HomeMy WebLinkAboutRe: home occupation CITY OF ORONO 4555 SPRUCE WAY
2750 Kelley Parkway
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323
952.249.4600 DATE OF NOTICE: September 28, 2009
TO: Gary Frazier COPIES:
Express Delivery Systems
4555 Spruce Way
Maple Plain, MN 55359
TYPE OF APPLICATION: Level 2 Home Occupation
DATE OF MEETING: August 24, 2009 VOTE: 3 FOR 0 AGAINST
Motion: To approve the Level 2 Home Occupation license per the findings and conditions at the
August 24, 2009 Council Meeting.
Level 2 Home Occupation is limited to the extent shown on the Level 2 Home Occupation License.
Any changes are subject to further review by the City. Please note, Level 2 Home Occupations are
reviewed annually. You will receive an application for the 2011 license prior to expiration of the
current license.
If you desire certified copies of the official Council minutes, they are available from the City Clerk
after review and approval by the City Council.
If you have questions please call Melanie Curtis, Planning &Zoning Coordinator, at 952.249.4627.
�O,� LEVEL 2 HOME OCCUPATION LICENSE
O O GRANTED TO GARY FRAZIER
a FOR
� ��' EXPRESS DELIVERY SYSTEMS
��0$,4►
WHEREAS, Gary Frazier is the owner of Express Delivery Systems, a courier business,
operated from his residence at 4555 Spruce Way;
WHEREAS, on July 30, 2009, Gary Frazier submitted a Level 2 Home Occupation
License Application;
WHEREAS, the home occupation consists of two, non-passenger vehicles or "straight
trucks" and two employees who reside at 4555 Spruce Way;
WHEREAS, the Orono City Council held a Public Hearing on August 24, 2009 to review
the Level 2 Home Occupation License request for Express Delivery Systems;
WHEREAS, the adjacent neighborhoods along Spruce Way and the north end of
Townline Road are just beginning to develop; currently the potential impacts of the home occupation
are minimal due to the lack of residential development within the immediate neighborhood; and
WHEREAS, on August 24, 2009, the Orono City Council granted approval of the Level 2
Home Occupation License for Express Delivery Systems with certain conditions.
NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council approves the
Level 2 Home Occupation application of Gary Frazier, owner of Express Delivery Systems, at
4555 Spruce Way with the following conditions.
1. The business is limited to two (2) single axel, "straight trucks" not to exceed 26,000 GVW;
2. The vehicles associated with the business are to be stored in an enclosed building by
August 24, 2010;
3. The vehicles may be replaced with a similar vehicle if necessary;
4. No freight may be brought to site;
5. Trucks must be empty and comply with vehicle road weight restrictions;
6. Each truck is limited to one (1) round trip from the address per day;
7. An increase in density of residential homes on Spruce Way and/or Townline Road may
trigger a review of the license;
8. Application will be reviewed annually.
Approved at the regular meeting of the Orono City Council this 24th day of August 2009.
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/2�C�� �
Melanie Curtis
Planning & Zoning Coordinator
PO Box 66, Crysta/Bay, Minnesota 55323-0066
(952)249-4600
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,August 24,2009
7:00 o'clock p.m.
ROLL
The Orono City Council met on the above-mentioned date with the following members present:
Acting Mayor James Murphy,Council Members Cynthia Bremer,and Douglas Franchot. Representing
Staff were Finance Director Ron Olson,Assistant City Administrator for Long-Term Strategy Mike
Gaffron,Zoning and Planning Coordinator Melanie Curtis,City Engineer Tom Kellogg,and Recorder
Jackie Young.
Acting Mayor Jim Murphy called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 5 and 7 through 13 were added to the Consent Agenda.
Bremer moved,Franchot seconded,to approve the Consent Agenda as amended. VOTE: Ayes 3,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF AUGUST 10,2009
Bremer moved,Franchot seconded,to approve the minutes of the Orono City Council meeting of
August 10,2009,as submitted. VOTE: Ayes 3,Nays 0.
PUBLIC HEARING—7:00 P.M.
3. GARY FRAZIER,4555 SPRUCE WAY—LEVEL 2 HOME OCCUPATION
Gary Frazier,Applicant,was present.
Curtis stated the applicant is the owner of Express Delivery Systems, a home-based courier business
consisting of two trucks driven by the owners/occupants of the property. This item appeared before the
Council in July of 2009 to appeal staffls interpretation of the home occupation as a prohibited home
occupation. At that time the Council directed Frazier to apply for a Leve12 home occupation license.
The applicant indicated to the council and within the license application that he intends to park the two
trucks between the home and the existing pole shed out of view from neighboring properties. The intent
is to park the trucks inside the shed within the next year. They do not receive deliveries at the property
and the trucks each leave the site and return once per day.
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.
PAGE 1 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,August 24,2009
7:00 o'clock p.m.
(3. GARYFRAZIER,4555 SPRUCE WAY—LEVEL 2 HOME OCCUPATION, Continued)
2. Those carried out partially or wholly in an accessory structure,where allowed, including storage
of materials, equipment or commercial vehicles in an accessory building.
3. Those involving the use or parking of a commercial or nonpassenger vehicle,whether such use or
parking is in a building or outside.
4. Those which do not meet one or more of the specific performance standards.
5. Those which generate excessive traffic under the standards of Subsection(d)(13)of this section.
Home occupations are subject to sixteen performance standards. It appears to Staff that the applicant is
unable to meet the following two performance standards:
(6) Outdoor storage prohibited. Outdoor storage or display of materials,goods, supplies,or
equipment related to the conduct of the home occupation shall be prohibited,except that licensed
passenger vehicles used in the home occupation may be parked outside provided they are in
compliance with all other requirements of this section.
(8) Commercial or nonpassenger vehicles. Parking/storage of any commercial or nonpassenger
vehicles used in the home occupation shall be within a fully enclosed building. Noise,odors or
vibration from the operation of such vehicles shall not be discernible at the property line.
In addition,the business has the potential to conflict with the following standard:
(13) The home occupation shall not generate excessive traffic that is detrimental to the residential
character of the surrounding properties or the neighborhood. For the purposes of this provision,
more than five customers or clients per day,or more than two customers at any given time,may
be determined to be an excessive and detrimental level of traffic. The number shall apply to each
dwelling unit,regardless of the number o home occupations conducted in the dwelling unit. The
criteria used by the zoning administrator to determine impact shall include,but not be limited to:
a. The characteristics of the neighborhood, including current land use, lot sizes, lot widths,
parking availability,and screening.
b. Type of street,width,and traffic volumes.
c. The availability and location of off-street parking.
Planning Staff recommends approval of the Leve12 home occupation for Gary Frazier/Express Delivery
Systems subject to the following conditions:
l. All nonpassenger vehicles associated with the business must be stored inside a garage by no later
than one year from approval or a date deemed appropriate by the City Council.
2. The number of business trips per day shall be limited to one round trip per truck, limited to the
two existing trucks.
PAGE 2 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,August 24,2009
7:00 o'clock p.m.
(3. GARYFRAZIER,4555 SPRUCE WAY—LEVEL 2 HOME OCCUPATION, Continued)
3. Any other conditions the Council deems appropriate.
Acting Mayor Jim Murphy opened the public hearing at 7:08 p.m.
David Kearin,4780 Spruce Way, stated he resides west of the Frazier residence. Kearin indicated he does
not have a problem with Mr. Frazier operating a business but that he would prefer the trucks be housed
off site. Kearin stated he owns 171ots in this area and that he has received feedback from his realtor that
prospective buyers have commented that Mr. Frazier's lot looks trashy with the two trucks and a camper
parked outside. Kearin stated he is attempting to market these lots for higher-end homes.
Murphy noted the applicant has indicated he would like to store the vehicles indoors on the property.
Kearin stated in his view it is unlikely he would be able to fit both trucks inside.
Jane Slaughter,4545 Spruce Way,stated she resides next door to Mr. Frazier and that she does not have a
problem with the application as long as the vehicles are parked indoors. Slaughter stated she understands
the concerns of Mr.Kearin. Slaughter indicated that Mr. Frazier has been a good neighbor.
Acting Mayor Murphy closed the public hearing at 7:12 p.m.
Bremer stated in her opinion progress has been made on this application. Bremer asked Mr. Frazier
whether he would be able to meet these conditions. Bremer noted that if the conditions are not met,his
home occupation license would be revoked.
Frazier stated he would be able to meet the conditions and that his building is large enough to
accommodate both of the vehicles. Frazier stated in his view the traffic is minimal since they leave in the
morning and come home at night. Frazier noted he has been cleaning up the building and will need to
have electricity installed.
Murphy asked what time frame the applicant is looking at before the vehicles can be stored indoors.
Frazier stated the gravel floor is almost finished but that he presently lacks the funds to run power to the
shed and that he will have to run power cords in the interim. Frazier noted the trucks are parked out back
and are not visible from the road.
Acting Mayor Murphy reopened the public hearing at 7:16 p.m.
Shane and Kris Ruud,4575 Spruce Way, stated they have owned this property for a number of years and
that they would like more information about the business. At the time they purchased the property,they
were told it was commercial property but their business was shut down almost immediately. Ruud noted
they have invested money with Mr. Kearin and would like the neighborhood to look nice. Ruud indicated
it would not be helpful to have these trucks going up and down the road and that he has a concern the size
of the trucks will ruin the road. Ruud asked how long the pole barn has existed.
Frazier indicated the building was constructed approximately five years ago.
PAGE 3 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,August 24,2009
7:00 o'clock p.m.
(3. GARYFRAZIER,4555 SPRUCE WAY—LEVEL 2 HOME OCCUPATION, Continued)
Ruud reiterated these are rather large trucks and that he would prefer they be parked offsite and not have
the trucks go up and down the road. Ruud stated since he was unable to utilize his property for a
commercial business,he does not understand how Mr. Frazier can.
