public nuisance violations. Staff followed up on the open case from 2019 and requested the Applicant remove nuisances from the property and apply for a home occupation permit for the home-based business. The Applicant has applied for a driveway permit as well as have worked on removing accumulated brush nuisances from the property. 

Permit/Licenses
The business is a registered s-corp with MN Department of Agriculture licenses for fertilizer (#20044018) and commercial pesticide application (#20172269).

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 is significant outdoor storage. This alternative may disturb the peace of the neighborhood.

Alternative 2: Approve an amended Home Occupation Permit (HOP) allowing the storage of landscaping materials, the use of the detached garage, and a limit to the number of equipment and vehicles on the property. Staff does have some concerns with this alternative, but believes the City can place conditions on the use to ensure the number of trips, vehicles, and equipment remains as approved and items not parked on the public streets in the neighborhood. 

Alternative 3: Deny the HOP. 

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

Staff recommends denying the application for a Home Occupation Permit for a landscaping business at 8351 160th Avenue NW. This use will require additional maintenance of the neighborhood road ways at the cost of the public for public facilities and services. Additionally, Staff has received complaints about the use and finds that the use is outside of what one would typically find in a residential setting. Staff finds that the use is more compatible with a commercial or industrial district.

Motion to recommend that the Planning Commission deny Resolution #21-175 approving a Home Occupation Permit for a landscaping business at 8351 160th Avenue NW.