Adopt Resolution #18-160 Approving Request for a Home Occupation Permit for Auto Detailing at 7950 149th Lane NW, Case of Linda and Troy Neiss

Through the code enforcement program, the City learned of a home-based business being operated on the property located at 7950 149th Lane NW (the "Subject Property"). City Staff has been working with Linda and Troy Neiss (the "Applicant") since January 2018.  This business previously operated beyond the parameters of an administrative home occupation requirement, due to off-street parking violations, outdoor storage, the number of vehicles onsite, and the driving to the property over the City-owned property.  The Applicant has stopped accessing the detached garage via City-owned property and has requested a dirveway extension as a part of this review. Staff has also included it as a condition of approval (condition 6).

The Applicant has provided a copy of supporting documentation showing no objection from surrounding neighbors.

The City attempted to notify all property owners within a 350 foot radius of the property and dutifully noticed the public hearing in the City's official newspaper, the Anoka County Herald.

Business Details
The Applicant owns a small automobile detailing business. The business currently operates from the Subject Property. The business previously operated from the detached garage, but is currently operating out of the attached garage until the home occupation permit and driveway permit are approved to continue work in the detached garage. The detached garage is currrently only accessible via grass. Use in either structure would require the issuance of a Home Occupation Permit.

Subject Property
The Subject Property is 1.01 acres in size and is in the R-1 Residential (Rural Developing) zoning district. The property is on the corner of 149th Lane and Armstrong Boulevard and abuts City-owned property to the south. The City-owned property is not expected to be developed in coming years. There is no proposed outdoor storage.

City Code Requirements
The Applicant is proposing to operate the detailing business out of the 900 square foot detached accessory garage 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 at 480 square feet.

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. The Applicant has not proposed any outdoor storage and will keep all equipment within the detached garage.

The Applicant has been using a piece of City-Owned Land adjacent to the Subject Property. The Applicant will not be able to use this City Property to access their property. Since a commercial use is being introduced in a residential district, installation of a driveway to access the detached garage is appropriate. The driveway would have to be at least 5 feet from the side lot line and could not be wider than 15 feet.

Planning Commission
The Planning Commission met on August 2nd and held a public hearing. The Planning Commission unanimously recommended approval of the Home Occupation Permit.

Alternatives:

Alternative #1: Adoption of Resolution #18-160. This alternative would approve the Home Occupation Permit. This would permit the existing business, eliminate a code enforcement case, create conformity for an existing building that currently does not comply with City Code, and place conditions on the operations of the business. City Staff would support this alternative.

Alternative #2: Deny Resolution #18-060. This would deny the Home Occupation Permit.  This matter was originally brought to the City's attention through the code enforcement program. While concerns have been raised related to vehicular traffic and outdoor storage, City staff feels confident the conditions of the home occupation permit would address these issues. City Staff would not support this alternative.

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

Planning Commission recommends adoption of Resolution #18-160.

Motion to adopt Resolution #18-160 issuing a Home Occupation Permit at 7950 149th Ln NW.