Consider Resolution #18-066 Approving Home Occupation Permit at 5751 177th Ave NW (Project #17-152); Case of Tracer Landscape and Concrete LLC - Please Note:  this case has been removed from the agenda - to be considered at another date. 

Through the code enforcement program, the City learned of a home based business being operated on the property located at 5751 177th Avenue NW. Upon receipt of a request for information notice from the City, the property owner submitted a completed Home Occupation questionnaire and subsequently submitted an application for a Home Occupation Permit for Tracer Landscaping and Concrete, LLC.

Staff acknowledges that this business previously operated beyond the parameters of the home occupation requirements. The Applicant has alleged that these activities (gravel surface, outside storage) were not related to the home occupation, but personal landscaping occurring at the Subject Property. The Applicant, working through their Attorney, has proposed adjustments to the home occupation in an attempt to comply with the City's regulations. Staff does note some concern about the ability to comply with the agreement, most notably outside storage, but is willing to obtain City Council direction to allow the Applicant the opportunity to comply.

There is known opposition from neighboring properties.

Staff attempted to notify all Property Owners within 700 feet as well as all properties located on 177th Ave NW of the Public Hearing that was held at the Planning Commission meeting. A Public Notice was also posted in the City's official newspaper.

The Applicant owns and operates Tracer Landscaping and Concrete, Inc. The business currently operates from the Subject Property with clerical work being completed within the home and equipment associated with the business stored outside on a class V gravel surface. The Subject Property is 7.92 acres in size and is in the R-1 Residential (Rural Developing) zoning district.

The Applicant is proposing to construct a detached accessory building that would store all associated business equipment and would provide adequate space and maneuvering to accommodate all loading and unloading of miscellaneous equipment. 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.

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 shall be stored or parked outside on the site of the home occupation.  In addition, one piece of commercial equipment affiliated with the home occupation shall be allowed to be stored or parked on the site of the home occupation in accordance with Section 117-355. Currently the business has nine (9) pieces of equipment which are currently stored outdoors on a gravel surface. The Applicant has proposed to construct a detached accessory building that would house all of the business equipment.

Alternatives:

Alternative #1: Adoption of Resolution #18-066 Approving the home occupation permit. There are several matters that need to be address by the Applicant, including the construction of the accessory building, removal of current gravel parking surface, and restoration of a residential driveway which adheres to City Code. However, each of these could be fairly easily remedied and done so in a timely matter.  While there are two (2) non-resident employees, the intent of City Code is to limit how many non-resident employees work on the site of the home occupation. Both of the non-resident employees come to the property two (2) times a day to drop off and/or pick up equipment and do not conduct any work on the property.

Alternative #2: Deny Resolution #18-066 approving the home occupation permit. This action will need to be supported by adopting findings of fact to support the denial. This matter was originally brought to the City's attention through the code enforcement program. Concerns have been raised related to vehicular traffic, outdoor storage, and loading and unloading of equipment on the public roadway. The City's off-street parking ordinance does allow one to bring commercial motor vehicles and/or equipment to their residential property under certain criteria and, while certain corrective actions are needed to comply with this ordinance, it seems like these standards could be accomplished. However, there is the potential concern that the Applicant does not comply with the corrections, and enforcement becomes more difficult after approval.

All costs associated with the requested permit are the responsibility of the Applicant.

The Planning Commission Recommended approval of the requested home occupation permit on a 5-2 vote based on the conditions set forth in Resolution #18-066 including a condition regarding hours of operation being limited to Monday - Friday from 7:00 am to 7:00 pm.

A Home Occupation Permit will afford the opportunity to allow the Owner to make appropriate corrections and amend the business operation to be compatible with the surrounding neighborhood. Should the operation prove to continue to be disruptive to the residential neighborhood, the City has the opportunity to revoke the permit and the operation would need to cease on the Property. Staff would recommend a review of the case at the end of this summer. By agreeing to these terms, the Owner must also agree that the fact that an accessory building is constructed is not grounds to retaining the Home Occupation Permit should the permit be revoked.

Motion to recommend that the City Council adopt Resolution #18-066 issuing a home occupation permit to operate Tracer Landscaping and Concrete, LLC on the property located at 5751 177th Avenue NW based on those findings of fact and listed conditions for approval.