Adopt Resolution #21-175 Approving a Home Occupation Permit for 8351 160th Avenue NW (Project 21-119); Case of Jacob Johnson  Please Note:  This case was moved to be considered as 7.00

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, for the Planning Commission meeting on August 26, 2021. A notice was also published in the Anoka UnionHerald, the City's Official newspaper for the public hearing. 

No notifications are required for the City Council meeting. 

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, and the  Planning Commission recommended approval at their August Meeting. Onsite business operations include:

• Use of the detached 20x40 garage for storage and mechanical work
• Four (4) non-resident employees to come to the home
• 16 vehicle trips per day entering and leaving the property daily
• Onsite storage of landscaping equipment

Employees would come to the Subject Property to pick up their work vehicles, equipment, and materials daily. The Applicant has been issued a permit for a second driveway. This is where the applicant plans for the equipment and landscaping materials to be stored.

Hours of Operation (Proposed)
The hours of operation are 7am to 5pm Monday through Friday. Applicant has stated this is the latest and the hours are more regularly 7am to 3pm.

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 removed the nuisance violations and has stated installation of the second driveway is contingent on this home occupation permit. 

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

Planning Commission has approved the Home Occupation Permit (HOP) request with conditions that all employee parking will be off of the public street; four (4) vehicles, four (4) trailers, and two (2) skid steers used in connection with the home occupation, and a maximum of sixteen (16) vehicles trips in a typical 24-hour period. 

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

The Planning Commission recommends approval of the application for a Home Occupation Permit for a landscaping business at 8351 160th Avenue NW; with conditions to ensure the business does not remain in the residential district should it outgrow its current operation parameters. 

Motion to adopt Resolution #21-175 Approving a Home Occupation Permit for a landscaping business at 8351 160th Avenue NW.