Mrs. Ruud expressed a concern regarding the large trucks with the number of children in the
neighborhood.
Jane Slaughter asked whether the license would need to be renewed annually.
Murphy stated the Council will be discussing that.
Bremer noted there only two trucks and they make one trip out in the morning and one trip back in the
evening. Approval of the application is subject to the condition that the pole barn be finished off so the
trucks may be stored inside. The City Council also has the discretion to add other conditions if they are
deemed appropriate.
Murphy noted Staff's recommendation was that the Leve12 home occupation license be approved with
the condition that the vehicles be stored inside a garage within the next year and that the number of
business trips be limited to one round trip per truck and limited to the two existing trucks. Murphy stated
there is no doubt that this area will eventually become more densely populated and that once that happens,
the home occupation will probably not be looked upon very favorably. Murphy recommended that the
City review and approve or deny this application annually.
Curtis asked what the City Council would like Staff to look at specifically as the basis for a denial.
Murphy stated they have to rely primarily on the statement of the applicant and the neighbors on the
number of trips that are made daily. In the annual review, Murphy recommended the amount of
development that is occurring in the neighborhood be looked at.
Bremer stated given the two conditions recommended by Staff,she does not currently have an issue with
the application since it may be a number of years before this area is fully developed.
Franchot noted the present language in staffls recommendation does not address whether the applicant is
allowed to replace the existing trucks.
Curtis stated it was not her intent to prohibit replacement of the vehicles.
Franchot suggested the language be modified slightly to allow replacement of a similar type truck.
Murphy recommended the replacement trucks be no larger than what the applicant currently owns.
Ruud asked what the road is posted for in the spring.
Kellogg stated roads are generally posted in the spring for four tons per axle.
Frazier stated it is his understanding it is nine ton per axle.
PAGE 4 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,August 24,2009
7:00 o'clock p.m.
(3. GARYFRAZIER,4555 SPRUCE WAY—LEVEL 2 HOME OCCUPATION, Continued)
Ruud noted he had to pay for the road along with Mr. Kearin and that he does not want the road to be
wrecked.
Frazier stated he does not bring freight home and does not have deliveries to the residence.
Murphy noted the City Council did discuss that at the last meeting and that there is not a dispatch center
being run out of the residence.
Bremer recommended that the condition be added that no freight be brought home and no business
deliveries be made to the residence.
Ruud pointed out he was talking about driving a big truck on the tar road in the spring,which tends to
damage the road. Ruud stated he would like to get as much information about the trucks as possible.
Murphy asked what additional information Mr. Ruud would like to have.
Mr. Ruud indicated he would like to have the trucks stored off the site.
Murphy noted the vehicles would be empty when they leave the residence and when they come back to
the property.
Mr. Ruud noted that a number of the neighbors did not receive notice of this hearing tonight. Ruud stated
he does not feel that a commercial business should be run out of a residential property.
Mrs. Ruud stated this business has had a detrimental impact on selling the lots in this neighborhood.
Bremer moved,Franchot seconded,to approve the Leve12 Home Occupation for Gary Frazier,
4555 Spruce Way,subject to the following conditions: 1. All nonpassenger vehicles associated with
the business must be stored inside a garage or pole building no later than one year from approval;
2. The number of business trips per day shall be limited to one round trip per truck and limited to
the two existing trucks,with the applicant being able to replace the trucks with a similar size and
type truck; 3. No deliveries to the site of any goods; 4.That the trucks will not be allowed to leave
full from the site and must be empty traveling on the road,and 5. subject to renewaUapproval
annually. VOTE: Ayes 3,Nays 0.
PLANNING COMMISSION COMMENTS—KIM KANG,REPRESENTATIVE
Kang stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
PAGE 5 of 10
Gary Frazier—4555 Spruce Way— Level 2 Home Occupation License Review— Public Hearing
Gary Frazier appeared before the Council in July of 2009 at that time he was appealing the staff
interpretation of his home occupation as a prohibited home occupation. The Council directed Frazier
to apply for a Level 2 Home Occupation License. Frazier, is the owner of Express Delivery Systems,
a home based courier business consisting of two straight trucks, driven by the owners/occupants of
the property. Frazier intends to park the two trucks between the home and the existing pole shed out
of view from neighboring properties. The intent is to park the trucks inside the shed within the next
year.
Home occupations are subject to sixteen performance standards. It appears to staff that the
applicant is unable to meet two of the performance standards relating to outdoor storage and
commercial vehicles (standards 6 and 8) and the business has the potential to conflict with standard
13.
(6) Outdoor storage prohih�tA� ����-� � ,c._ als, goods, supplies or equipment
"''"`- ' � /��l����IV .� i, except that licensed passenger
���'�/� vV �vided they are in compliance with all
—>The a �tly stored outdoors.
8 �______ Tl��__.. . . _. .
( ) ! _ mmercial or nonpassenger vehicles
� ��� � . ng. Noise, odors or vibration from the
�-- ly(,'�/--. _ i ne.
--�The a� O ' �"{/D � 'y stored outdoors.
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(13) T ��G� ��.��___/'�-----f—"- � trimental to the residential character
ot � s of this provision, more than five
_ ___ I�D� -----_.._"___.
c� �C � ien time, may be determined to be
ar �� � _______-_ __----__.._—
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thE � � V�� t �---- � s criteria used by the zoning
ad �( ���_.�-----� .
Prohibite� �IiL —�-
Section 7E upations" which "by their nature
of operatic (�,_����- the limits permitted for home
occupation � -- � �ristics that adversely impact
residential _ �y�- �N���S� w'tl� �ations:" Category 4 (dispatch
centers whE �� � �-f7}v�2o'� -------- +s) appears to potentially fit the
activity assc�
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Planning St ------��`�`'--�-- � �
Planning st�� � �� -ryL S ���-- � ion for Gary Frazier/Express
Delivery Sys �----�`�� � ��,,p� � �llr
1. All nc (�� i�___.✓�v{ � stored inside a garage by a
no lat �-� r�T
2. The n 'rlu�------ �d trip per truck; limited to the
two ex ��'�V��'�- - ------- -
3. Any ot
COUNCIL AC
Council is rec .,..,��„ �ne information and make a determination as to whether the
applicants' business qualifies as a Level 2 or is prohibited. Should the Council determine that the
business qualifies as a Level 2 home occupation, additional appropriate performance standards or
conditions such as the 2 staff suggested should be considered.
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REQUEST FOR COUNCIL ACTION
Date: 18 Au ust 2009
Item No. ,�
Department Approval: Administrator Approval: Agenda Section:
Name & Title:
Melanie Curtis, Planning & Zoning Coordinator �(J
Christine Mattson, Planning Assistant
Item Description:
Gary Frazier—4555 Spruce Way— Level 2 Home Occupation License Review— Public Hearing
Zoning District: RR-1A, One Family Rural Residential
Lot Area: 10.0 Acres
List of Exhibits:
Exhibit A- Home Occupation Application �
Exhibit B - Site Layout ! ��>� ��p,,�1
Exhibit C - Property Owner List . ! �Y�"
Exhibit D - Area Map � ��
Application Summary
The Applicant, Gary Frazier, is the owner of Express Delive .,�, a home based courier
business consisting of two straight trucks, driven by the owner:.,�ccupants of the property. Frazier
appeared before the Council in July of 2009 to appeal staff interpretation of the home occupation as a
prohibited home occupation. At that time the Council directed Frazier to apply for a Level 2 Home
Occupation License.
Frazier indicated to the Council and within the license application that he intends to park the two
trucks between the home and the existing pole shed out of view from neighboring properties. The
intent is to park the trucks inside the shed within the next year. Frazier reports that they do not
receive deliveries at the property and the trucks each leave the site and return once per day.
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 a/so resides at the address.
2. Those carried out partially or wholly in an accessory structure, where allowed, including
storage of materials, equipment or commercial vehicles in an accessory building.
The currently applicant parks the business vehicles in the open. It is noted that the intent is to
move the vehicles inside the pole building within the next year.
3. Those involving the use or parking of a commercial or nonpassenger vehicle, whether such
use or parking is in a building or outside.
The applicant's business involves the use of commercial or nonpassenger vehicles.
4. Those which do not meet one or more of the specified performance standards.
The applicants'business does not meet one or more of the performance standards within
Section 78-1376(d).
1
5. Those which generate excessive traffic under the standards of subsection (d)(13) of this
se�tion.
The applicanYs business has the potential to generate excess traffic within the neighborhood,
however he has indicated that the total business trips to and from the site daily total 4 trips.
Home occupations are subject to sixteen performance standards. It appears to staff that the
applicant is unable to meet two of the perFormance standards (standards 6 and 8 as listed below) and
the business has the potential to conflict with standard 13.
(6) Outdoor storage prohibited. Outdoor storage or display of materials, goods, supplies or
equipment related to the conduct of the home occupation shall be prohibited, except that
�icensed passenger vehicles used in the home occupation may be parked outside provided
they are in compliance with all other requirements of this section.
�The applicant has two straight trucks for business use which are currently stored outdoors.
(8) Commercial or nonpassenger vehicles. Parking/storage of any commercial or nonpassenger
vehicles used in the home occupation shall be within a fully enclosed building. Noise, odors or
vibration from the operation of such vehicles shall not be discernible at the property line.
�The applicant has two straight trucks for business use which are currently stored outdoors.
(13) The home occupation shall not generate excessive traffic that is detrimental to the residential
character of the surrounding properties or the neighborhood. For the purposes of this
provision, more than five customers or clients per day, or more than two customers at any
given time, may be determined to be an excessive and detrimental level of traffic. The number
shall apply to each dwelling unit, regardless of the number of home occupations conducted in
the dwelling unit. The criteria used by the zoning administrator to determine impact shall
include, but not be limited to:
a. The characteristics of the neighborhood, including current land use, lot sizes,
lot widths, parking availability, and screening.
b. Type of street, width, and traffic volumes.
c. The availability and location of off-street parking.
