Consider Request to Amend a Home Occupation Permit for Peace Keepers, Inc. at 6025 177th Ln NW; Case of Derek Trout

The City received an application from Derek Trout (the “Applicant”) requesting an amendment to his administrative (Level I) Home Occupation Permit due to expansion of his firearm sales business in a detached single family home located on the property generally known as 6025 177^th Lane NW (the "Subject Property"). The Home Occupation offerings have expanded beyond the Home Occupation Permit approved administratively by City Staff in 2019.

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 for the public hearing. All public notices were posted for the Planning Commission meeting on February 24, 2022.

2019 Administrative (Level I) HOP
The Applicant is proposing to expand their current firearms Home Occupation Permit (HOP) on the Subject Property. The request is a result of the City's code enforcement process after a complaint was received regarding the business expansion. The Applicant has an administratively approved HOP from 2019, which indicates the following aspects of the business:

• Online-only sale of firearms; and
• Business trips may not exceed two (2) round trips per day; and
• Expansion of the Home Occupation will require the Applicant to reapply for the permit; and
• Firearms must be secured or attended to at all times; and
• All firearm testing must be done off-site; and
• Complaints received about the business can be brought to the City Council for possible revocation of the permit; and
• Not meeting any of the conditions can result in immediate permit revocation.

Current/Proposed Expansion (Level II required)
The Applicant is currently operating the Home Occupation in this manner, but is now seeking formal approval to amend the HOP to include the actions listed below:

• Expanding from online-only sales to in-person sales; and
• Selling ammunition and accessories; and
• Hosting Permit to Carry classes; and
• Utilizing a single Ramsey-resident employee; and
• Increasing the area of business operations by an additional 200 square feet by moving the business from the dwelling unit to a soon to be completed pole barn.

Accessory Structure
The Subject Property currently has a building permit for the accessory structure that has not been finalized. The Applicant is proposing to utilize this structure for their business operations. A final inspection will need to pass with the City's Building Division before the structure would be approved for operations related to the Home Occupation. City Code Section 117-351 (Home Occupations) states that home occupations are permitted in detached accessory buildings as long as there is at least 400 square feet of accessory building space reserved/maintained for the primary residential garage. There is an attached garage on the Subject Property that satisfies this requirement.

Exterior Evidence/Vehicle Trips
City Code Section 117-351 (Home Occupations) states that there shall not be any exterior evidence of said home occupation such as displays, exterior storage of home occupation equipment and vehicles, materials, supplies, inventory or merchandise, except for one motor vehicle affiliated with the home occupation may be stored or parked outside on the site of the home occupation. Section 117-351 also states that the Home Occupation cannot generate excessive vehicular traffic, which is defined as eight (8) or more round trips in a single day and not more than one (1) customer at a single time. The Applicant has not proposed any exterior evidence for their expansion. Although, the Permit to Carry classes will generate a larger number of vehicle trips in a single day and will include more than one (1) customer at a time.

Public Safety
The City of Ramsey Police Chief has reviewed the proposed business expansion and has no objections.  His comments, which are in the form of an email dated February 8, 2022, are attached to this case.

Resident Comments
A public notice was sent to surrounding properties on Wednesday, February 9th - notifying owners up to 350 feet from the Subject Property regarding their request. Since then, the City has received multiple inquiries that were tracked below, each number signifying a different caller:

1. Phone call on Friday, February 11 in support of the request
2. Phone call on Friday, February 11 against the request
3. Phone call on Monday, February 14 against the request
   • An additional call from this same caller on Tuesday, February 15 stating the Applicant continues to operate beyond their allowed 2019 HOP with multiple vehicles entering and leaving the property throughout the day.
   • Additional voicemail on Friday, February 18 received about the traffic conducted from the Subject Property.
4. Voicemail received on Wednesday, February 16 inquiring about the request, Staff returned the call and left a message advising a return call to discuss more.
5. Phone call with a neighboring resident on February 17 stating their opposition of the request and stating they will be attending the meeting.
6. Voicemail received on Thursday, February 17 against the request. Staff returned the call and discussed the request with them.

Written comments have been submitted regarding the request and are attached for review.  Draft minutes from the February 24, 2022 Planning Commission meeting are attached and include verbal comments provided at the meeting.

Planning Commission 2/24/2022
The Planning Commission reviewed the proposal and recommended denial of the HOP amendment during their regular meeting on February 24, 2022.


Alternatives
Alternative #1: Deny the requested Amended Home Occupation Permit.  This matter was originally brought to the City's attention through the code enforcement program and concerns have been raised related to the severity of the expansion and public safety aspects. Planning Commission supports this alternative.

Alternative #2: Approve an Amended Home Occupation Permit.  This would officially authorize the expanded business operations already occurring on the Subject Property.  Furthermore, it would eliminate a code enforcement case and place conditions on the operations of the business when the accessory structure is completed.  Planning Commission did state that if the Council wished to approve the expansion of the HOP, two minimum conditions related to an inspection of the site by the Police Chief occur and to limit business trips to four round trips per day with the exception of holding a permit to carry class once per calendar year quarter and six customer vehicles for the class.  Additional conditions could also be considered.

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

The Planning Commission recommends
The Planning Commission recommends denial.

Motion to adopt Resolution #22-041 Denying an Amendment to a Home Occupation Permit at 6025 177th Lane NW.

-or-

Amend the language of Resolution #22-041 to Approve an Amendment to a Home Occupation Permit at 6025 177th Lane NW with the following conditions:

• TBD by City Council at the meeting