PUBLIC HEARING: Consider an Interim Use Permit and Home Occupation Permit for Sewer Works at 17725 Nowthen Blvd. NW

The City received an application from Russell Peterson (the "Applicant") for a Home Occupation Permit for a septic maintenance business called Sewer Works at 17725 Nowthen Blvd NW (the "Subject Property"). The business has operated from the property since 1973, but has not been required to obtain a Home Occupation Permit until now. The Applicant is expanding the business with a second pumper truck on the property which they plan to continue to store outside.  This necessitates a Level II Home Occupation Permit because of the increase in number of vehicles. During the Planning Commission meeting on December 1, 2022, the Planning Commission recommended an Interim Use Permit to allow an existing semi-trailer to remain in the front yard for business storage until the property is sold or the business ceases operations.

The City attempted to send a mailing via Standard US Mail to property owners within 350 feet of the Subject Property, as noted in the Anoka County Property Records, notifying them of the public hearing with the Planning Commission on December 1, 2022. The notice was also published in the Anoka county UnionHerald.

An additional public hearing notice was sent to the paper and residents for the Interim Use Permit request.

Subject Property
The Subject Property is zoned R-1 (Rural Developing) Residential, and is guided Rural Developing in the City's 2040 Comprehensive Plan. It is 1.56 acres in size, with steep elevations on the western half of the property where the dwelling and accessory structure are located. The property accesses Nowthen Blvd to the west with a horseshoe driveway consisting of recycled bituminous and concrete. A Variance to the front setback was approved in 2009 for a 35' x 28' accessory structure that was proposed to be utilized for personal storage. Surrounding properties are similar in size and also zoned and guided Rural Developing.

Home Occupation Permit
Sewer Works first started operations in 1973 at the Subject Property and has continued operations for the last 49 years. The business will mainly consist of storing materials and vehicles. The Applicant has stated they have one (1) helper that will come to the site and leave with him in the morning, and they anticipate leaving at 7:00 a.m., and returning at 5:00 p.m. from Monday through Friday. When the Applicant plans to retire, the business will be continued by his son at an alternate location outside of Ramsey. The Applicant is requesting to store one (1) of two (2) pumpers outside, and the other will be stored inside the accessory structure. This requires the Level II HOP due to an increase in use related to additional commercial vehicles and outdoor storage.

Interim Use Permit
The semi-trailer was discussed in-depth during the Planning Commission meeting, and the Planning Commission recommended approval of the Home Occupation Permit be contingent upon approval of an Interim Use Permit to allow the semi-trailer to remain for an unspecified period of time. Typically, a request of this nature would come from a commercial or industrial property in the City, and Staff does not have knowledge of approval for a request of this nature for a residential property. The proposed Interim Use Permit would allow the semi-trailer to remain on the Subject Property for business-related storage until either the property is sold, or the business ceases operations. At that time, the Applicant will be required to remove the trailer from the Subject Property. Approving a request of this nature may set a precedent for other residential properties in the City for the use of semi-trailers for personal storage and generate additional code enforcement complaints or similar Interim Use Permit requests.

Public Correspondence
City Staff received one (1) general inquiry call and they did not state opposition or support for the request. There were a few online attendees during the Planning Commission meeting, but none of them spoke regarding this request.

Planning Commission - December 1, 2022
The Planning Commission recommended approval of the Home Occupation Permit and Interim Use Permit for the semi-trailer (6-0 vote) during their regular meeting on December 1, 2022. Draft minutes of the discussion are attached to this case.

Additional Considerations
The request for a Home Occupation Permit was code enforcement initiated after a complaint was received in March of 2022 regarding a semi-trailer visible from Nowthen Blvd. The complaint was verified and a letter was sent to the property owner. The Applicant has stated the semi-trailer is used for storage of business items as well as items for beekeeping, and protection from potential crashes on Nowthen Blvd. The semi-trailer houses business materials such as risers, tanks, pumps, lime, etc. The existing accessory structure does not have space inside with a pumper truck, a large steamer, a pickup truck, and other business materials.

Prior to the December meeting, City Staff were informed of a potential second business on the property. Berres Excavating is listed under the Minnesota business filings with an office located at that address. The Applicant's daughter was contacted, and she stated that this business is owned by a family member who is temporarily using the address. They do not plan on conducting business from the property, but they are in the process of moving and wanted the State of Minnesota to have an accurate address where they could be reached in the interim. The approving resolution states that a second business is not allowed on the Subject Property. Berres Excavating will not be allowed to operate from this address.

City Attorney Perspective
The City Attorney recommends the Applicants pursue the Interim Use Permit. The Applicants would have to provide extensive evidence to prove there are lawful, nonconforming rights for the semi-trailer. If the trailer is used for the business, an Interim Use Permit would be the best solution to require removal of the trailer when the business ceases or the property changes hands. City Staff still recommend the immediate removal of the trailer, but the Planning Commission recommends the Interim Use Permit.

Alternatives

• Alternative 1: Approve the Home Occupation Permit, but not the Interim Use Permit for the semi-trailer. The business aligns with Zoning Code standards, and the Applicant would be required to remove the semi-trailer. As standard with home-based businesses, only a single business would be allowed to operate on the property. City Staff supports this alternative.
• Alternative 2: Approve the Home Occupation Permit and Interim Use Permit. The Planning Commission recommends this alternative, but City Staff believe this will set a precedent for other residential properties that do not require a semi-trailer for storage of business-related items. City Staff expect similar requests for Interim Use Permits to come forward.
• Alternative 3: Deny the Home Occupation Permit and Interim Use Permit. The business has a longstanding history at the Subject Property, and has operated for nearly 50 years without generating complaints regarding the business. The proposed use is compliant with the Zoning Code for home occupation standards. The Planning Commission and City Staff do not support this alternative.

The Applicant is responsible for all costs associated with the project and review.

The Planning Commission recommends adopting Resolution #22-003 Approving an Interim Use Permit for a semi-trailer at 17725 Nowthen Blvd NW.

- and/or -

City Staff recommend adopting Resolution #23-002 (formerly #22-271) Approving a Home Occupation Permit for Sewer Works at 17725 Nowthen Blvd NW with City Staff contingencies. The Planning Commission recommends adopting Resolution #23-002 (formerly #22-271) Approving a Home Occupation Permit contingent on approval of an Interim Use Permit for the semi-trailer;

Adopt Resolution #23-003 Approving an Interim Use Permit for a semi-trailer at 17725 Nowthen Blvd NW.

- and/or -

Adopt Resolution #23-002 (formerly #22-271) Approving a Home Occupation Permit for Sewer Works at 17725 Nowthen Blvd NW, with or without contingencies;