Receive Update on Home Occupation at 5751 177th Ave NW; Case of Tracer Landscaping LLC

The purpose of this case is to gather feedback from the Planning Commission as it relates to an existing home occupation located at 5751 177th Ave NW. The Applicant has not at this time submitted an official application for a home occupation permit as it is Staff's request that the Planning Commission consider the home occupation prior to a formal application being made.

While not required at this time, Staff did notify adjacent property owners that the home occupation would be discussed at this meeting.

Staff was first made aware of the home occupation when it received calls from adjacent property owners regarding traffic and outdoor storage being generated as a result of the home occupation. Staff responded to that complaint by completing an inspection. During the inspection staff noted a trailer which was parked on the side of the road that appeared to have had a bobcat stored on it as there was dirt tracked onto the roadway. A picture is included in the attachments of this case. Staff also noted a large gravel parking surface, a second trailer, and two pickup trucks.

As a result of the site inspection, Staff sent the property owner the City's Home Occupation questionnaire to determine the appropriate next steps.  The property owner indicated on the questionnaire that no deliveries are made to the property, but that his two employees did come to the property each day to carpool or drive equipment to the days job site. They also would come to the property to pick up paychecks. The property owner also has equipment associated with the business parked outside that constitutes outdoor storage. Staff informed the property owner that in order to operate as he currently was, that a Home Occupation Permit would have to be reviewed by the Planning Commission and City Council.

Employees to the Home:

At that time the property owner elected to no longer have the employees come to the home and instead met the employees on the project site and any equipment needed the next day, the employee was to drive home and bring with them the following day. This eliminated the employees coming to the property.

Outdoor Storage:

The property owner indicated that the company has a total of 5 pieces of equipment associated with the businesses as well as a personal vehicle which has company advertising. A list of the equipment is provided below. Currently the equipment is parked outdoors but the intent of the property owner is to construct an accessory building in the spring that would house all of the equipment.

1. Ford F-250 (2 of them - 1 of which is the owner/operators personal vehicle)
2. Ford F-550 Dump Truck
3. Flatbed trails (2 of them)
4. Skidsteer

Conclusion:

The Planning Commission should consider whether or not the large parking area and the possibility of loading and unloading of equipment constitutes as exterior evidence of the home occupation assuming that an accessory building is in fact constructed that would house all of the associated equipment.  If it is the opinion of the Planning Commission that exterior evidence would remain than it should indicate as such and Staff will carry that opinion forward to the City Council.  Opinion of the Planning Commission and City Council will dictate whether or not Staff requires the property owner to pursue a formal home occupation permit.

At this time costs associated with this case are being covered by the City.  If a formal home occupation permit application is submitted in the future, all costs would be the responsibility of the Applicant.

No formal recommendation is needed at this time. However, Staff is seeking the opinion of the Planning Commission as it relates to the existing home occupation and its adherence to the City's Home Occupation Ordinance specifically as it relates to exterior evidence. Staff does believe the home occupation is operating at a larger scale ordinarily found within a residential district.

No formal action is requested at this time.