Prohibited Home Occupations
Section 78-1376(e) defines seven categories of "prohibited home occupations" which "by their nature
of operation, have a pronounced tendency to increase beyond the limits permitted for home
occupations. These uses have objectionable operational characteristics that adversely impact
residential neighborhoods and shall be prohibited as home occupations:" Category 4 (dispatch
centers where persons come to a site and are dispatched to other sites) appears to potentially fit the
activity associated with the business operation at 4555 Spruce Way.
2
Planning Staff Recommendation
Planning staff recommends approval of the Level 2 Home Occupation for Gary Frazier/Express
Delivery Systems subject to the following conditions:
1. All nonpassenger vehicles associated with the business must be stored inside a garage by a
no later than one year from approval.
2. The number of business trips per day shall be limited to one round trip per truck; limited to the
two existing trucks.
3. Any other conditions the Council deems appropriate.
COUNCIL ACTION REQUESTED
Council is requested to review the information and make a determination as to whether the
applicants' business qualifies as a Level 2 or is prohibited. Should the Council determine that the
business qualifies as a Level 2 home occupation, additional appropriate performance standards or
conditions should be considered.
3
Council
RECENED EXn�b�t A
FOR CITY USE ONLY
��'��'� JUL 3 01009 Home occupation Reviewed By:
CITY OF QRONO Recommends:
� E
�.�xo.�,�°, Approva{ Denial
APPLICATION FOR
ANNUAL LEVEL 2 HOME OCCUPATION LICENSE
NAME: �a�y �rwZ� �,r PHONE: `°� °1' �'�� y�� /
..
BUSINESS PHONE: �� �-��'�J^�6 j�
ADDRESS: �ISSs � A�'(nGc� WG.y , ,/"I�q,.�, �lo.:�,. 553�9
Street City Zip
BUSINESS NAME: �k'Q�'��S �� � i V�e r�l S�)+�S' �?i)'►'LS
Application Review Process
The City Council will hold a public hearing for each Home Occupation required to be licensed. The owners of all
parcels within 350' of the property will be notified 10 days prior to the public hearing. If granted, licenses for Level
2 Home Occupations are good for one year only and expire on September 30 of each year. Renewal applications
will be sent to each licensee prior to license expiration. A License may be revoked if any violation occurs.
Required Submittals (application is not complete unless all information has been included):
� 1. Completed and signed application form (This sheet).
x 2. Completed and signed Home Occupation Questionnaire (Pages 6-7).
ac 3. List of all Employees (Page 7)
x 4. Site plan of property indicating all areas used in home occupation.
� 5. A list of all property owners of all parcels within 350' of the property and labels. (You must
obtain this list and labels from Hennepin County Department of Finance, Government
Center A-603, 300 South 6th Street, Minneapolis, telephone: 612-348-5910.)
6 Additional items as may be requested by staff.
� 7. License Fee:
Check One: Initial Fee: $100.00 � Annual Renewal Fee: $30.00
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the City, agrees to pay
additiona/ fees and or consu/tant expenses incurred in review of this application, and certifies that the
information supplied is true and correct to the best of your know/edge.
ApplicanYs Signature Date 7- �d- 4 9
Return this cover sheet and all required attachments to:
City of Orono, 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323
Phone 952-249-4600 Fax 952-249-4616
Page 1 of 7
HOME OCCUPATION QUESTIONNAIRE
(Attach a separate page if additional space is needed)
1. Describe your home occupation: �'�`�=ofn.� ���,c,k � �:v.�.rc✓ ��.�V�c.t,�
t
�"�c�.:r.\.., Tw ; w C r t�p� a:t�e� w��h. S ow.e. �� v�, Sta'}z,
Ge.�c.�:v.e.r�t,s.
2. How many non-resident employees would work on-site?
How many nonresident employees would work off-site? �
How often would off-site employees visit your home? �
3. What percentage of your home's floor area, including the basement, would you use in conducting the
home occupation? _ JVo�n,2,
4. Where on the premises would the home occupation be conducted? Is any use of an accessory building
proposed?
Pc�l z Slti-�.� te b c. u..S.c,�, �v,� �rk:,�.c� i r., e.pQrok�,w�a�.�l v 1 ya-�,�'
5. Describe any changes in the outside appearance of the building or property, other than one sign of not
more than 2 square feet per surface, no more than two such surfaces: �o� �
$,�,c-v;t��
6. What percentage of gross sales would come from the sale of�&) produced off-site? � OO �a
7. How many customer or employee vehicles would be parked on the premises at any one time? �
8. Describe the type, payload capacity and number of each type of vehicle to be used in the home
occupation and where they would be parked: � S'k��a:�Q 1�.� Y�ak T`r�,�,c�kS - S��11, ��I 2..
i 3 y o�� �--bs_ I�r.�.y�o e;oL s, �c�,� k t,ol b e��'w �e ti. � o c�,s ` �.r, .
pd(e, �1�.t.�, �c�►,s � v�. �r aw i� . V�i �,��� o r� �. Y .c,a r� ����.
w�► 1� �.e, c�,v�,�lo.,bt-c.., -�'o � p c�,r-k���_
Page 6 of 7
9. What would be the average number of customers expected to visit the premises each week? 0
The average number of employees/subcontractor visits to the premises each week? 0
What time of day and which days of the week would you expect these visits to occur? �/��
10. Describe any delivery vehicles that will make deliveries or ship products from the property. Include the
type, amount, hours and frequency of deliveries: /�/n�,,.Q ,
11. Describe the type of equipment, including ventilation systems that would be used. Describe how you
would keep the use of this equipment unnoticeable to your neighbors:
�• S��c+�,q ltirt Qo,x Tr�••.e,k� - S�r.ctl.,. �4 x I 1. , P�.r k�o(, CC�'►.��- o-� �'��1.�
b�.tw.�.�,,-. h o►� .c, a.r.aC �o�I c, �k�,d _ i�l �.:o�,.6 m rs ca�,.�., n a�
h c,ci.r fir w�,k.r u��.��. s�a�-fi L d. _ —
12. Describe the amount and type of any chemicals, gasoline, hazardous substances or similar material that
would be used. Also, describe where these materials will be stored:
�O'� �
13. Describe how you would dispose of any hazardous materials:
�0� ri q,�.0.r�O� Yr pv�:�.f�(3�.�$
_ �� 3a _ a9
ApplicanYs Si nature Date
List names/addresses of all employees of the home occupation other than the applicant:
C:r� �4,Y �t�it�'i C.�S Ob. . �i 1�2.S A.t 1`4�.�s 4A.M,L C3�,��r�.SS.
Page 7 of 7
� / � Council
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Council
Exhibit C
30-118-23 21 0004 30-118-23 23 0005 30-118-23 23 0009
Three Rivers Park District BN &Santa Fe RR Co BN &Santa Fe RR Co
3000 Xenium La N Property Tax Department Property Tax Department
Plymouth, MN 55441 PO Box 961089 PO Box 961089
Forth Worth, TX 76161 Forth Worth, TX 76161
30-118-23 24 0004 30-118-23 24 0005 30-118-23 31 0003
Allante Estates, LLC Allante Estates, LLC Gary L. Frazier
PO Box 79 PO Box 79 4555 Spruce Way
Long Lake, MN 55356 Long Lake, MN 55356 Maple Plain, MN 55359
30-118-23 31 0004 30-118-23 31 0005 30-118-23 33 0004
Richard R. & Kathleen M. Rudd Glenn A. &Jane L. Slaughter David R. &Amy B. Larsen
607 Park Lane 4545 Spruce Way 4700 Creekwood Tr
Long Lake, MN 55356 Maple Plain, MN 55359 Maple Plain, MN 55359
30-118-23 34 0001 30-118-23 42 0004
Kip Nelson BN 8�Santa Fe RR Co
4580 Watertown Rd Property Tax Department
Maple Plain, MN 55359 PO Box 961089
Forth Worth, TX 76161
Council
Exhibit D
• Hennepin County Mailing Label Map
Provided By: Taxpayer Services Department
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For more information contact: P�int Date: 7/21/2009
Hennepin County GIS Division Nlap Legend:
300 South 6th Street Map Scale: 1" = 337'
Minneapolis,MN 55487 Buffer Size: 350 feet
gis.infoC�co.hennepin.mn.us yy�te1 Major Roads
Park Minor Roads
Map Comments: P�ice1 "
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-Type Comments Here - ���
Sele<ted Parcels
;�;
�If�l�
I'���N
••���� NEN_ NEPIN*
far� �r a?1T'1Pi1 `�
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CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
I, Monica A. Fadness, of the City of Orono, Hennepin County, Minnesota,do hereby
certify that a Notice of Public Hearing concerning the matter of 4555 Spruce Way, was
mailed to the attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 14th dayofAugust,
2009.
`��'�� �'
Monica A. Fadness
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The City Council will hold a public hearing at approximately 7:15 p.m. in the
Council Chambers at 2780 Kelley Parkway on Monday, August 24, 2009 to consider a
home occupation license application for Gary Frazier, Express Delivery Systems, for a
residential property located at 4555 Spruce Way.
All persons wishing to be heard are encouraged to attend this meeting. This is not a
final agenda and is subject to change prior to the hearing. Written comments are
accepted and should be submitted to the City of Orono by August 19, 2009 if possible.
Interested persons may review the application at City offices. For an appointment,.
please call (952) 249-4620.
