HomeMy WebLinkAboutre request for home ocupation license fee refund - 2005 MEMORANDUM
Date: August 16, 2005
To: Ronald Moorse, City Administrator �
From: Melanie Curtis, City Planner �����(/�/
RE: Jeffrey & Tracey Cordes
830 Forest Arms Lane
Request for Home Occupation License Fee Refund
On June 10, 2005, the Cordes' applied for a home occupation license to operate a
landscaping business from their residential property at 830 Forest Arms Lane in response
to a notification from the City regarding the commercial use of their property. Staff
issued a notice to the property owners that their commercial use of the property was
potentially prohibited, but the City Council would ultimately make the determination.
Due to the fact that this application is the first of its kind to be brought before the City
Council, staff did not have a definitive answer as to whether or not a landscaping
operation would fall under the prohibited category in the minds of the Council. The
applicants were advised that staff felt their use of the property was prohibited, but
Council review was required.
Because the license application was denied on the basis that the use is not eligible for
such a license, it seems somewhat unreasonable for the Cordes' to have to pay for our
learning experience. The City collected a fee of$100. I would recommend refunding the
complete $100.00 to the applicants:
Jeff& Tracey Cordes
830 Forest Arms Ln
Mound, MN 55364
Please authorize this refund and transmit this memo to Tom Kuehn with your signature of
approval.
CITY OF ORONO
2750 Kelley Parkway
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323
(952) 249-4600 DATE OF NOTICE: August 16, 2005
TO: Jeff& Tracey Cordes COPIES:
830 Forest Arms Ln
Mound, MN 55364
TYPE OF REQUEST: Appeal of Staff Decision/Prohibited Home Occupation
DATE OF MEETING: August 8, 2005 VOTE: 4 FOR 1 AGAINST
The Orono City Council found that the commercial use of 830 Forest Arms Lane was considered a
prohibited home occupation by City Code. The City Council mandated that the use must be
discontinued and all storage associated with the prohibited home occupation must be removed from
the property by November 15, 2005.
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, City Planner, at 952.249.4627.
' �Messsge Page 1 of 3
Melanie Curtis
From: Melanie Curtis
Sent: Monday, August 15, 2005 12:28 PM
To: 'Cordes, Tracy'
Cc: Mike Gaffron
Subject: RE: Home Occupation License Application/hearing for Jeff and Tra cy Cordes at 830 Forest Arms
Lane (city code 78-1376)
Tracey & Jeff
1. Regarding the performance standards for a permitted home occupation, I think it is fair to say that your use of
the property is able to meet some of the performance standards and that 78-1376(d)(5) and (9)were ones
that under your current use of the property you were not able to meet. Ultimately, there is no way for (d)(5) to
be met due to your zoning district LR-1 B.
To address your question regarding the zoning, I have created a map (attached) showing the boundaries
between LR-1 B and RR-1 B in your immediate area as well as a small overview of the western portion of the
City. LR-1 B is a lakeshore residential district requiring one-acre minimum lot sizes. RR-1 B is a rural
residential district requiring a 2-acre minimum; similarly RR-1A is a rural residential district requiring a 5-acre
minimum.
2. Appeal Process: The appeal process you are referring to would be the steps we have already taken. At the
time of the initial notice to you it was the opinion of staff that your business use was prohibited, however in
notifying you of this staff provided you with the home occupation license application and took the application
through the process in order for the Council to determine whether or not staff made the correct interpretation.
Regarding your question about a variance: The City cannot grant a use variance for a use that is not
permitted under our code within your zoning district.
3. Storage: Storing your business equipment on your property during the off-season would be considered
Commercial Storage and is not permitted within a LR-1 B district. Any of the equipment you use in the
business (i.e. anything that is used to generate income) is considered part of that home occupation and would
not be permitted to be stored on the property. If you choose to use a power sprayer, lawn mower, trailer,
trimmer, and leaf blower etc for personal use on your residential property the equipment has to be solely for
use on your residential property or if also used for the business it should be brought to the property when it is
used and then taken off site for storage. The wood chipper and the bobcat are considered special mobile
equipment and if they are used solely for your personal use on the residential property they must be stored in
an enclosed building at all times when not in use and cannot be used for the business purposes. If used for
business use all equipment must be stored off of the property at all times.
4. The licensing fee in this instance can be refunded to you, because the home occupation application was
presented to the Council for the purpose of reaffirming staff interpretation of the Prohibited Home Occupation
provision of the Home Occupation code. I will start the process of issuing the refund this week.
I hope I've answered all of your questions, please call or email me if you need clarification or if more information is
needed.
Thank you, Melanie
Melanie Curtis
City Planner, City of Orono
2750 Kelley Parkway, Orono, MN 55356
Phone: 952-249-4627 Fax: 952-249-4616
www.ci.orono.mn.us
-----Original Message-----
8/16/2005
� .�Mess�ge Page 2 of 3
From: Cordes, Tracy [mailto:Tracy_Cordes@medco.com]
Sent: Tuesday, August 09, 2005 11:16 AM
To: Melanie Curtis
Cc: Mike Gaffron; 'Jeff Cordes'
Subject: RE: Home Occupation License Application/hearing for Jeff and Tra cy Cordes at 830 Forest
Arms Lane (city code 78-1376)
Importance: High
August 9, 2005
RE: Home Occupation License Application/hearing for Jeff and Tracy Cordes at 830 Forest Arms
Lane (city code 78-1376)
Melanie/Mike,
In follow up to last night's hearing, we would like to clarify several points with you. We walked away last
night with the understanding that we had been instructed by Mayor Peterson and the rest of the city
council members to"work with staff' to come up with an agreement as far as what equipment storage
is/will be considered reasonable going forward. Our main concern is that, according to statements made
by the both of you, there are no clear outlines in the city codes that easily decipher what equipment
should be allowed to be stored in our accessory structure (garage), what is prohibited, and when the
equipment can be stored (when business is dormant/what time of year). Due to the lack of detail in the
current code, we have laid out a few requests below. One of our main concerns is that some of our
equipment is used for both personal and business use and having to store it off site will create an unjust
hardship on us as we will then have to transport the equipment back and forth in order to use it for
personal use on a weekly basis. Secondly, we want to ensure that we are considered to be in
compliance so that we do not end up back at council chambers because a neighbor called in a complaint
because we are using a power sprayer, etc in our yard.
In order for us to completely comply with the councils decision, we need/request your help in clarifying the
following items for us...
