PUBLIC HEARING: Consider Resolutions #16-01-012 and #16-01-013 Related to a Request for a Home Occupation Permit for a Food Truck Business with a Commercial Grade Kitchen on the Property Located at 7960 171st Lane NW (Project No. 16-04); Case of John and Anne Reineck

The City has received an application for a Home Occupation Permit from John and Anne Reineck (the "Applicant") to operate a food truck business with a commercial grade kitchen for food preparation on the property located at 7960 171st Lane NW (the "Subject Property").  The Applicant is not the fee owner of the Subject Property yet; however, it is for sale and the current owner of the Subject Property has signed the application as well.  If approved and if the home is still available, the Applicant would purchase and occupy the home on the Subject Property.

The food truck business would be a part-time operation as the Applicants both hold full-time employment in other fields. The food truck itself and a smaller support vehicle would both be stored out of view in a pole building in the rear yard with a newly constructed driveway. The Applicants are proposing to transform part of the house's three-car attached garage into a commercial kitchen where they would do food preparation. All actual business and selling of food would be conducted off-site using the food truck and support vehicle. The Applicants' food truck business would not have any additional employees who do not live at the Subject Property so the only traffic impacts to the neighborhood would be the food trucks themselves coming and going 2-3 times per week as well as a once or twice monthly delivery of supplies. The commercial kitchen will be contained within the garage and concealed from view with the exception of a smoker that vents into the rear yard through an exterior venting system. The Applicant has offered to construct a wood fence around the back area of the garage to fully screen the smoker and exhaust vents from view. This smoker is anticipated to be used roughly twice a month.

Staff attempted to notify all Property Owners within a 350 foot radius of the Properties of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald.

The Applicant currently owns and operates a part-time food truck business. Both Applicants have full-time jobs and operate their food truck business primarily on the weekend. The Applicants have been operating their food truck business out of their home in Fridley for several years and there have been no documented complaints or issues related to its operationn. They are looking to relocate to Ramsey and would like to expand their business with the addition of on-site food preparation.  The Applicant has identified the Subject Property as a desirable location and is attempting to obtain a Home Occupation Permit for their business operation prior to acquiring the Subject property.  The only commercial activities that would occur on the Subject Property include food preparation and loading and unloading their food truck.  There would be no retail activities occurring on the Subject Property, nor would there be any customers coming to/from the Subject Property.
 
The Subject Property is approximately 2.26 acres in size and is located within the R-1 Residential (Rural Developing) zoning district.  The surrounding properties are of similar size and are within the same zoning district.  There are two (2) detached accessory buildings on the Subject Property as well as a three (3) car attached garage.  The Applicant is proposing to convert a portion of the attached garage into a commercial grade kitchen for food preparation.  This will include the installation of various kitchen appliances, such as sinks, a refrigerator, a freezer, an oven, shelving, countertops, and a smoker.  All of the proposed improvements would occur within the attached garage with the exception of the smoker.  A portion of the smoker would extend out the rear wall of the attached garage and would include ventilation equipment similar to roof vents. The applicants anticipate using the smoker one (1) to two (2) times a month for two (2) to four (4) hours of smoking per use. The smoker device itself would operate for 14-18 hours each use, typically overnight, but smoke would only be added for two (2) to four (4) hours. For the remaining hours the smoker would simply function as a large oven. The Applicant is offering to construct a wood fence around the back part of the attached garage to screen the smoker from view.

The Applicant has sought to alleviate any concerns that the smoker might present a nuisance to adjacent properties and has stated that the smoker would discharge less smoke than a typical fireplace. Although not directly applicable to this request, City Code Section 117-361, which governs the use of solid-fuel heating devices, requires that exterior solid-fuel heating devices be located at least 75 feet from the property line. This is intended to allow the device's exhaust smoke to mostly dissipate before reaching neighboring properties. The Applicant's smoker, which reportedly will generate far less smoke than a solid-fuel heating device, is proposed to be more than 200 feet from the nearest property line.

The Subject Property is serviced by an individual well and septic system. The Applicant uses disposable pans in the smoker and reports that the current food truck operation results in roughly the same amount of dishes to wash each weekend as a dinner party might. The Applicant plans to install a commercial grease trap on the sink drain to ensure that grease does not enter the septic system. The Applicant has submitted a septic design and management plan which is subject to City review and approval. Rotz Septic Service, which completed the plan, has recommended that the Applicants add an additional 1,000 gallon tank to their system. They have also been advised to add a water meter and install manholes and to get their system serviced on a yearly basis. The Applicant does not anticipate the food truck business generating enough solid waste to necessitate an on-site dumpster and is proposing to have all waste stored in standard trash bins and removed by their normal waste hauler.

The food truck itself as well as a second commercial vehicle, a "stock truck" that supports it with extra supplies, will both be stored out of view in a detached accessory pole building in the rear yard. The Applicants are proposing to install a Class V gravel driveway between the street and the pole building. The commercial vehicles would only be in public view for a couple of hours each week while the Applicants are loading them up with supplies before taking them off-site.

Impacts on neighborhood traffic are expected to be minimal. The Applicant anticipates there being two (2) to three (3) round trips made each week by their commercial vehicles. They also anticipate that there will be one (1) to two (2) deliveries of supplies each month to the Subject Property and they have stated that these deliveries will not be made by a semi-truck. The home occupation will not have any employees who do not reside on the Subject Property so no employee trips will be generated by this business. The home occupation will not involve any retail sales or transactions with the public at the Subject Property.

It is noted that the Applicant also operates a home-based IT consulting business. Based on the information provided by the Applicant noting that there are no retail customers or non-resident employees on-site or other exterior evidence, Staff does not believe that a Home Occupation Permit is required for this activity. Nonetheless, the activity is noted in the Home Occupation Permit for clarity purposes.

 Alternatives

Alternative 1- Recommend approval of the home occupation application as presented. The City Council could be advised to require that a wood fence be constructed behind the commercial kitchen to screen the exhaust vent from view, something the Applicant has offered to do. The City Council could also require that the recommended modifications to the septic system given by Rotz Septic Service be implemented by the Applicant in order to gain approval.

Alternative 2- Recommend approval of the home occupation permit but with additional conditions as directed by the Planning Commission.

Alternative 3- Recommend denial of the home occupation permit.

All costs associated with this request are the Applicant's responsibility.

Staff recommends approval of the home occupation permit as presented.

Motion to recommend that City Council adopt Resolutions #16-01-012 and #16-01-013 approving a home occupation permit for a part-time food truck business and commercial kitchen at 7960 171st Lane NW.