City of Orono
By: Planning Commission
��"�
� ,
Melanie Curtis, Planning & Zoning Coordinator
To be published in the Sun Sailor on August 13, 2009
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
City of Orono
(Official Publica[ion)
TI E
The City Council will hold a public hearing at approxi-
�. '��w��i%F��� mately 7:15 p.m.in the Council Chambers at 2780 Kelley
Parkway on Monday,August 24,2009 to consider a home
— occupation license application for Gary Frazier. Express
ne�spape�-s Delivery Systems, for a residential property located at
4555 Spruce Way.
AFFIDAVIT OF PUBLICATION All persons wishing to be heard are encouraged to attend
this meeting. This is noi a final agenda and is subject to
change prior to the hearing. Written comments are ac-
STATE OF MINNESOTA � cepted and should be submitted to the City of Orono by
August 19,2009 if possible. Interested persons may re-
� SS. view the application at City offices. For an appointment,
COUNTY OF HENNEPIN � please call(952)249-4620.
City of Orono
Richard Hendrickson, being duly sworn on By: Pianning Commission
an oath,states or affirms that he is the Chief Melanie Curtis,Planning&Zoning Coordinator
Financial Officer of the newspaper(s)known published in the Sun Sailor on August 13,2009
c1S Posted at: Orono City Offices,Crystal Bay Post Office,
P/ymouth, Wayzata, Orono Sun-Sailor Long Lake Post Office,Navarre Post Office
(Aug.13.2009)a2-home occupation 4555 spruce way
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with alt of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B)The printed public notice that is attached
was published in said newspaper(s)
once each week,for one successive
week(s);it was first published on Thurs-
day,the 13 day of Auqust
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
,2009;and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdetghijklmnopqrstuvwxyz
BY: � �
C FO
Subscribed and sworn to or affirmed
before me on this 13 day of
August , 2009.
!
�
� Notary Public
MARY ANN CARLSON
NOTARY PUBUC—MINNESOTA
MY COMMISStOPI EXPIRES 131-14
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The City Council will hold a public hearing at approximately 7:15 p.m, in the
Council Chambers at 2780 Kelley Parkway on Monday, August 24, 2009 to consider a
home occupation license application for Gary Frazier, Express Delivery Systems, for a
residential property located at 4555 Spruce Way.
All persons wishing to be heard are encouraged to attend this meeting. This is not a
fina/ agenda and is subject to change prior to the hearing. Written comments are
accepted and should be submitted to the City of Orono by August 19, 2009 if possible.
Interested persons may review the application at City offices. For an appointment,.
please call (952) 249-4620.
City of Orono
By: Planning Commission
��t-/
Melanie Curtis, Planning & Zoning Coordinator
To be published in the Sun Sailor on August 13, 2009
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 13,2009
7:00 o'clock p.m.
PUBLIC COMMENTS
None
ZONING ADMINISTRATOR'S REPORT
*4. #09-3410 JACK W. SAFAR,980 FERNDALE ROAD WEST—VARIANCE—
RESOLUTION NO.5850
Murphy moved,Bremer seconded,to adopt RESOLUTION NO. 5850,a Resolution Granting
Variances to Municipal Zoning Code Sections 78-1279,78-1288,78-1608(3)(c),for the Property
Located at 980 Ferndale Road West. VOTE: Ayes 5,Nays 0.
*5. #09-3412 CORTNEY SCOTT LeNEAVE ON BEHALF OF CORTNEY WAYNE
LeNEAVE,360 WAKEFIELD ROAD—SUBDIVISION—SKETCH PLAN
Murphy moved,Bremer seconded,to table Application#09-3412,Cortney Scott LeNeave on behalf
of Cortney Wayne LeNeave,360 Wakefield Road,to the July 27,2009,City Council meeting at the
request of the Applicant. VOTE: Ayes 5,Nays 0.
6. APPEAL OF ZONING VIOLATION-4450 SPRUCE WAY
Curtis stated Staff did a drive-by inspection of the property located at 4450 Spruce Way following a
complaint to the City. The property inspection confirmed that two Express Delivery trucks were parked
at the residence and the word"Express"was 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 the property does not
fully meet the definition of a dispatch center as listed within 78-1376, Staff feels this business falls under
the category of prohibited home occupations since the traffic level it potentially generates is similar to a
dispatch center. Mr. Frazier is appealing staff's interpretation of the home occupation.
Curtis stated in cases where it is unclear whether a home occupation should be classed as a Level 1 or
Level 2,the zoning administrator shall make the determination,which is then subject to City Council
confirmation if requested by the operator of the home occupation. In this instance, it is unclear whether
the homeowner is operating a Level 2 business, but it is Staff's opinion the homeowner is operating a
home business that does not qualify as either a Level 1 or a Leve12.
Council is asked to review the information provided and make a determination whether the business
qualifies as a Level I or II or should be prohibited.
Curtis stated she does have photographs available for review.
PAGE 3
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 13,2009
7:00 o'clock p.m.
(Appeal of Zoning Violation,Continued)
Murphy asked if the City has any further details regarding the amount of Express vehicle traffic. Murphy
indicated he did visit the property today and stated there may be a confusion between stored vehicles and
vehicle traffic.
Curtis stated it is her understanding there are a number of trips made to and from the property with the
trucks.
Gary Frazier stated as it relates to the traffic,he and his girlfriend leave the property in the morning and
arrive back home in the evening. The business has been downsized considerably in the past few years.
The business has been operated for the past 14 years and that there have not been any complaints in the
past. Frazier stated they do not operate a dispatch center and have no employees coming to the property.
The traffic flow consists of two trucks leaving in the morning and coming back in the evening. The
picture of the sign in the front has been removed. The parking lot is not visible any longer unless you are
actually on the property. Frazier reiterated he has never had a problem in the past 14 years with the
neighbors.
Bremer asked if the trucks are in Mr. Frazier's name and have always been.
Frazier indicated they are and always have been.
White noted access to this property changed with the Highway 12 improvements and that Mr. Frazier
used to have direct access to Highway 12 across the railroad tracks,which is no longer the case.
Frazier stated he did attend the meetings in 2002 or 2003 regarding home occupations and was told at that
time that the two trucks would not be an issue.
McMillan asked if there is any dispatching going on from the house.
Frazier stated there is not and that he operates from his cell phone in the truck.
Curtis stated Staff can follow up with the complaint to find out what the exact issue is.
Frazier stated the time the trucks leave can vary depending on when the first call comes in.
Murphy asked Mr. Frazier to explain how his business works.
Frazier stated it is an on call type of business and that they do not leave the residence with the trucks until
they receive a call.
Murphy asked if the trucks return back to the residence after they complete a call.
Frazier indicated the trucks stay out on the road until they are done with their calls.
Murphy stated he remembers when Mn/DOT elected to close the access to Spruce Way and Town Line
Road. Murphy stated the property between this property and Town Line was converted to a subdivision a
PAGE 4
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 13,2009
7:00 o'clock p.m.
(Appeal of Zoning Violation,Continued)
couple of years ago and that presently there is a for sale sign for one of the properties in the subdivision.
Murphy noted this subdivision has very few houses.
Murphy asked if Mr. Frazier uses the road that goes to the cul-de-sac.
Frazier indicated he does.
Murphy stated Staff should investigate this situation further,but that he is having a hard time
understanding how these two trucks could be causing any problems in this neighborhood given the
limited number of residents.
Bremer stated in the past the City has required property owners to house their vehicles indoors and that
the City's ordinance states if a commercial vehicle is owned, it must be parked indoors.
Frazier indicated he does have a pole building that he could park the vehicles in but that he is currently in
the process of hauling gravel in for a floor. Frazier stated he is doing it in increments due to the costs
involved.
Murphy reiterated that he finds it hard to understand how this could be causing an issue except for
possibly one house.
White pointed out that as the subdivision becomes more populated,it may become more of an issue.
Bremer stated the first issue is to determine whether the home is being used as a dispatch center where
employees are being dispatched to various sites.
Frazier stated he no longer has a dispatch center and that the vehicles are personally owned. Frazier
indicates he and his girlfriend reside in the residence and that they leave in the morning once they receive
a phone call.
Murphy asked what types of items they typically deliver.
Frazier stated they deliver mail,manufacturing parts,and printed materials. They do not deliver any
hazardous materials and all deliveries are made the same day.
Mattick indicated Staff did review this item rather thoroughly at their staff ineeting and that this was
initially considered a Level II home occupation. Staff did note two areas to be targeted for cleanup,
which primarily related to storage of the vehicles indoors. As it relates to dispatch centers,one sentence
in the ordinance deals with that subject,and the code does not specifically define what constitutes a
dispatch center. Under the ordinance,the definition of a dispatch center is not contingent upon the
number of calls received,having outside employees, or the number of commercial vehicles. Mattick
stated if a strict interpretation of the ordinance is applied, it may appear to be a dispatch center since the
two people that reside in the house are being called and sent to a different location.
PAGE 5
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 13,2009
7:00 o'clock p.m.
(Appeal of Zoning Violation,Continued)
Mattick stated Staff also looked at the alternative to a Level II home occupation and it was Staff's
determination that if the vehicles are stored indoors,that would be a workable solution. Mattick stated
the City Council should determine whether they feel this is a true dispatch center.
White noted the two people reside in the home and that to his recollection the intent of the ordinance at
the time it was originally discussed was to prohibit outside employees from coming to the residence and
being dispatched to another site.
Gaffron stated the specific home occupations that were the impetus for the drafting of the ordinance
involved landscaping businesses,hair dressers,and a flower growing business.
McMillan noted one of the concerns raised at the time the ordinance was being initially discussed was the
number of cars that would be parked on the streets by people actually coming to the residence and the
noise that could potentially be created by the running of the trucks.
Murphy stated he does not know whether it is possible for the City to monitor the number of trips that are
made by the two trucks,but that given the low density of the neighborhood,he has a difficult time
envisioning this causing a problem. Murphy suggested the Council consider tabling the matter to see
whether some other solution could be arrived at or determine whether the language in the ordinance
should be revised.