1). Our take-away was that we meet all performance standards within sec 78-1376; except for#d-5 given
our home is located in LR-1 B zoning district which does not allow for home occupations or storage
associated with the home occupation to be conducted within accessory structures, as is allowed in zone s
RR-1A and RR-1 B, thus our home occupation was deemed prohibited. P/ease confirm that our
understanding, as stated here, is complete and accurate.
• Where does zone LR-16 begin/end in relation to zones RR-1A & 1B? What do these
zones stand for?
2). Is there any sort of appeal process that we can consider? Any variances/exception clauses that may
apply (ie: any way we can arrange to store our equipment in our accessory building in the off-season
while the business is dormant)? Due to the lack of detail in the current code, as well as the directive
from city council to work with you to come up with a storage solution, we request to be allowed to
use/store our equipment in the fol/owing manner:
• We are allowed to store our Bobcat on site during the winter months (to plow our own
driveway; which was why we originally purchased the Bobcat).
• We are allowed to store (year-round) our mower/trailer, leaf blower, power sprayer, and
wood chipper on site for personal use. This equipment to be taken
off site (if necessary) for business use.
• We agree to find alternative storage for our dump trailer and the Bobcat (business season
only).
3). Will our$100 licensing fee be returned to us?
Once again, we are eager to comply, but feel as though we need to have a complete and accurate
understanding of what is required before we can begin making alternative arrangements. We plan to
move forward depending on your response so a thorough and timely response (in writing by 8/15/05) is
8/16/2005
� , Mess�ge Page 3 of 3
greatly appreciated. Please feel free to contact us by phone at any time. (Contact info below)
We have faxed a copy of this to Dave Zetterstrom with Hennepin County Public Works as well.
Regards,
Jeff and Tracy Cordes
Daytime#952-829-4201
Evening #952-472-0490
__ _ . _ __ _ . _
This e-mail message and any attachments contain confidential
information from Medco. If you are not the intended reci�ient,you are
hereby notified that disclosure, printing, copying, distribution, or
the taking of any action in reliance on the contents of this electronic
information is strictly prohibited. If you have received this e-mail
message in error, please immediately notify the sender by reply message
and then delete the electronic message and any attachments.
8/16/2005
Planning Staf'f Recommendation
Planning staff believes that the level and type ctivity of this landscape business as it is cui•rently
being oper�tted (based on the applicants' stat len and comments received from neighboring property
owners) lalls into the category of � prohi i d use and should be discontinued at this urban density
residential neighborhood. The use has app�u�ently expanded to � point where it no longer meets the
intent of ihe home occupation ordinances.
��
COUNCIL ACTION I2I'QiJ�STED , �
Council is requested to review the information and nzake a determin�tion as to whether the applicants'
business qualifies as a Level 2 or is prohibiied. Should the Council determine that the business
c�ualifies as a Level 2 home occupation, additional appropriate performance standards or conditions
that should be considered.
_---,
J!- ; __=�--_
.
��� , �
��� ��:A.: .�-- .� �
-� ,
_ ,
,
/� � �'
� -,�
���" ��� � �� �� _
U`" �,/� ,�/ � ✓�G �"� ��1�Z,�l.�-
- �� �' � G � GU �
; c,� . , � �'� �
�
; Gity of D�•uv�, � � �� ft,� �- � �C'��l�' ��..��
�.t}. I3ox 6b ''�' � l. � y-_�'
, �'� D
i C►°�sta3 Ra y�. i�� 5�3�3 � � �. �
{��1�43-j�6�1ti
��
. os���fo�; ���:t��G.� 1 u � - ���'' ,� �
� � � �y�-�; �;� ,,-:�
� Ca.�=t�rner: 83n FOREST ARM5 Lh (�(/VV' . � /) �j,, '
I.ICEN�E - DTNER c�ll5. ' �� ,� �(Jj �� �:" �
1 l+ I Ot1.U� l t�t3.C�(1 �� ^
' t1�PiE OC�4;�"RTI�N Lt�kN;::� � �Y
SJbTCIT� i�u1.(iQ ��,p,
' `u ,� ,1^ V'' r
' �NX f,'.p�J ,,,�' � , p �I
� T�JTAt. S�iLE lQ+',04 \ I c d�,�/(/
I � Gheck Rec�iv�d � iGG.C�J � �r � ��� L U •
, rNA�E �= ;,�
U� �� �`
�i-� \a�
��L�� �� �` le\ J
� � ,�
w � � � ��
� `(� ��f ,� �
� ������ ) �� ,
u �'` r���' �J
� �\ V �
� �
,=�
%�,
3
��.. : � ` �+� ., � :, ; � � �,� , ?.R, _ .. � �,
. .. �, � ..:� � . ', { X 5 t� r;y�J�•� 1��'f� � ��t � �•�� +i.y+. y�' ���,�(T ,!t .
• � y�„ . r '� J.fk+vF+L'- ��l 11� � .y� �. � � ` :'`'�� � \� �tl. ��S �'�
�• '����''�c �Y1�� ef � .� .i F`� � , -� _ � � � ,� . , s . fi�ay,; ��'�+.i"•
. � ti 2�"���,,,✓ -"�"'rFX'i . �• t:� r .��,#,�" F s.... �� Jy . - i F' -
�� ^.� . ,���,r � � �,'k,� a fi 1_��� �h. i.Z , i �r,y � Yt�, < n:
..y . t.�,,�"`.:.y�r� _( f v'�`' at . . �y
� ♦ � � �` . �t' i\y .w �_, ��,' 'f
- �d`r�*a.ls r'b � / +,r . �lf+'11 :t *� `� 1 :ti �A•y� :.. S',�i
..�y f • � �� ��� � u r 1 � y, '. �y�! � } .`� '' �,
� � ' fi \``� i � . 'f�� `'' � �` i �t ., y"�p� - -�„''�t', ��i ` <�, �+jt�Jt� � ..
� � � s „�;�,� +I .�y y�11 ��� � �.k� ���� i � �I.� .. �_.,fi},_ ,'��4"Ys"t'�t+ *� ... � �'•Y� � .��r- r)�,y ' �,�-i �'.Y`,�
» �•.
., . . _,. . ' �/\ .. �.�. b. �: ^ �t �.�}';� t ;k , � r y-; � r• �'F�,r.� �I
- ,, � ^ �� � i � r . �l � '�;. �� � � r ,� ; � t 7 - � p�
T.
