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HomeMy WebLinkAbout06-04-1997 Planning Commission Minutes• MINUTES OF THE PLANNING COMMISSION WORK SESSION TOPIC: HOME OCCUPATIONS HELD JUNE 4,1997 ROLL The Orono Planning Commission met on the above date with the following members present: William Stoddard, Sandra Smith, Charles Schroeder, Elizabeth Hawn and Lili McMillan. Planning Commission members Dale Lindquist and Janice Berg were absent. The following represented City staff. City Planner /Zoning Administrator Elizabeth Van Zomeren, Assistant Planning and Zoning Administrator Michael Gaffron, Director of Public Services Greg Gappa and Recorder Carole Haseman. The meeting was called to order by Van Zomeren at 7:55 a.m. Members of the public were asked to introduce themselves. Donna Suske; Irene Silber represented her husband who has a home occupation license for Heliotrope Garden Design; Walter Holzer; Ben Meinhart owner of All Star Electric. Van Zomeren stated that she has been involved with home occupation licensing for several years as a planner with the City of Minneapolis. The City of Orono is unique with small lots in the Navarre area, large rural lots that are in the MUSA line and other residential areas with 1 or 2 acre lots. Three different zoning terms need to be addressed and we must be cognizant of development pressures arising within the Orono area. Changes may be occurring with home occupations that is may have been typical when Orono was considered more rural. The focus today should be on identifying the goals of Orono regarding home occupation and community standards. Should home occupation licenses be encouraged in some or all zoning districts? It is important to have a good definition of home occupation. Right now the definition is problematic in that it does include regulatory fragments such as parking requirements. Should a list of permitted uses be established? Performance standards need to be reviewed in connection with regulating hours of operation, parking or storage. Smith noted that this is the first work session of the Planning Commission to look at this issue and would like input from everyone to give them an opportunity to gather information. Van Zomeren told some humorous stories relating to home occupations which had been shared at planning conferences such as the person who released his homing pigeons only when the neighbor was having a party; another did not provide air conditioning for exotic birds on a small lot; another was an artist who vented the heat from his kiln out onto the side yard and also had 13 employees. Regulation varies from each municipality. Van Zomeren asked that everyone go through the work sheet. Smith requested that discussion be given as to purpose before starting the work sheet. Obviously, the character of the neighborhood should be maintained so as to not appear commercial. •1 • MINUTES OF THE PLANNING COMMISSION WORK SESSION TOPIC. HOME OCCUPATIONS HELD JUNE 4,1997 Stoddard stated that he would like to encourage home businesses if they do not detract from the community. With the present growth of economy and increased technology, home business should not be prohibited. Some issues such as size might have to be grandfathered. Smith liked Wayzata's purpose statement which states to maintain the character, integrity of residential and provide a means of establishment of specific standards of procedure by which home occupation can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the neighborhood. Schroeder asked when Orono's ordinance was written and some of its history. Gaffron said it went back to 1975 or earlier. Schroeder noted that since that time Orono has 15 -20 licensed home occupations. Van Zomeren stated there are approximately 10 licensed home occupations but many people are probably working out of their homes without a license. One issue to be addressed is whether storage or an office should be allowed in an accessory structure. A recent problem occurred between a • location photographer and his neighbor regarding maintenance of a shared driveway. The neighbor objected to the heavy use of the driveway by trucks delivering to the photographer. With more things happening involving home occupation licensing, the standards need to be clarified. McMillan noted the varied home occupations and feels changes should be made to simplify staff s involvement of the process and enforcement controls. It is important for neighborhoods to have some enforcement as well. Licensing should be more accountable. Van Zomeren explained home occupation licensing is not for people coming into the home to provide services such as nanny, accountant, cook or maid. Should business partners coming into the home for meetings be considered employees? Can residents have employees? Can anything other than the principal residence be used for business purposes? Smith felt it important to identify what issues need to be controlled. Hawn felt it appropriate to preserve the ability of the City to conduct inspections and maintain the power to deal with problems. Easily definable regulations need to be developed. This would help neighbors know their rights if they feel impacted by home licensing problems. Enforcement could be made simpler. • Van Zomeren stated she is uncomfortable regulating people to work in their homes. 2 • MINUTES OF THE PLANNING COMMISSION WORK SESSION TOPIC. HOME OCCUPATIONS HELD JUNE 4, 1997 Gaffron pointed out problems associated with large lot zoning and people who base their business out of their home. Complaints have been received regarding lawn service businesses in connection with noise of equipment and irregular hours of activities on the premises. Parking is also a complaint. Neighbors put up with problems and do not always complain particularly if they are in good stead with one another. Issues need to be dealt with regardless of complaints. The noise ordinance is difficult to enforce because noise needs to be monitored on -site. Smith felt the focus should be on the outside rather than inside regarding the percentage of square footage to be dedicated to a business. She would object to the City measuring square footage. Van Zomeren moved to the work sheet. Hawn said discussion should be defined to people who live in the house rather than status of people who don't live in the house. Smith suggested looking at the travel perspective of partners and full time vs. part time employees. Van Zomeren noted structural alterations made to the interior for business purposes could cause • problems in reselling the property to future families. Smith was concerned more with structural