Bremer noted this is an annual permit and that if the complaints continue,the City could look at other
options.
Murphy stated in his opinion the situation will also be improved once the vehicles are parked indoors.
McMillan commented in her opinion this is not a business that is prohibited but should probably be
classified as a Level II business.
Mattick stated due to the limited number of people involved in the business operation and the fact that
they both reside in the residence,this does not appear to be a big issue. Mattick suggested the Council
consider narrowing down the parameters of the business and limiting the number of trucks or trips to and
from the residence. If the population in the area increases,the City could look at the matter again.
Murphy asked whether there are any deliveries made to the home as part of the business.
Frazier indicated there are not.
Curtis stated if the City Council feels this is a Leve12 business,the property owners should apply for a
permit,which would require a public hearing,and that the Council could set the parameters for the
business at that time.
Murphy moved,McMillan seconded,to request Mr. Frazier apply for a Level 2 home occupancy
permit,with the understanding the two commercial vehicles will be parked indoors,and that the
City Council will consider further parameters being placed on the business following the public
hearing,and with the$100 fee being waived.
PAGE 6
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 13,2009
7:00 o'clock p.m.
(Appeal of Zoning Violation,Continued)
Bremer stated she is not in favor of waiving the fee but would still vote in favor of the motion.
VOTE: Ayes 5,Nays 0.
MAYOR/COUNCI REPORT
Franchot reported he has heard a number of good comments about the work being done on Casco Point.
McMillan stated Sarah Wyatt from Three Rivers contacted her last week regarding the trail and that the
possibility of doing different striping for the crosswalk is not likely given the number of government
agencies that would need to be involved. The Three River police are regularly patrolling the area and
cautioning the bikers to stop before crossing the road. Wyatt indicated that Three Rivers is encountering
similar problems on other trails. McMillan noted the trail is well used.
Bremer stated the trail signage located on Shadywood is incorrect and contains typographical errors.
White suggested Bremer contact Sarah Wyatt.
Murphy noted he attended a meeting with Mn/DOT on Friday and that the schedule for overlay is to let
the job in early September,commence the work on September 28''',and finish the work in October. The
work will begin at Highway 6 on the west end and go through Orono and Long Lake to the azea where the
overlay has already been completed, and then continue east of that area.
Murphy stated the work will meet ADA requirements,which will result in all crosswalks being replaced.
Murphy commented there will be some difficulties encountered by motorists and business owners since
the work will be undertaken during the day and the fact that traffic will not be detoured.Mn/DOT is also
working on replacing the temporary orange signs and that the Orono/I,ong Lake retail community has
agreed on the signs they would like erected. Murphy indicated the sign work will be completed by next
spring.
Kellogg stated he and Gaffron reviewed the plans this morning.
Gaffron indicated they did find six or eight minor items that need to be corrected and that he will be
following up with Mn/DOT in the morning.
Murphy reported there will be a full turning access connecting Industrial Boulevard around the Sherwin
Williams paint store.
McMillan asked if Police Chief Farniok is okay with that.
Murphy indicated in his opinion he is. Murphy noted he also requested the engineer review whether the
nose of the median piece is necessary and whether it could be shortened so it does not extend towards the
bridge any further, which would allow the motorists to make a left turn out of the Montessori School.
Kuruvilla indicated he would like to meet with someone from Mn/DOT and that he would prefer the nose
actually be eliminated totally.
PAGE 7
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
storage of materials, equipment or commercial vehicles in an accessory building.
The applicant parks the business vehic/es in the open.
3. Those involving the use or parking of a commercial or nonpassenger vehicle, whether such
use or parking is in a building or outside.
The applicant's business involves the use of commercia/or nonpassenger vehicles.
4. Those which do not meet one or more of the specified performance standards.
The applicants'business does not meet one or more of the performance standards within
Section 78-1376(d).
5. Those which generate excessive traffic under the standards of subsection (d)(13) of this
section.
The applicant's business generates excess traffic within the neighborhood.
Home occupations are subject to sixteen performance standards. It appears to staff that the
applicant is unable to meet two of the performance standards (standards 6 and 8 as listed below).
(6) Outdoor storage prohibited. Outdoor storage or display of materials, goods, supplies or
equipment related to the conduct of the home occupation shall be prohibited, except that
licensed passenger vehicles used in the home occupation may be parked outside provided
they are in compliance with all other requirements of this section.
At the time of staff inspection there were two straight trucks stored outdoors.
(8) Commercial or nonpassenger vehicles. Parking/storage of any commercial or nonpassenger
vehicles used in the home occupation shall be within a fully enclosed building. Noise, odors or
vibration from the operation of such vehicles shall not be discernible at the property line.
At the time of staff inspection there were two straight trucks parked outdoors.
Prohibited Home Occupations
Section 78-1376(e) defines seven categories of "prohibited home occupations" which "by their nature
of operation, have a pronounced tendency to increase beyond the limits permitted for home
occupations. These uses have objectionable operational characteristics that adversely impact
residential neighborhoods and shall be prohibited as home occupations:" Category 4 (dispatch
centers where persons come to a site and are dispatched to other sites) appears to potentially fit the
activity associated with the business operation at 4555 Spruce Way.
Planning Staff Recommendation
Planning staff believes that the level and type of activity of this courier business as it is currently being
operated falls into the category of a prohibited use and should be discontinued within this residential
neighborhood.
COUNCIL ACTION REQUESTED
Council is requested to review the information and make a determination as to whether the
applicanYs business qualifies as a Level 2 or is prohibited. Should the Council determine that the
business qualifies as a Level 2 home occupation, additional appropriate performance standards or
conditions should be considered.
2
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/% O O'��'
�' � CITY of ORONO
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I�'I a ,� l y�a`'_,� ,'a, �
, '� �^ �'��� ti �� Municipal Offices
\��'�'�' ' `'�� �`;' �,;-� G~';;
�, � �,, Street Address: Mailing Address:
`9�CEgHO�: 2750 Kelley Parkway P.O. Boz 66
-- = Orono, MN 55356 Crystal Bay, MN 55323-0066
June 8, 2009
SENT VIA CERTIFIED MAIL
7002 0510 0001 6306 1503
Gary L. Frazier
4555 Spruce Way
Maple Plain, MN 55359
RE: 4555 Spruce Way
Home Occupation / Illegai Use
The City received a complaint regarding delivery service business activity being conducted at the above
address. During a drive-by inspection by City staff on June 5, 2009 this complaint was confirmed and a
delivery truck was observed parked on the property bearing a business logo of"Express Delivery Systems".
Home occupations within the City of Orono are regu�ated under City Code Section 78-1376; this section is
attached herein for your reference. It appears that your commercial use of the above property qualifies
under section 78-1376(e)(7) as a Prohibited Home Occupation. Operating a dispatch center is strictly
prohibited within a residential district. Therefore, this letter will serve as your official notice that you must
discontinue operating a dispatch center from your residential property. The office of such a business is
permitted however any storage of materials, vehicles or equipment (either outdoor storage or within a
garage) associated with the delivery business is strictly prohibited.
Please discontinue this activity upon receipt of this notice; your property will be reinspected periodically to
assure compliance. Please call me at 952.249.4620 should you have any questions.
Sincerely,
CITY OF ORONO
��
Christine Mattson
Planning Assistant
Attachment: City Code 78-1376
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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§ CITY of ORONO
�� �����`r;��� �.'� ,�,,
�.�, " � l4 MunicipalOffices
,� � �:�. x �ti
.� i>'� 7��; .� Street Add�ess: Mailing Address:
`�C'EgH� � 2750 Kelley Pa�kway P.O. Box 66
� Orono, MN 55356 Crystal Bay, MN 55323-0066
23 June 2009
Gary L Frazier
4555 Spruce Way
Maple Plain, MN 55359
RE: 4555 Spruce Way/30-118-23-31-0003
June 9, 2009 phone call follow-up
I am writing to follow up a phone conversation you had with Christine Mattson regarding her letter to you
dated 6/8/09 regarding an illegal home occupation at the above address. As her letter indicated, Staff
position is that your activity is in violation of City Code 78-1376(e)(7) and is prohibited. That letter also
asked you to discontinue this activity at once.
In response to your phone call, I discussed this matter with the City's attorney and I can offer you the
following options. The first option is, as Ms. Mattson's letter indicated, discontinue the illegal home
occupation activity immediately. The second option is to appeal Staff interpretation of the City Code to the
City Council. There is a$100 fee for an appeal of Staff interpretation and it would require an appearance
before the City Council to discuss this matter at one of their official bi-monthly meetings. The City Council
would be provided information beforehand from Staff as well as any information you may choose to
provide. They will open a discussion amongst themselves and may ask for Staff or your input. Finally,you
may apply for a Level 2 Home Occupation as part of an appea/and demonstrate that you are able to meet
the criterion for a Level 2 Home Occupation as listed in City Code section 78-1376(enclosed). The Level 2
Home Occupation license requires City Council approval.
As the property remains in violation, please call me at 952.249.4627 or email me at
mcurtis(cc�ci.orono.mn.us at your earliest convenience to discuss these options or should you have any
questions.
Sincerely,
City of Orono
C�G�'� �
Melanie Curtis
Planning &Zoning Coordinator
c: Christine Mattson, Planning Assistant
Soren M. Mattick, Esq., City Attorney
encl
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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July s, zoo�
��lelanie Curtis, Planning& Zoning Coordinator
P.O. Box 66
Crystal Bay, '�I\ ��323-0066
APPEAL STAFF INTERPRETATION
First I would like to state that I purchased this propert� 1�4 vears ago because it was a private
10 acre secluded lot in the countr�=with access directly onto Hwy. 12. I have been parking
my 2 single a_�el straight bo� trucks at home for the entire 14 years without any problems.
Four years ago my driveway onto Hw-��. 12 was closed off and removed. A new access
(Spruce Way) was made off of Town Line Rd. I did not have anv problems �vith this new
access as this City Council assured me, in a prior meeting, that I�vould not have any issues
with driving my trucks on the new access since they are well under the weight limit, even for
spring time�veight restrictions.
I don't believe this should be considered a Home Occupation. There is no dispatch center.
There are no emplo�rees. We don't warehouse or bring home any materials or freight.
There is no customer trattic or deli�eries made to this home.
There is just myself and my domestic partner running the business. �e have a few regular
customers. We leave for�vork in the morning and come home in the evening just like
anybod�= else. There is no excessive traffic tlow
If this council still considers this a Home Occupation then I would request the Council to
consider a Level 1Honre Occapation first.
I would also request this Council to consider refunding the $100 fee for this appeal. �'ith
the economic slowdown hitting the delivery industry quite hard, this fee does create a bit of
a hardship for my family.
Thank vou tor vour time and consideration.
Sincerely,
Gary Frazier
E�press Delivery Systems
RECEIVED
JUL 0 S 2009
CITY OF ORONO
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EXHIBIT D
Home occupation means any gainful occupation carried out by the occupant of a residential dwelling unit
that occurs within the principal or accessory building on the property and does not change the primary residential
use of the property. Level 1 and level2 home occupations shall be as defined in [section] 78-1376.
Sec.78-1376.Home occupations.
(a) Purpose. Home occupation regulations are established to ensure that home occupations will not
adversely affect the character and livability of the surrounding residential neighborhood. The home occupation
shall function as an accessory and subordinate use to the principal use of the dwelling unit. In order to protect the
public health, safety and welfare within residential neighborhood,home occupations shall be divided into two
regulatory levels:
(1) Level 1 home occupations: Home occupations that comply with all standards of subsection(d)of
this section and which have no potential neighborhood impacts.Level 1 home occupations may
be operated without a license or permit.
(2) Leve12 home occupations:Home occupations that comply with all standards of subsection(d)of
this section but which could have potential neighborhood impacts; and home occupations that do
not comply with all standards of subsection(d)of this section and which are not prohibited home
occupations under subsection(e)of this section. Leve12 home occupations are required to be
licensed under the provisions of section 26-76.Leve12 home occupations may include but are not
strictly limited to:
a. Those with employed persons other than occupants of the dwelling.
b. Those carried out partially or wholly in an accessory structure,where allowed, including
storage of materials,equipment or commercial vehicles in an accessory building.
c. Those involving the use or parking of a commercial or nonpassenger vehicle,whether
such use or parking is in a building or outside.
d. Those which do not meet one or more of the specified performance standards.
e. Those which generate excessive traffic under the standards of subsection(d)(13)of this
section.
In cases where it is unclear whether a home occupation should be classified as level 1 or level2,the zoning
administrator shall make such a determination subject to city council confirmation if requested by the operator of
the home occupation.
(b) Conformance required. All existing home occupations shall be brought into conformity with this
section within one year of the adoption of the ordinance from which this section is derived.
(c) License required for level2 home occupations. An annual license shall be obtained by any person
operating a level2 home occupation as defined in this chapter, under the provisions of section 26-76 of this Code.
(d) Home occupation regulations. The regulations recognize that many types of home occupations
can be conducted with minimal or no effect on the surrounding neighborhood. Home occupations shall be subject
to the following standards:
(1) The home occupation shall be clearly incidental and secondary to the residential use of the
1
premises,and shall result in no incompatibility with or disturbance to the surrounding area.
(2) Employed persons.No one other than the occupants of the dwelling and one employee or
associate shall be on the property at any given time in relation to the home occupation.No
employee or associate or combination of either shall work on the premises for more than 40 hours
in one week. The home occupation may employ additional nonresident employees only if their
work activities are performed off the premises. Personal vehicles of employees working off the
premises shall be parked within a building or shall be fully screened from the street and from
adjoining properties. Domestic employees shall not be considered employees of the home
occupation.
(3) Exterior alterations or modifications that change the residential character or appearance of the
dwelling unit or accessory structure to that of a commercial nature shall be prohibited.
(4) Interior alterations or modifications that eliminate the kitchen, habitable areas for sleeping,and
bathrooms shall be prohibited.
(5) The home occupation shall be conducted within the enclosed area of the dwelling unit,with the
exception of lessons or insh-uction for outdoor activities, such as equestrian training and riding,
tennis and other court sports, gardening and swimming. In the RR-lA and RR-1B, one-family
rural residential districts,home occupations or storage associated with the home occupation may
be conducted within accessory structures subject to the following conditions:
a. No home occupation conducted wholly or in part in an accessory structure shall produce
noise, light and glare,odor,vibration or traffic that will in any way have a perceptible
effect upon adjacent or nearby property.
b. The home occupation shall conform with all other applicable zoning requirements.
c. The property must be conforming in area,and the accessory structure must be
conforming in location.
(6) Outdoor storage prohibited.Outdoor storage or display of materials, goods, supplies or equipment
related to the conduct of the home occupation shall be prohibited,except that licensed passenger
vehicles used in the home occupation may be parked outside provided they are in compliance
with all other requirements of this section.
(7) Parking.All vehicle parking required for conduct of the home occupation shall be off-street.The
off-street parking area required for the principal residential use shall be retained exclusively for
the principal residential use and shall not be made unusable by the home occupation. Off-street
parking areas providing more than two spaces for the home occupation shall be visually screened
from adjacent residential lots.
(8) Commercial or nonpassenger vehicles. Parking/storage of any commercial or nonpassenger
vehicles used in the home occupation shall be within a fully enclosed building.Noise,odors or
vibration from the operation of such vehicles shall not be discernible at the property line.
(9) No equipment,machinery,or materials other than of a type normally found in or compatible with
a dwelling unit shall be allowed.
(10) No retail sales and delivery of products or merchandise to the public shall occur on the premises
except when accessory to the services provided.
(11) No home occupation activity of a non-residential character shall be discernible from any private
2
or public street. There shall be no exterior signage or display, or interior signs or display which
are visible from outside the dwelling, except that a single nameplate sign of not more than two
square feet in area per surface,nor more than two surfaces, may be placed on the property. Such
sign, if displayed, shall include only the name of property owner and the site address,and shall
not identify the type of business.
(12) The hours of operation that a home occupation may be accessible to the public shall be limited to
the hours between 8:00 a.m. and 7:00 p.m.
(13) The home occupation shall not generate excessive traffic that is detrimental to the residential
character of the surrounding properties or the neighborhood. For the purposes of this provision,
more than five customers or clients per day,or more than two customers at any given time,may
be determined to be an excessive and detrimental level of traffic.The number shall apply to each
dwelling unit,regardless of the number of home occupations conducted in the dwelling unit.The
criteria used by the zoning administrator to determine impact shall include,but not be limited to:
a. The characteristics of the neighborhood, including current land use, lot sizes, lot widths,
parking availability,and screening.
b. Type of street,width, and traffic volumes.
c. The availability and location of off-street parking.
(14) Shipment and delivery of products,merchandise, or supplies shall be limited to the hours of 8:00
a.m.to 7:00 p.m. and shall regularly occur only in single rear axle straight trucks or smaller
vehicles typically used to serve residential areas.
(15) No sound or noise created by the operation of the home occupation shall be audible at the
properiy lines except between the hours of 8:00 a.m. and 7:00 p.m. Home occupations shall
otherwise comply with all noise provisions of this chapter.
(16) Any activity or event organized for the purpose of displaying or selling merchandise shall not be
held more than six times per year.This section shall not be construed as requiring a license or
permit for occasional garage sales or tag sales.
(e) Prohibited home occupations. The following uses, by their nature of operation,have a
pronounced tendency to increase beyond the limits permitted for home occupations. These uses have
objectionable operational characteristics that adversely impact residential neighborhoods and shall be prohibited
as home occupations:
(1) Service,repair, or painting of any motorized vehicle, including but not limited to motor vehicles,
trailers,boats,personal watercraft,recreational vehicles, and snowmobiles.
(2) Hair styling establishments that serve more than one person at a time.
(3) Adult uses,as defined in this Code.Adult uses are prohibited as a home occupation for the
reasons set forth in Ordinance No. 193, Second Series(section 78-1377 of this Code),adopted by
the city council on November 8, 1999,based on the effects and impacts of sexually oriented
businesses as set forth in the state attorney general's Report of the Attorney General's Working
Group on Regulation of Sexually Oriented Businesses,dated June 6, 1989,and in the Task Force
Report on Sexually Oriented Businesses, authored by the Cities of Minnetonka, St. Louis Park
and Shakopee,which considered relevant studies from six cities.
(4) Dispatch centers where persons come to a site and are dispatched to other locations.
3
(5) Medical or dental clinic.
(6) Rental businesses.
(7) Contracting, excavating,welding or machine shops.
(8) Commercial kennels and veterinary clinics.
(9) Tow truck services.
(10) Ceramic studios with kilns of volume six cubic feet or more.
(11) The sale, lease,trade or other transfer of firearms or ammunition by a firearms dealer, except
when such dealer is federally licensed to conduct such activity.
(12) Sale or use of hazardous materials in excess of consumer quantities which are packaged for
consumption by individual households for personal care or household use.
(fl Reasonable accommodation for disabled persons. Persons with physical or other legally
recognized disabilities may request reasonable accommodation by requesting a waiver of one or more of the
requirements of this section. The zoning administrator may only grant waivers on the basis of the applicant's
physical limitations to function within such requirements.
ARTICLE III.
HOME OCCUPATIONS*
Sec.26-76.License.
(a) Required. It is unlawful for any person to engage in or carry on a level2 home occupation, as that
term is defined in chapter 78,without first having obtained a license from the city. Level 1 home occupations as
defined in chapter 78 are not required to be licensed as long as all conditions set forth in chapter 78 are fully met.