�,� , ,� � ,� J� �1� ,�y� � � �,: :, s�� �
`'i'9(1. � �t }� � / Y �� �"4�' � x ,t�"� � 1'Z w � ' .L�Y..
�� '3.m. �:}� ��j� .., �t y�! �1 �� '�a' f�y �� �'�N�� -�� � . . �..:,,, ' ,�,. `.
'+r�,�` � � ����a �E�y� f'� ;' >�� ��y � ��` i�?ck � - . /
,',� 1�``'.. , � ;a1 '+ ' 4"1 �ti#, #��:`,� /� l,y�
`�. � . � .r '.1'.' .y� 'Y�, 'bt 1� ,r,Vr „'^�"R�t^
{ a�„ �r �.e -����~\;. _ 1 _;k'� r j � :+ `T �F s ��k�s ,Y:+��g `" � } �4.y:..�/? " � ` ,!.
.:� �` K ���
' '� , � . ' ' d� � '.s. � ' � M"�Fy{��-
-�x� '��\�d')� 1 �2. . � �}���-,"-��'�` :i� �..�'1�.,� � "�, .....
. ..
- �> 5:• � -t� �
'f �\�� .,`�.J • J�✓t��' •
. ���� ` �. �y� � ., �
� Y!' y
�-�� � _� .. � ��`. .�� �Pq.�yi �j i `�!*' �i"+ J._� ..
�/- ,y C� i� � ..
K
/ t?j}�1j�'!''�� � '
��A � -. ._ __ �.' .�.+.�.e� .�� i. � 4.�'.� '� �' , -� �, �� .
�.+.k:�.�'"'R _ ��•' � . \J' .4�•4� _ �� ..11 . ' .
.:.:� �` _ • _ �•A�A(-.WA �.'� ;tY , e� 2 . •� �� ,
.� � `� - - ') ,y, �
��� � _ � `, �� ,,._
.:
„y- _ . _ E: , '' ,� � ,� �, �,;�
- R`�- � , �
••,..'M!
r,- -•.p-_r.aaa-.. �.i , . .
T,-
.d,'.f '.�. i-�" - .
' �+ _
'.__�. .��w..
'� ...,g„ f�Uej��i
6
� � � R
.`1
i'
� i
�iJ �
y +e"'"=- ' i�'. .1 1 `� �`
S ��.� Y t �Fi 'L f.1�'� �,r• �,�-� 'i � .c ` :_-f ,. ,a�!•�1/ � t°.�r�� *��� .': Yt� �..��''�_
�� 'l' ` .y'ff \f i�,� 1�,�.,- ..l �>��r . i X � `� ���++�.
i- �. : � .y� J�,` .��'' <
'`c�r'�'• "4' _ ' '-�, ,rf .. '��-"� ` L ./ ��„ `'� .� '' ��`, ` � � w�
�`��'''�..�'" � l`�.,� 3�� 'r "`' '.n i,.� _ r � ��? ���, .}.�'^+1��N" .(�y�,� �„'
y� ,;� ! '�� - `" � r .'4� �.,iLc"�Fi { ' �f`\i \ �t . �
'ht ���� y�. `� �y.��. � l,� `..�'�� �\�I, { �� {T�."-� .;'�� � ,��4w��� �"f.} `t�..��x : r -Y� .
' , r���,.. ,,,I , �r..J• � '` �.¢'','3 �..5'`t r. . � �,��4��1 ,��<� ` k���•���t ��� �.�.�.?;1/
`7 �. �� �E�./_�./�- ii i -i"i' a wi-� �� (�. T r{y" 7`f �5
� { -r"".� �'_ �c-� .��t�� � x •''�'�� A. L � � �z �,.-,�. s H � v r.n..
R.���' 1 , �� "• � �' �� t � �� ',..:... ��-s�r-i.r �� ;%`i'i y**s `t ,�� �}�� d�, _
'�� .� �` �' .- / � .S: �' ; ,�,r�: •r T �r',}.r�y ��Sf.Fi ��< ���Yi.,i
�'�.� 1 t �� � �� (� . '!` `'k'p' � . `!h� ',.. .:� _„ _ � >>• .,p�i
T�� � \ \�
', `_.` , . :'.�,A � :Py�p�s�-- 7 \ � �K/.) 7'. I-�,�2� ��� � .
��. ��h`A.::f� �� y}f^� „ -.. �.'''�r i . 71Mv�- � ,� �'��} � � ��}�g'� x �s
i � w .. y��1� � '� PJ� 1' -._ tY �. � � � �' ` ��
) �1,,<'�• �c'.� }�,�
;�'� r. �, ��� � � � : � � � � � � � � ��J•� �� � �� � `Y .
��. �;�S� ir. �< it �.;'t� -�y�, .y ,�, "i�=i.�4'� s.
i '. �7� '1� � �• y' '� � � � �f � .� �� ,� �. '�1� � � �.���.
�• ��� , ��i��., ������' ^' � ' '' � ' � ' '� �a'� �`� 1�� � ` �
l �; Y �!^ .n.1._ �� � � �� /� 7' �' fi� i ,r. -•:��g'y�
'�`' �-.'s�,. ��'���r'�' � 14 F j . \� ,t ��,�:G ��J���` . ,�i-,'� •�w�� �.�i S• ` �F -,�'.�r�:
_ `�� �� '�i'!iµ��„��r.�� }� � � � t .j� t,���,� z .,� 4 �r: ��;�i�� y.�� ���� r"',.�'
r
y �
� �� 1 .. : Ot � �:. 4! �L� ���� t. ��� A^ ' j+�4,..,��� $� �✓`
_ _____ �q '
__ _— __ 1;� " ,tR�w .y�'' ��` �tia�a@e�,r . I��, b't.r� 1 ...,' �-'"�
. , . ,+- ' . ' •. r , \�✓i}k t- e"�1 '. 1 s'�R,
--- ..... �'�`'� �'�--- '�� "1. .,+ �.,.s� �.� 4 '�� . :; .s�- ���•:� F.+�.. .,�E'��` '���i
�
�L 4Y- _ _ !'. •• .ti�����, � �,f' �� �)' .�� �' .* .'�'�;.T+��, :��
-- y--- ,1�. � �. �:�,t,�/r}. . . ,dF..y�`'' - ,� " ..Y
� - __.— . '.1 ti•�t.m � l�� � '��...
__— _'.__ 4�. �+��1��'�.ry �-� ,�w_.{¢�, 'ti'°�..�;f'} �!! r r,.�'
� '� �T , i��,} x'��V � ��� Yl'i�.r�,.