changes to the outside and additional entrances. McMillan felt that minor licensing requirements be removed. A writer should not have to be licensed. Hawn said the person applying for a license should be a resident of the house with only 1 outside employee or partner involved in the business. Schroeder did not agree because of the diversity of the area. Small lots will have a greater impact. Smith questioned whether 2 part time employees would be considered the same as 1 full time employee. McMillan felt if there would be more than 1 employee a conditional use permit would be needed. Van Zomeren said use variances in the State of Minnesota are illegal so home occupation licenses will not be brought in as variances. A variance is applied for when alteration to the topography of the site is needed not for use purposes. An exemption from regulations is a home day care business. A home operator can legally care for 10 children and with a helper provide care for 14 children. •3 • MINUTES OF THE PLANNING COMMISSION WORK SESSION TOPIC: HOME OCCUPATIONS HELD JUNE 4, 1997 Smith said people work differently and may be on a part time or project basis. Hawn said an employee would be considered a person coming from outside the residence. Van Zomeren felt the consensus of members was that one employee or individual living outside of the house would be acceptable. Gaffron clarified that the members' recommendation would not require a license for up to one outside person coming into the home for work purposes. Stoddard discussed location of occupation and felt it could be handled under the normal zoning laws for both principal residences and accessory structures. Van Zomeren pointed out the code would deal with issues of instruction such as riding lessons given in barns or tennis lessons on courts. Stoddard felt it would be better to store supplies such as electrical or plumbing in a building rather than outside. Hawn felt that residential lots are not a place to store stuff used to conduct a business. Stoddard said some items might only be computer disks. Van Zomeren suggested that the rural characteristics of Orono can be preserved so that home occupation licensing would be allowed for rural activities compatible with agricultural homesteads. But in the future those uses might not always be desirable on 2 acre lots. Schroeder left the meeting at 8:55 a.m. Hawn was concerned that a business could be permitted in a non - commercial zone and not have to pay commercial rate taxes. Stoddard concluded that location be limited to the residence using current zoning restrictions and grandfather existing structures. Discussion began on size. Gaffron explained a situation which occurred when four people rented or leased a lake house only for the purpose of gaining the four dock slips as they did not reside in the house. The code has no provisions to prevent that. He sees non - occupancy of the property as is a potential problem. 4 MINUTES OF THE PLANNING COMMISSION WORK SESSION TOPIC. HOME OCCUPATIONS HELD JUNE 4,1997 Smith thought the definition of resident could mean full time occupant. Van Zomeren explained the reason size is regulated is basically to limit the number of customers, employees, and stock. Space limitations are difficult to regulate and can give a false sense of security. Should equipment be allowed in the home such as computers or storage of tractors for a lawn service? Smith felt little storage sheds on property are an appearance issue and controls need to be in place as to what can be left outside. Walt Holzer said Orono does not have enough commercial property. Where do people go when they are denied an accessory structure for storage? Small businesses can't afford commercial property. Van Zomeren noted that development is encroaching the suburbs. Problems exist for service workers as they can't afford to be in business within the local areas and need to locate further away to more affordable areas. Gaffron said Orono's 2 acre and 5 acre zones comprise about 80% of the City's land acreage. The • 5 acre zone is about 85 -90% built up to its zoned density. Within the 2 acre zoning there is the possibility of another 500 -600 homes yet to be built. The projection within twenty years under the current zoning, is for the City to be totally built with approximately 60% of City divided into 2 acre lots. Under the Comp. Plan was it the intent that 2 acre lots be big enough to deal with home occupations that need storage or was it to be expected only in the 5 acre or larger zones? Stoddard felt if a lot is large enough to have an accessory structure, it could be used for storage purposes. He did not feel outside storage of machinery was appropriate. Gaffron explained most lots can have a 1,000 s.f. garage. A 1/2 acre lot or smaller can have a 1,000 s.f. accessory building that meets all the zoning requirements. Do we want to allow activities in an area that could fit into a garage or are there certain activities that should not happen in a 1/2 acre zone? Is it affordable to purchase Orono property to create more commercial areas? McMillan felt the emphasis on the character of Orono should be peace and quiet. Stoddard indicated that the Mayor and City Attorney should be consulted with issues regarding Orono's Comprehensive Plan to gain more information before the next work session. Van Zomeren asked members how they felt about retail sales. �J • MINUTES OF THE PLANNING COMMISSION WORK SESSION TOPIC. HOME OCCUPATIONS HELD JUNE 4, 1997 Both Smith and Hawn responded no. Van Zomeren shared a story about her husband's 90 year old grandmother who published a cookbook. When someone went to her home to purchase one, the Mason City Zoning Department raised objections. Smith asked if words such as incidental and occasional would fit home sales such as "Avon" or "Mary Kay" distributors. Stoddard suggested it be defined as one sale per week. Hawn suggested that sales of less than $1,000 be put into that category. Van Zomeren asked for discussion regarding traffic impact. Hawn said in consideration of the neighbors the total number of cars should be regulated. Stoddard said signage should not be permitted for home occupation purposes. •Gaffron explained name plates that include the address is allowed. He referred to an attorney conducting business out of his home and the words, "Attorney at Law" could not be displayed on the name plate. Stoddard agreed that signage should appear on the house only. Van Zomeren noted that progress had been made and a future work session would be scheduled for Monday, June 23, 1997 at 7:45 a.m. The work session was adjourned at 9:37 a.m. • 6