(b) Regulation. Licenses will only be issued if the specific use is permitted or otherwise allowed by
chapter 78, and if all conditions set forth in chapter 78 are fully complied with.
(c) License period. All licenses for level2 home occupations shall expire on September 30 of each
year.Application for renewal of an existing level 2 home occupation license shall be made to the city clerk at
least 60 days prior to the expiration date.
(d) Public notification and hearing. The city council shall hold a public hearing for all home
occupations required to be licensed. The owners of all parcels within 350 feet of the property,or a larger area at
the discretion of the city, shall be notified ten days prior to the public hearing.
4
� . Express_Delivery_Systems - Page: 1 of 2 Page 1 of 2
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C�URIER SERVICE
MPLSlST. PAUL, MfU
SERVICES ��a�ify ,5e�vice Se�asabdy P�ced
�' ABOUT US
Express Delivery Systems is a Twin Cities based courier service, with the experience
and dedication to provide you with the highest standards of service at the most
PLACE ORUER � competitive prices in the industry. Servicing the Twin Cities and surrounding
. � suburbs 24 hours a day. Out of town deliveries are also available to any city in
Minnesot�. VVe r_an hanc�le a!! of;�our express delivP.ry nFeds. Vl/hether you're
shipping a single envelope, packages, scheduled routes or pallatized freight, rest
�rder Line assured that your company will be represented with the utmost professionalism.
7�3�79-2122
DRIVERS AND STAFF
A,II our drivers an� customer ser��ice representatives are highly trained. They are
Fax Line always friendly and quite helpful. Our unifarmed drivers present a neat, clean and
���,�7��0�� professional appearance. They are backed by customer senrice personnel who are
able ta handle any of your delivery service needs or any questions you may have.
E-M�II FLEET
Our vehicles are reliable, clean and well maintained. We have pickups and vans to
handle your package deliveries. They are capable of handling up to 1,000 pounds
of cargo. All the dock trucks have 24 foot boxes and can carry 12 standard size
�� pallets up to 13,000 pounds total weight.
SERVICES
Express Delivery Systems offers a wide variety of services for both couriers and
dock trucks. For couriers we offer direct, 2 hour, 3 hour and 4 hour seruice. For
dock truck we offer direct, 2 hour, 5 hour and overnight serrice. If yaur campany
needs another type of service, call a custamer sen�ice representative and we +r�ill be
happy to setup a specialized service to suit your business needs. We also
speciaiizE in scheduled ruute Vvurk. Ro�tes a�a designed tc ir�crease e�Fcienc;r and
dramatically reduce your delivery cost.
COMMITMENT
Our cammitment is simple - "Quality Service" and "Sensible Prices." We are
dedicated to providing your company with reliable and professional caurier service
at the mast competitive rates in town. Now is the time to raise your expectations.
PLACE ORDERS
You can place your order by phone at (763) 479-2122. You can also use the web
based order entry system. To use this system you must first contact the office to
setup your login name and password. With this system you can place your order,
check on the status of your delivery, run reports and even receive invoices.
ORDFR LIIVE (763)d79-2122 FAX LINE(763)479-4092
http://www.expressdeliverysystems.com/express_delivery_systems001.htm 6/1/2009
� . Express_Delivery_Systems - Page: 2 of 2 Page 1 of 2
EXPRESS
DELIVERY SYSTEMS, INC
COURIER SERVICES
dIRECT -- Delivered in 4� minutes or less from time of call-in, depending
on weather and road conditions.
HOME �
�
- - 2 HOUR -- Delivered in 2 hours or less from time of call-in.
3 HOUR -- delivered in 3 hours or less from time of call-in.
PLACE OROER �
4 HOUR -- Delivered in � hours ar less from time of call-in.
�RDER LINE
(763� 479-2122
DOCK TRUCK SERVICES
F�x �ir�E
(763} 479�092 DIRECT -- Delivered in 1 hour or less from time of call-in, depending on
weather and road conditions.
E-AAAIL 2 HOUR -- Delivered in 2 hours or less from time of call-in.
5 HOUR -- Delivered in �a hours or less from time of call-in.
L
OVERNIGHT -- Called in by 4:30pr-n, delivered by 4:30pm the following day.
OTHER SERVICES
ROUTES -- Daily routes can be setup for courier or dock truck to your most
commonly shipped destinations. Please call for quotes.
A raute specialist can assist you in setting up new routes to
increase your productivity and reduce deliuery cost.
OUT OF TOVUN -- Out of town deliveries are available to anp city in Minnesota for
DELIVERIES both courier and dock truck. All out of town runs are on direct
service and charged by the mile. Please call for quotes.
DEDICATED -- Yau also have the option of leasing a driver and vehicle, either
DRIVER courier or duck truck, on an hourly basis. There is a 4 hour
http://www.expressdeliverysystems.com/express_delivery_systems002.htm 6/1/2009
�o� f�Ct I - ��'��������� � �
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-- v'�-°���"",� � �C��� �'��
Gary Frazier—4555 Spruce Way—Appeal Staff Interpreta iof"n
Zoning District: RR-1A, One Family Rural Residential
Lot Area: 10.0 Acres
Application Summary
In response to a complaint regarding Express Delivery Systems' vehicle traffic, staff conducted
a drive-by property inspection. Staff witnessed two Express Delivery straight trucks parked at
the residence.
Letters were sent to the property owner with notification that the commercial use of their
residential property falls under the category of Prohibited Home Occupations as with the traffic
level it is most similar to a dispatch center.
Gary Frazier is the property owner. Mr. Frazier is appealing the staff interpretation of 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 staff shall make such a determination subject to City Council confirmation. 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 for review at a future 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 a/so resides at the address.
2. Those carried out partially or wholly in an accessory structure, where allowed, including
storage of materials, equipment or commercial vehicles in an accessory building.
The applicant parks the business vehicles in the open.
3. Those involving the use or parking of a commercial or nonpassenger vehicle, whether
such use or parking is in a building or outside.
The applicant's business involves the use of commercial or nonpassenger vehicles.
4. Those which do not meet one or more of the specified perFormance standards.
The applicants'business does not meet one or more of the performance standards
within Section 78-1376(d).
5. Those which generate excessive traffic under the standards of subsection (d)(13) of this
section.
The applicant's business generates excess traffic within the neighborhood.
Legal home occupations are subject to sixteen performance standards. It appears to staff that
the applicant is unable to meet two of the performance standards
(6) Outdoor storage prohibited. Outdoor storage or display of materials, goods, supplies or
equipment related to the conduct of the home occupation shall be prohibited, except that
licensed passenger vehicles used in the home occupation may be parked outside
provided they are in compliance with all other requirements of this section.
At the time of staff inspection there were two straight trucks stored outdoors.
(8) Commercial or nonpassenger vehicles. Parking/storage of any commercial or
nonpassenger vehicles used in the home occupation shall be within a fully enclosed
building. Noise, odors or vibration from the operation of such vehicles shall not be
discernible at the property line.
At the time of staff inspection there were two straighf trucks parked outdoors.
Planning Staff Recommendation
Planning staff believes that the level and type of activity of this courier business falls into the
category of a prohibited use and should be discontinued within this residential neighborhood.
COUNCIL ACTION REQUESTED
Council is requested to review the information and make a determination as to whether the
applicanYs business qualifies as a Level 2 or is prohibited. Should the Council determine that
the business qualifies as a Level 2 home occupation, additional appropriate performance
standards or conditions should be considered.
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��9 f;,�a�y��;O4.�G/ Street Address: Mailing Address:
\\x'�Egg /� 2750 Kelley Parkway P.O. Baz 66
= Orono, MN 55356 Crystal Bay, MN 55323-0066
16 July 2009
Gary L. Frazier
4555 Spruce Way
Maple Plain, MN 55359
RE: 4555 Spruce Way/30-118-23-31-0003
Application for a Level 2 Home Occupation License
At the July 13th Council meeting where you were appealing staff decision of your home occupation,
Council recommended that you apply for a Level 2 Home Occupation License, attached you will find
that application.
The City will apply your $100 appeal fee toward the application fee for this process. The application
should be submitted three weeks prior to a council meeting. Upcoming Council meetings are: `E
Monday, August 10
Monday, August 24
Monday, September 14
Monday, September 28
Please call me at 952.249.4627 or email me at mcurtisCc�ci.orono.mn.us if you have any questions.
Sincerely,
City of Orono
��I�L�CL�az�� .
Melanie Curtis
Planning &Zoning Coordinator
Attachment
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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4�
. Hennepin County Mailing Label Receipt I
Provided By: Taxpayer Services Department ;�
Print Date: 7/21/2009 1:04:39 PM
Company or Homeowner Name: Gary Frazier , '�, TOTAL COST: $25.00
Contact Person: GLF � "��� �
Contact Address: 4555 Spruce Way Orono, MN 38
, ---...___
Contact Phone: 281-4617
Comments: �
_ _ _
Buffer Distance: 350ft Mail Label Count: 11
PID LIST:
80 30-118-23 21 0004, 80 30-118-23 23 0005, 80 30-118-23 23 0009, 80 30-118-23 24 0004, 80 30-118-23 24 0005, 38 30-118-23 31 0003, 38 30-118-23 31 0004,
38 30-118-23 31 0005, 38 30-118-23 33 0004, 38 30-118-23 34 0001, 38 30-118-23 42 0004,
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LIC/YBB8655 . LIY/10 . LIT/TK.
NAM/FRAZIER,GARY LEN. *RECORD DISSEMINATION RESTRICTED*
SNM/4555 SPRUCE WAY. CTY/MAPLE PLAIN. STA/NR�. ZIP/55359 .
VIN/JNAPA20H1WGG65072 . VYR/98 . VMA/UD. VCO/WHT/WHT.
VWT/026000 . VMO/UD SERIES,TILT CAB
EXM/FEB. DOB/19541212 . STICKER:K2177978 .
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LIC/RV39351 . LIY/10 . LIT/TK.
NAM/FRAZIER,GARY LEN. *RECORD DISSEMINATION RESTRICTED*
SNM/4555 SPRUCE WAY. CTY/MAPLE PLAIN. STA/NII�T. ZIP/55359 .
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https://portalweb.x.state.mn.us/Portal%20100/pspTop-2.asp?MsgText=<psp100Logon><pspIdStr>LEMS... 9/2/2009
.. � �
MINUTES OF THE
ORONO CITY COLJNCIL MEETING
Monda3�,August 24,2009
7:00 o'clock p.m.
��•'
ROL �,,�'
�i
o�
The Orono i Council met on the above-mentioned date with the following membe�'present:
Acting Mayor Ja s Murphy, Council Members Cynthia Bremer, and Douglas F,r,arichot. Representing
Staff were Finance l�i��ector Ron Olson, Assistant City Administrator for Longr'�erm Strategy Mike
Gaffron, Zoning and Plaraning Coordinator Melanie Curtis, City Engineer Tom Kellogg, and Recorder
Jackie Young. '`
�'�. � � r
,.`"
Acting Mayor Jim Murphy called't�meeting to order at 7:00 p,rrti,'followed by the Pledge of Allegiance.
,�'
�,`�
CONSENT AGENDA ,�
`�
����'
Item Nos. 5 and 7 through 13 were added to th��'�on�,ent Agenda.
Bremer moved,Franchot seconded,to approve the Consent Agenda as amended. VOTE: Ayes 3,
Nays 0. •:,o
_..,�
`^,.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF AUGUST 10, 2009 ��'�ti
Bremer moued,Franchot seconded,to approve the minutes of the Orono City Coancil meefing of
August 10;2009, as submitted. VOTE: Ayes 3, Nays 0.
;- <
PUBLIC HEARING— 7:00 P.M.
3. GARY FRAZIER, 4555 SPRUCE WAY—LEVEL 2 HOME OCCUPATION
Gary Frazier,Applicant, was present.
Curtis stated the applicant is the owner of Express Delivery Systems, a home-based couner business
consisting of two trucks driven by the owners/occupants of the property. This item appeared before the � _
Council in July of 2009 to appeal staffls interpretation of the home occupation as a prohibited home
occupation. At that time the Council directed Frazier to apply for a Level 2 home occupation license.
The applicant indicated to the council and within the license application that he intends to park the two
trucks between the home and the existing pole shed out of view from neighboring properties. The intent
is to park the trucks inside the shed within the next year. They do not receive deliveries at the property
and the trucks each leave the site and return once per day.
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.
PAGE 1 of 10
MINtiTES OF THE '
ORONO CITY COUNCIL MEETLNG
Monday, August 24, 2009
7:00 o'clock p.m.
(3. GARYFRAZIER, 4���SPRUCE WAY—LEVEL 2 HOME OCCUPATION, Continued)
3. Any other conditions the Council deems appropriate.
Acting Mayor Jim Murphy opened the public hearing at 7:08 p.m.
David Kearin, 4780 Spruce Way, stated he resides west of the Frazier residence. Kearin indicated he does
not have a problem with Mr. Frazier operating a business but that he would prefer the trucks be housed
off site. Keann stated he owns 17 lots in this area and that he has received feedback from his realtor that
prospective buyers have commented that Mr. Frazier's lot looks trashy with the two trucks and a camper
parked outside. Kearin stated he is attempting to market these lots for higher-end homes.
Murphy noted the applicant has indicated he would like to store the vehicles indoors on the property.
Keann stated in his view it is unlikely he would be able to fit both trucks inside.
Jane Slaughter, 4545 Spruce Way, stated she resides next door to Mr. Frazier and that she does not have a
problem with the application as long as the vehicles are parked indoors. Slaughter stated she understands
the concerns of Mr. Kearin. Slaughter indicated that Mr. Frazier has been a good neighbor.
Acting Mayor Murphy closed the public hearing at 7:12 p.m.
Bremer stated in her opinion progress has been made on this application. Bremer asked Mr. Frazier
whether he would be able to meet these conditions. Bremer noted that if the conditions are not met,his
home occupation license would be revoked.
Frazier stated he would be able to meet the conditions and that his building is large enough to
accommodate both of the vehicles. Frazier stated in his view the traffic is minimal since they leave in the
morning and come home at night. Frazier noted he has been cleaning up the building and will need to
have electricity installed.
Murphy asked what time frame the applicant is looking at before the vehicles can be stored indoors.
Frazier stated the gravel floar is almost finished but that he presently lacks the funds to run power to the
shed and that he will have to run power cords in the interim. Frazier noted the trucks are parked out back
and are not visible from the road.
Acting Mayor Murphy reopened the public hearing at 7:16 p.m.
Shane and Kris Ruud,4�75 Spruce Way, stated they have owned this property for a number of years and
that they would like more information about the business. At the time they purchased the property, they
were told it was commercial property but their business was shut down almost immediately. Ruud noted
they have invested money with Mr. Keann and would like the neighborhood to look nice. Ruud indicated
it would not be helpful to have these trucks going up and down the road and that he has a concern the size
of the trucks will ruin the road. Ruud asked how long the pole barn has existed.
Frazier indicated the building was constructed approximately five years ago.
PAGE 3 of 10
, .
MINUTES OF THE
ORONO CITY COU�'CIL MEETIl�TG
Monday,August 24, 2009
7:00 o'clock p.m.
(3. GARYFRAZIER, 4555 SPRUCE WAY—LEVEL 2 HOME OCCUPATION, Continued)
Ruud noted he had to pay for the road along with Mr. Kearin and that he does not want the road to be
wrecked.
Frazier stated he does not bring freight home and does not have deliveries to the residence.
Murphy noted the City Council did discuss that at the last meeting and that there is not a dispatch center
being run out of the residence.
Bremer recommended that the condition be added that no freight be brought home and no business
deliveries be made to the residence.
Ruud pointed out he was talking about driving a big truck on the tar road in the spring,which tends to
damage the road. Ruud stated he would like to get as much information about the trucks as possible.
Murphy asked what additional information Mr. Ruud would like to have.
Mr. Ruud indicated he would like to have the trucks stored off the site.
Murphy noted the vehicles would be empty when they leave the residence and when they come back to
the property.
Mr. Ruud noted that a number of the neighbars did not receive notice of this hearing tonight. Ruud stated
he does not feel that a commercial business should be run out of a residential property.
Mrs. Ruud stated this business has had a detrimental impact on selling the lots in this neighborhood.
Bremer moved,Franchot seconded, to approve the Level 2 Home Occupation for Gary Frazier,
45�5 Spruce Way, subject to the following conditions: l. All nonpassenger vehicles associated with
the business must be stored inside a garage or pole building no later than one year from approval;
2. The number of business trips per day shall be limited to one round trip per truck and limited to
the two existing trucks,with the applicant being able to replace the trucks with a similar size and
type truck; 3. 1\'o deliveries to the site of any goods; 4. That the trucks will not be allowed to leave
full from the site and must be empty traveiing on the road, and 5. subject to renewaUapproval
annuall��. VOTE: Ayes 3, Nays 0.
1�'1VING COMMISSION COMMENTS—KIM KANG,REPRESENTATIVE
Kang state e had nothing to report but would be available for questions.
�� ��,...�'
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PUBLIC COMMEl��T�'�.,, '���
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None `�
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PAGE S of 10
y
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,August 24,2009
7:00 o'clock p.m. '
(6. 09-3427AL SERAN, 4099 HIGHWOOD ROAD, Continued)
Mrs. Seran noted the certificate of occupancy states that they must grant a 50-foot easement before it will
be issued.
Mr. Seran stated he discussed that issue with Planner Turner and that he is not in favor of granting a 50-
foot easement. Seran stated that was not discussed at the time of the original approval and that he is not
in favor of the easement.
Mrs: Seran stated because the road is not graded properly,the runoff goes onto their property.
Mr. Seran stated the road has been a problem since constructed and that the improvements the neighbors
have made over the years have helped some but that there are still drainage problems in the area. Seran
stated the swale is functional and that he does not lrnow whether drain tile would help the situation.
Curtis stated the easement would help protect against the current situation and that the easement would
allow the City to rectify the situation.
Seran stated in his opinion the swale is a better solution than drain tile. Seran indicated he will maintain
the swale and that he and the neighbors have done quite a bit to help with the water runoff.
Murphy stated the intent of tonight's meeting is to determine whether this application should move
forward to the next city council meeting provided there were not going to be any changes. Murphy stated
given the fact that there appears to be some major issues with the runoff and drainage in the area, it may
take longer than what the applicant would like.
Gaffron noted this is a neighborhood that should probably have curb and gutter installed and possibly a
storm water pond,which is not a simple solution. Gaffron stated if the City is able to get a 5-foot
easement and a 5-foot easement from the other neighbor, it is possible to rectify the solution,but without
an easement,the City would not be able to complete the necessary work.
Kellogg stated the recommendation for the easement would have come from his office as part of their
standard operating procedure. Kellogg stated the resolution should have contained the language and that
it apparently was not noticed by the applicant at the time the application was approved.
Bremer recommended this item be heard again on September 14. Bremer noted there are problem
properties where the City does not have an easement and that she would like the City Engineer to review
this application again and provide his recommendations to the applicant.
Murphy stated he does not want an issue to come up on September 13`�'which would prevent this
application from being heard on the 14�'.
Kellogg stated the final grades should be done in conformance with the approved grading plan and that
the applicant has the ability to ensure that all of the grading is in conformance with the plan. The only
additional authority that the easement would provide is if the present property owner or a future property
owner would like to change something with the drainage.
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