I , , .��y ` y
_ ._. _ ; . ���{ � ��S�.i♦ .r
' .i`YY
" . N#r ;+ """ _'_'^' \ .,� '� �'
�..� � t _ .:
_ - ,r , _ �;,-�
—
`4 Y
— , r � •• trwi
-" - __— �j? - `,ra�r'+S �� � +J""
... H .-.-_ t .S .1 � i����i� . • :'t .,�
� µ f
._ _ �i
Y' . ,�.� � .��� , :.. "- - -•_ ' � ��r�'��..,Y d a'�
� - .�`�,... ' �.'"' -� '. _ �+�f�a ..�:,.
.. . . �_���}1� . � a 1..., Y�i q.;i � .
, - �S`�1., ' • t_F.. ....... '! �.� '�'�' , �.
•'4"l �y
..! � '�1�'C..
`�;�;, � .. ' i;�ac�st' ' . " �
„ � �,��
''�`"" --� --��..�+�- ,
M.M:�.. C x, / T. .
'" i. �6y�'.r,fr. . � ' ��l. < r� �s�.-µ . �;L'./ - t�/�,it%�,
�� ���.¢�,�'`� . R ��. �y� `�,��`'�� �£.. '���� s ��4� } t Y� � � � ;. A�
i� � �v.'�A/�.�.�M1 '�.' �' '� � • :h�.-r, "�{' j .���� � ;� �� ) . °�'�� , -�..
��` • .. �' � . :,� �: T.�,,` "F`1 ��q}� i/T���t� � '�. �. .. .���� ,
�,, M t
�� ..' y y� p.I �., • �� ` � f��I� :. ,r ..�t1 r�s �,(j.�Ci�.��`r � . 1 .�`rf� �� y•.' a.1..
��. 'L�� `�-, �.�.. C _.. � C,` �ay Y�r- �� � r f:+'y?C i�t � Ki r ��Y.
ti R' � � � �� _ � � ' l "� ��i l�i -�� 'ai r!+ � i' 1�.. t', ' �v�{ _.�������. .�„'�
�g` e�a ,} s � S i :i'�� 1 ��. � A� �' _
�y'N,^' •T., � rt� ��.�\41�. � 1 � �-�,��rl (� t� � �Y 1 c
fi.. + '�r ti f s i i, iN �i t'��f r y t�� '�,t �� �t �ti�
��� ir'-,. .s. F•.{y��e ... . \� \ ( � .�. � �� '.7 ��11#t.� �� ��:nV .�� _ . j , -�_�..
t�. .�K �`T .a= � �^'�1 �,�:� i � � � ! \ f �,,r�q .�1 (� �,�� -� �� :'� -
`" , S r.h. �' l- +4.'(.�,._,« _ � !t �� ?j. �� �I. '� /•''��t,K.��` 1��\���/��f '
�� � �� �:�
;� w ��v �. � .x.. m � � �. �
.
• , � -,, ;� ' .K" `�' _.;I y�,� , � �,'`ti; f ;,.,,.
-
e . ,� , i � ' '
,�,.�,,, �� , e a�.� ��' �r - � ` iw�F� '..
.:. _ =
* , �� . _. ,
, _ . . ,�-�c. :,� � ' _ �r� F
:'a..�..;,t..� - s � � � - .� /, -� r
,L,�... ::4{
�;�::;,� -.�; - - <�s�``, � �:�
.
�" , ,� �� ,�, y rt�a-�a'�-};'... ,.
N�
{ t ^`}Y "4 1� �� t C- 'Y+.
�J n_ a� � �II�� .
,.....�.._ F?. _ � - _ .,��, � ��.' '`,�f�, t�— a.�
''�. t :3: ,
• a�
.,.
° ..�
.. � ��W .,y��� � ' .. . � �#. ��� , .. .. � � , � �
� �
i;- �"�,,� "` �t "+C � a-'Atw r
-r�yn��' ,�,.^�'
m- �'t�.
�' / ,' ! ` � '� *. ;�' �:> > �
� . �
. y . .. . � y ^i y f � y+ -
r�. r ���a_. .� �
�'t,�.. � �-�''�'" ` ,; ` � � x ' r�-�- � _ '`'r�'�'�
. �
� 'l ' "' l �/^`�`�a :� .w �., .;� — �� f �f r,�
�Y: � � ���. � � � a .� . �� . 'v�t- � . � s. �` .� {�t
��' � � '!�, r i�a 'r '.�y� { y� '�� t j".�t;
r�� �� � ' .r: � - � � .Y `� c�'-�, f ,_ .,{ '� ,�_. I �1',� f 1 '.\'{ .'I..
�� �} .�.� �` . l�-- .:.,� ,,�:- `: . " .lyC� r�i � '{} 1 #�.
� ' � \ � �Y'� � v � �
, �,� r . "1 , � �� x� �..-. � i` �r
' Y � ���._ ;�„ ...c �� ,o, � ^ �} r � y`� � t} ,�.� '�`is� �
� :� � �� '�� � � :., ��� , � .�� -�� J'��� �'-`�' �.�1
;�� ,. .;;� �� . � , �,� �, . � , � �.
:�. f J`� �,` ,�`�, ,� `.}�4., �r,.; � ,t k�4 `` �" F '�x` + -s�, i•�i�
*~,�1� � � .� a.�;.. ���y�'�yA `i.T;y �\ . �F 1��a .♦ ` } t "a �S ` �+ -
. �, . , ,� � .`��4 r ,�� �` � 1�61eG 1`* . ''..1 �M, ' \ :. y'�
'�.`� `^'q �:`` K�1 I��y4��','�� ~�'� �t �� S''I� j;, —���111`� n\ Y 'e( ., � ``.•^f1� �'
x, , �,. , �.l�ni - �/� ," "} ``� it � . r �\ S 'tir�a' r�ti` } �.0 i9:;� t �,$.
�na r� �tie ' �,,+ ��
;�. � ,s p� �i � R y i ,.` �`� , : � � , ,�r ���i
x'�rt t: }� l -X a �' ���} ` .. � ��--�x � , �.A�` �', � i,��(a
�� � '►`� •`p,y�, J� i 1 � `. i i I; �� er�p' �F���r��}• , �.��...�kk �
� ��" t �.�,^� �,�•�} y��,�';;�. � °..� .. ,r�.',,'; :�;� � u?x�,�, . : .,, , f ,� ;y.
�f' l� � h ��?:�����Y V �i� ' t '. � R .b���- ..�+..J, t 'rf"�`� -'�� � ;;� -.R'...�� �:.
��� � •���� •�"�� i !�i�;.a �'�: .ez
� ; *,'�� � . �iIR�"' � -'",Sr.. �• i.'�''���=�'w` , , w 4 :,
.,�r ,i� � T.: �"'�.� ' y _ +,
� • ".� :4 / r .. . J��SK.�.� ��� �# � t�. Ua'"1$'.
_:���:. �� � ` g . �"L,- ' -
:.y` � � � � w
�:'. � �
� � _ � ����,,,' =i
, r � a
�--- -
M .. , :3 :a.
-.� ,�c. � , '� ,, .. � _ ,��•��;�, --' -�,��»,. , - _��..
r . r �t��'".r'�wr. s , � ,_ � .� .. � ��� �'�''i # .. . .��a
:,�� 1-+_,l. � � ',j�. �"�. .:
� ,'� c, .^* ��' �.�,�*.n`w.�"A'�' ,'..'e"P "-x`" ,v'�'�'�E "c M1'~ �� <.,.. _ _ �,j„ .
- ��' .. . � , -...�r FitM�R< L.� . , �..�. . .. .. : �-�
����. ' . ' .. � . . , .. " : • �
. .� ' � .. . . ' .. . . .. � �+7t�:a� ...
�� . .. _ . � . . ... � .... � � ' .
REQUEST FOR COUNCIL ACTION
Date: August 2, 2005
Item No.
Department ApprovaL• � Administrator Approval: Agenda Section:
Name: Melanie Curtis �
Title: City Planner
Item Description:
Jeff& Tracy Cordes— 830 Forest Arms Lane—Home Occupation License Review—Public Hearing
Zoning District: LR-1B, One Family Lakeshore Residential
Lot Area: 1.0 Acre
List of Exhibits:
Exhibit A - Home Occupation License Application
Exhibit B - Relevant City Code Sections 78-1376 & 26-76
Exhibit C - Letter from Staff dated 06-08-OS
Exhibit D - Public Comments Received
Application Summary
In response to an inquiry regarding the home occupation license status of the landscaping and
contracting business at 830 Forest Arms Lane staff researched the file and it was determined that no
home occupation license had been issued for the property. 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 owners are operating a level 2 home
occupation or if the use is prohibited.
The applicants are the owners and residents of the property at 830 Forest Arms Lane. Upon
notification from the City the applicants have completed the Home Occupation License application,
submitted all the required documentation and $100 license fee. This review has been procedurally
treated as a Level 2 home occupation and the properties within 350' have been notified of this 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:
I. Those with employed persons other than occupants of the dwelling.
The applicants have one employee as listed on the submitted application.
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 applicants store the majoriry of the business vehicles and equipment within an accessory
structure.
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 applicants' business involves the use ofa commercial or nonpassenger vehicle.
1
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.
It is unclear whether or not the applicants' business generates excess traffic within the
neighborhood.
Home occupations are subject to sixteen performance standards. It appears to staff that the applicants'
use is unable to meet four of the performance standards (standards 5, 6, 8 and 9, as listed below).
(5) The home occupation shall be conducted within the enclosed area of the dwelling unit, with the
exception of lessons or instruction 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 conditions.
The applicants'property is located within the LR-1 B zoning district.
(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 several trailers and equipment in the rear yard being 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, odars or
vibration from the operation of such vehicles shall not be discernible at the property line.
At the time of staff inspection there were several trailers and eguipment in the rear yard being stored
outdoors.
(9) No equipment, machinery, or materials other than of a type normally found in or compatible
with a dwelling unit shall be allowed.
According to the information on the home occupation application in addition to the vehicles and
trailers, there is a bobcat and a wood chipper stored on the properry.
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:" Categories 4 (dispatch
centers where persons come to a site and are dispatched to other sites) and 7 (contracting; excavating,
welding or machine shops" would appear to potentially fit the activity associated with the current
landscaping business operation at 830 Forest Arms Lane.
2
Planning Staff Recommendation
Planning staff believes that the level and type of activity of this landscape business as it is currently
being operated (based on the applicants' statements and comments received from neighboring property
owners) falls into the category of a prohibited use and should be discontinued at this urban density
residential neighborhood. The use has apparently expanded to a point where it no longer meets the
intent of the home occupation ordinances.
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
that should be considered.
3
�� ��'xN��r�
��—�� Form HOL-2/03
�.
���� ���� FOR CITY USE O1VLY
�� ,�� 0�,�,� .
�,3 ��`� � y,�; Home Occupation Reviewed By: � � � � � �
F%�
\\��t � w�''/ Recommends: Approval Denial
�9�SS�j:;/ .
APPLICATION FOR
ANNUAL LEVEL 2 HOME OCCUPATION LICENSE
,
NAME: ���� Y J ra C'c", ��YC� �-.� PHONE: �5L �7 Z ��f�O
BUSINESS PHONE: (o (2 �U 1 0 S �2�
ADDRESS: g3G -f-i�t��S f �r��z1 S ��� ('�''Z�,� � � f1 t/ll ;,S3 L��
lty �lp
BusnvEss N�E: �l'1 e_��c F�r� ( �� -
Application Review Process
The City Council will hold a public heariiig 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 hearin�.
If granted, licenses for Level 2 Home Occupations are �ood for one year only and expire on
September 30 of eaeh year. Reizewal applications will be sent to each licensee prior to license
expiration. A License may be revoked if any violation occurs.
Require�ubmittals (application is not complete unless all infon�iation has beeu included):
�✓ 1. Completed and sig�led application fornl (This sheet).
2. Completed and signed Hoine Occupation Questionnaire (Pages 5-6).
�. List of all Employees (Page 6)
_�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 Cotinty Departinent of
Finance, A-603, Govt. Center, 612-348-5910).
6. Additional items as may be requested by staff.
�. License Fee: /
Check One: Initial Fee: $100.00 V Annual Renewal Fee: $30.00
APPLICANT'S SIGNAT�JRE
7'/i�e c�pplica�it/zereby agrees to provide all i�zforruatioir� require�l or reyuested by the City, agi�ees �
to pay additio�zal fees c��icl or consulta�tt expenses i�nca�rred i�z reviefv of this nppliccttioti, �crzd
certifies that the inforniatio�i strpplied is true�a�ad correct to tlie best of yocn•knowletlge.
Applicant's Signature �� � I�ate (o�i�j�J
�� ,�-� ���
Reterrrr tliis cover slieet a rd c�ll r•�rir•ed c�ttaclrnaents to: � �
�titc,��� Ss 35�
City of Orono, 2750 Kelley Parkwa��, P.O. Bot 66, Crystat Bav,vIN 55323
Plione 952-249-4600 Far 952-249-4616
Page 1 of 6
. . •
, - , . .� , . .
Purpose of Home Occupation Regulations
Home Occupation regulations are established to ensure that home occupations will not adversely affect
the character and livability of the surrounding residential neighborhood. A hoine occupation shall
function as an accessory and subordinate use to the principal residential use of the dwelling unit. In
order to protect the public health, safety and welfare within residential neighborhoods, home
occupations are divided into t�vo regulatory levels:
-Level 1 Home Occupations which do not require a license; and
-Level 2 Home Occupations for which an Annual License is required.
Following are definitions and standards for the various types and Levels of Home Occupations.
Please review them carefully to determine whether your home occupation is required to be
licensed. If you have questions, please contact the City Of'tices at 952-249-4600.
-----------------------------------------------------------------------------------------------------------------
DEFINITIONS:
Level 1 Home Occupations are those home occupations which comply with the provisions and
perfonnance standards set forth in Section 10.63 of the Orono Zoning Code and which have no
�otential neiahborhood impacts. Level 1 Home Occupations may Ue operated without a license or
a permit.
Level 2 Home Occupations include:
1) those home occupations that coinply with all standards of Section 10.63 but which
could have�otential neighborhood impacts; and
2) those home occupations that do not coinply with all standards of Section 10.63 but
which are not `prohibited home occupations' under Section 10.63.
Level 2 Home Occupations inay include but are not strictly li�nited to:
a) Those with employed persons other than occupants of the dwelling.
-- b) Those carried out partially or wholly in an accessory stnicture where allowed,
including storage of inaterials, equipinent or commercial vehicles in an
accessory building.
-- c) Those involving the use of parking of a conunercial or non-passenger vehicle,
whether such use or parking is in a building or outside.
d) Those which do not meet one or more of the specified perfonnance standards.
e) Those which�enerate excessive traffic per the standards of 10.63,Subd.3(M).
Prohibited Home Occupations:
l. Service, repair, or painting of any motorized vehicle, includin�but not limited to inotor
vehicles, trailers, boats, personal watercraft, recreational vehicles, and snowmobiles.
2. Hair styling establislunents that serve niore than one (1) person at a time.
3. Adult Uses
4. Dispatch centers where persons come to a site and are dispatclied to other locations.
5. Medical or dental clinics.
6. Rental businesses.
� 7. Contracting, excavating, welding, or inachine shops.
8. Tow truck services.
9. Ceramic studios with lcilns of volume six (6) cubic feet or more.
10. The sale, lease, trade or other transfer of fireanns or ammunition by a firearms
dealer, expect when such dealer is Federally licensed to conduct such activity.
11. 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.
Pr��e2of6
�
., - "�
HOME OCCUPATION QUESTIONNAIRE
(Attach a separate page if additional space is needed)
/ �
1. Describe your home occupation: _ �.�t t.c�Y1�_l�� ��Ld S�' �� ����
2. How many non-resident employees would work on-site?_�_ How many nom�esident
employees would work off-si e? � How often would off-site employees visit your
home? C� Q.
3. What percentage of your home's floor area, including th basement, would you use in
conducting the home occupation? .� � — Q�-!C f' ��. ,
4. Where on the premises would the h me occupation be conduc d? Is a�y use of an accessory
biiildinQ pro os d? � �6i2�rt . - i �
.g r1� J`.
5, Describe any changes in the outside appearance of the building or property, other than one
��gn of not mqre than�,�uare et per surface, no �re than tw� such�rfaces: ��
�,e���e� �� �Zs � �. c �� � s � � e���F � c � ���z�-L�- ��-� e���ia.[�� •
� �. �1���Di �,S r1 S C �1 �--�
6. What percentage of gross sales wou d come froin the sale of product(s) produced off-site?
�a� �/ �
7. How many custoine or employee ve icles would be parked on the pr�inises at an ne time?
j ��- �d � ;��.� ���� -f� � ; �'� , . e��en e�
� ` �� ,���' ��fi' �'v�r� �
8. Describe the type, payload capacity and number of each type of uehicle to be use in the r
home occupati n and where they would be parked : /" U oz��
`i�ss t�st �f� c�c�c-P� i�1 /Z�x-�-�c c�.:Cr� � '
o���`e cv�
9. What would be the average number of customers expected to visit the premises each weelc?
The a erage number of employees/subcontractor visits to the premises each
�veelc. ' What tiine of day and which da s of the weelc would you expect these
��s�ts to o� ��.� ,� =3� �a.�n �C�l t�-i� --�r��
10. Describe any delivery vehicles that will malce deliveries or ship products from the property.
Include the t e, amount, hours and freq�uency of deliveries:
— � �
Pa�eSofh
,
T :. j
11. Describe the type of equipment,including ventilation systems,that would be used. Describe n
how you would keep the use of this equipment unnoticeable to your neighbors: X(� I� ��� ��'���
�le r w�,n �-�c�� X er �pd ra;t d�l�� ' e,�" — t r"n
�.r�ac.�e� 5�c_an t ' � ct -�i 7��
r�� ,
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:
�-��S ��-rts lf.���t ��1 [G+��1 CGY.-��� �'Z�%r in S�t� 9Ct�r���-�
13. Describe how you wot ld dispose of airy hazardous materials: rp ef S��i ����/
�����
�
--� ���s-
A icant's Signature Date
-` ��-��
� �
List names/addresses of all einployees of the home occupation other than the applicant:
f��'a� /��VeY'Pz. l 3 9d5 ��� St �' 11�. }��vi�►ov�Z� , /�l/1� 5�'���
�
� Pa�e6of6
June 16, 2005
Melanie,
Hello. Per our telephone conversation on June 10�" regarding our application for a Level
2 Home Occupation license, I am submitting the requested paperwork/ documentation
and payment by check for your review. Upon receipt, please contact us to schedule the
courtesy inspection you mentioned. We'd like to complete both the walk through with
you, as well as the public hearing as soon as possible. Thank you for your time and
assistance.
Sincerely, , �
� ���
�
f
Jeff and Tracy Cordes
/ \\ �\
. �`��,1, T, \ a�,
,.� r �^
_,'�"i�1 : C'��_, O:� C,L.�.�J�,,, �'^�O
...,.. ..:�'c�O; ' , . - ' C`. 4: f'I/ ,
O.. ui�� c� ' A���' - . `'- �= `�� g � `�-
. �.'.^7'�`'�i"... C�r�U.'? , .'�.7 ii�,.-o . �... � iT- � `�
O�� ��
_ 93 /•
��� �e>o)
� `� \.�.
-y � � �
�� � ���
m ;
� � � � �
��
�� ;��
i
��\� ��v �`g�?d;�,, ��\' � 1
rv /r�/ / �'� �r�/no e b �����/ .
� ;z�. , �r � � � i
? j� 'r
.�. g� �Z� ����
� � ..��� �'�4���` , __
5'* J
� � J
�, \ p
�\
��V
\� C'
\ ,
�� �-38
�� � � � c. �8
� � °�
�� �7� � 9 .
�� �S� � ,
�. �
,�y�ly7 _, �
� _� . _ �!;Y'�:, ' � �� �,�
-� f � , �_ _ �E ('�
. . . .. 1: . . . . .... ... � �
C...:..; i, T'r ;�'_:i_'�ii ._�i. .. C . ..
._ , _ iL" C): I '�c i;r_ �Tt(i; ..1,.,` ,.�� �.
:.r�?� .. � ..'�.^r_` _ i� ����i-. � ., .,�.i.�,,;�' +.G:
i_C�!`�:ti.'1(1 /)f :i� .../.1:: � . y'. .. li'it�,-c4 Ifi' �n .�r:.,_ =:�'C. y ii% . �'.�n !iy-.�iY;O.��^ .
�C r� +. _c7!' Q� a �J�'pl:ip..c.:i .:�: �.�'_!'; , , i ..' ... .:Q� '�UL•i�Ot'�. tn 311n. O+l';::Z, -
y ']I.O�.:;:.:...i.5 OS' =T?r1-v-,.^�}��.�c;p'.�- .
--._. _._,. -----`-•-/-'--._._.— - ----'-----
�r31P , l ir - ��✓� �OT'^G�: �. �O`.'.f1T1 t��;,- i�.0o 60r,/:
P�:t� . 4.-29—r0 �^.nd ;=,u�r•�,e,;o�- ar.d Ll:rr.er
o . Irr�n ^,�r:ce� �n� ;:�::s-:, .:i�;T,�::sa
�� ��� ���
��€�
1�
����������
__
I - - � Hennepin County
'� �'� Taxpayer Services Department
� �
4g�9
� 8
� (1
\
\ '
06-117-23-32-0003 �t- $ �
,
�
I N{3-1�1f - - - - - - - _ N�
: � - --_- - ��
�--� ---"371.07N89°38'W ; 7�.r� ` � i 236.37 I �i
P J '�� 1'/ /�� I I��
P� � � � i
N� m \ �� (28� m�
�, I� � �
�s,
s�
_.,Fp� zs i "'�
% p � ' � '
. 20'-// �4� 0 �O�) \\ �� p� ?7156'9
f�i� N _'�L'- �. `\ ,,l� .gs
I /�
/ I
'�. i� 2 $�i Z I T �Sd',y' \�\ �� � ',
(10) (5) � �� �� /� ��� a ss 'o
o � )
��, ' `� ti�'^ �'� "�2 sa 29 � �
� 3 � '�. 5 n �,� 9� �o
.2 �'�. 3385 3 �e ,l:\ 1�q..
Z ' '`m �6� ,\ �'.�,s "
.. '�,�� // ^m ,
� ���8 / 0 � 3 c��'
-'_ " ;� \ (30) ^�
�� 3 '�� ,� �O , ;� � �
11
sz >
( ) s� 7
s
�
O �
, �
� o �
F
J '� \
� ST P ,
� , ' °Szzs ,q,� � �.\ � ,, �� �ea
� ��� �-.. � �� �� � �� g
o '9a'' (12) � l n s'> :m \ s '
� ,�3 � g0 ��>6 ��y 5 \ 1, li
a a',��� �° ''9 (8) �� s
'�.➢�> 5 �y� ��
��. . � (�3) eti ��s0> � ���' �'� "lX
.\ � p,�p b�9�9 O
� � \v� '�� I �$ C`�r�,1'��6
. _ ' \ A 6 ',�� $ ��
/i��
�g� ��, A e �� (�4) 5) —_� �I
� � ��� ��`' •���� tia°d,, � ������� �
- �O\. ti '1,. A �',
6 0
3
� '�'i.\ ds' S 1 � �
. 3 , \ 1 �3 s t� � 0 6 �
. \ 1�� �vJ � � 'O,p �SPP \ � 1'1'O� ��
4 �� J�. ,�g� A �O i
i . S2` � ___'___ 1p ryh ��8� s 2 `�i
, i� 5 ' J H , ZO 1 � ��J
"�'' 6��'� �16� c � �
y1� h,�� 2e;a � e �1 I
B ��-- 91� 'Y� ?� �22� �� i�ti' �A03
' ,3s.o S? 3 2 � 1
� � V �� �� �� �q, � ��� � �
� .
� ,
, .
, ' , ,,. ....._..� '�'�y �-�-� , s ;r s
��4) (3)� �'�� � s.;�� �2�
ary �23� 5 _` ��5
, � �
� � ,-
, 9,. , - �,o O�\� s ,8598
No
�i
� .__._._ / �o A3 0� �`_ i � q8
__
� ._.. ._ �'�� � �16� `� '
I �i __ .___..... � ` 2 1y9?3�� � 10�
� I�' ses.zeasr �� (24) �21� (20��� ,� 4 �
zss.z \ ()
I '�� 2 '°°�, � a°°� � '� ,�
1 . , i � �Q� n� ,ti�� � S 2622 -.. A 21.
'�, . �'� '�0 h1 (� � 3 105 �
� � hl�� S^� ti. (25) --- ,
V
O
I �O O
'� � g r3� a ��� A o�� �o �, L4KF;
" � o°' ���£, ,�6 �.02
�,. ��I I �.. 2 4 89.98 135.02
: y
(26) �� 3 �' _
� ioo ' z�ase $ � (27) (5) ^ ��
fi11.05 \
_. .. .... _ ."_---_ — —'_ �.
. �li
Parcel lnformation
Parcel I D 0711723120005
I House Number 830 ! '
Street Name FOREST ARMS LA
This is not a legally recorded map. lt represents a compilation of information
'� and data from City, County, and State road authorities and other sources.
i �
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
I,Denise M. Leskinen,of the City of Orono,Hennepin County,Minnesota,do hereby certify
that a Notice of Public Hearing concerning the matter of a home occupation license application for
Jeff and Tracey Cordes, Metro Pro Inc., was mailed to the attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 26`h day of July, 2005.
.� - �
% ,
, :; � .
,:;�'�'w�:` �
, , ��
Denise M. Leskinen�
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 7:00 p.m, in the Council Chambers at 2780
Kelley Parkway on Monday, August 8, 2005 to consider a home occupation license
application for Jeff and Tracey Cordes, Metro Pro Inc., for a residential property located
at 830 Forest Arms Lane.
All persons wishing to be heard shall be present. Written comments are due by August 3,
2005. For further information call City Hall at (952) 249-4600.
City of Orono
By: City Council �
/� ��1 ,
jj�`',�.-��j �_._.> �,/-^--.-
;,
Michael P. Gaffron, Planning Director
Itv�pressiOn antibourrage et a sechage rapide www.avery.com Q ����0 5160�
Utilisea te gabarit 5160� � 1-800-GO-AVERY
38 0611723320003 38 0711723120001 38 0711723120004
LAKEVIEW GOLF OF MTKA INC LAKEVIEW GOLF OF MTKA INC ROBERT W&JANIS R BONNEMA
855 RED OAK LA 855 RED OAK LANE 800 FOREST ARMS LA
MOUND MN 55364 MOUND MN 55364 MOUND MN 5�364
38 0711723120005 38 0711723120006 38 0711723120007
JEFF C CORDES/TRACY N CORDES CARLA J SORENSEN C A CLARK&B A SEGNER—CLARK
830 FOREST ARMS LA 860 FOREST ARMS LA 890 FOREST ARMS LA
MOUND MN 55364 MOUND MN 5�364 MOUND MN �5364
38 0�11723120009 38 0711723120010 38 0711723I20011
ALBERT&VALERIE GURALNIK MICHAEL&MARY MC ELLIGOTT MICHAEL A&ANN M FREUND
805 FOREST ARMS LA 815 FOREST ARMS LA 825 FOREST AR1�IS LA
MOUND MN 55364 MOLTND MI`' S5364 MOUi�1D MN 55364
38 0711723120012 38 0711�23120013 38 0711723120014
BRET C RIEMEIvrSCHNEIDER ALAN L&BARBARA R GOLZ GREGORY S&;MARIA SWENSON
JENNIFER S RIEMENSCHNEIDER 855 FOREST ARMS LA 875 FOREST ARMS LA
835 FOREST ARMS LA MOUND NiN 55364 MOUND MN 55364
MOUND MN 55364
38 0711723120015 38 0711723120016 38 0711723120029
JOHN P O'BRIEN GEORGE&KATHERINE KALWEIT RONALD&NDITH DAVISSON
895 F�REST ARMS LA 426�FOREST LAKE DR 860 N ARM DR
;
MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 i
i
,a
�
:
;
�
;
i
�
�
1
#
�
1
�
�
�
3
a
J
3
S
�
�g
7
�y
k
S
�
t
1
I`
0����� ,��,1 A263/ib'-0�9-�08-L p09���.Lt�dU�J3.l p�aen�as�
p09L5 a 1�Y%� �o�°�Ga�e�r�nn �u9iur�,a aa�.a a6oraa�c csue iaa�r
EXHIBIT B
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 properiy. Level 1 and level 2 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 sunounding 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) Level 2 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. Level 2 home occupations are required to be
licensed under the provisions of section 26-76. Level 2 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 level 2, 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 level 2 home occupations. An annual license shall be obtained by any person
operating a level 2 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 ofthe
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 instruction 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 far 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
property 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 far 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.
(1 1) The sale, lease, trade or other transfer of firearms or ammunition by a firearms dealer, except
when such dealer is federa(ly 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.
(� 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 level 2 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 level 2 home occupations shall expire on September 30 of each
year. Application for renewal of an existing level2 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
.._-_-._ �� wv "�I� V
� � �����,��.
0 0
� C ITY of ORONO
.a � �'� _ �
� ,, �
��� �� F� �t � �ti , � Municipal Offices
�����,� `����;�� ,�� Street Address: Mailing Address:
���kESH��.' " 2750 Kelley Parkway P.O. Box 66
� Orono, MN 55356 Crystal Bay, MN 55323-0066
June 8, 2005
Jeff& Tracy Cordes
830 Forest Arms Ln
Mound, MN 55364
RE: 830 Forest Arms Lane/PIN 07-117-23-12-0005
Home Occupation/Illegal Use/Contractor Business
A sign advertising Metropro, Inc, a lawn care and landscaping company has been posted on your property at 830
Forest Arms Lane. Through further research it appears that a lawn care, landscaping and contractor business is
operating at the above residential address. Home occupations within the City of Orono are regulated under City Code
Section 78-1376;this section is attached herein for your reference. ]t appears that votn�commercial use of the above
property may fall under one of the following two categories of this City Code: Level 2 Home Occupation or
Prohibited Home Occupation.
Please complete the attached Home Occupation License apUlication and submit to the Ciry no later than July 1,2005
in order to avoid legal action by the City. Upo�� receipt of your application, City Staff will evalLiate your use of the
above residential property for its qualification as a Level 2 Home Occupation. However, City Staff performed a
cursory properiy inspection on May 26`h and it was noted that equipment consistent���ith a landscaping company���as
stored on the property. Operating a contracti�Ig shop and/or outdoor storage_associated with a home occu`patiott is
strictly prohibited.
_____ _ _.
Additionally,an illegal access to County Road 1�1 is located at the rear osyour propertv. Removal ofthis access was
a requirement of��our building permit for the detached garage in September of 2004. It ap}�ears that the access was
partially removed; however additional restoration is necessary. The illegal access must be removed,the gate must be
removed or- perma��ently closed off and tlie ditch must be re-graded and re-vegetated to Hennepii� County
specifications by July 1;2005, if you have c�uestio►�s please contact myself or Dave Zetterstrom�vith Hennepin County
Public Works at 763-745-7643.
Your properiy will be reinspected to verify compliance wit11 this notice. Your attei�tion to this matter is appreciated.
Please call me at 952.249.4627 should you have any questions.
S incerely,
Cit�� of Orono '
C'L�'c'"`J
Melanie Curtis
Cit�� Plam�er
LncL Home Occupation License/Application
City Code 78-1376
� c: Dave Zetterstrom, