Re: home occupation - Laserfiche WebLink

Home Browse Search

REQUEST FOR COUNCIL ACTION Date: 8 July 2009 Item No. Department Approval: ��,�� J Administrator Approval: Agenda Section: Name: Melanie Curtis l/ Title: Planning & Zoni g Coordinator Item Description: Gary Frazier—4555 Spruce Way— Home Occupation License Review—Appeal Staff Interpretation Zoning District: RR-1A, One Family Rural Residential Lot Area: 10.0 Acres List of Exhibits: Exhibit A - Letters from Staff Exhibit B - Staff Photos &Aerial Photo Exhibit C - Information Submitted by Property Owner Exhibit D - Relevant City Code Sections 78-1376 & 26-76 Exhibit E - Pages from the Express Delivery Systems website Application Summary In response to a complaint regarding Express Delivery Systems' vehicle traffic, staff conducted a drive-by property inspection. The property inspection confirmed two Express Delivery straight trucks parked at the residence and "Express" printed on their address marker sign. A letter was sent to the property owner with notification that commercial use of residential property is governed by City Code 78-1376 regarding Home Occupations. The office of the business may be housed within their residence but the remaining business activity is not permitted. While it does not fully meet the definition of a dispatch center as listed within 78-1376 "...where persons come to a site and are dispatched to otherlocations..." staff feels this business falls under the category of Prohibited Home Occupations as with the traffic level it is potentially most similar to a dispatch center. Gary Frazier is the property owner. Mr. Frazier is appealing the staff interpretation as a prohibited home occupation. His request is attached as Exhibit C along with some photographs and a map of the area. In cases where it is unclear whether a home occupation should be classified as Level 1 or Level 2, the zoning administrator shall make such a determination subject to City Council confirmation if requested by the operator of the home occupation. In this instance, it is unclear as to whether or not the property owner is operating a Level 2 home occupation or if the use is prohibited. Should it be determined that this qualifies as a Level 2 home occupation the property owner will be required to submit a Home Occupation License application and obtain a property owner list from Hennepin County so the properties within 350' may be notified an upcoming public hearing. Conformance with the Home Occupation License Requirements According to City Code, Level 2 home occupations may include but are not strictly limited to: 1. Those with employed persons other than occupants of the dwelling. The applicant has one employee who also resides at the address. 2. Those carried out partially or wholly in an accessory structure, where allowed, including 1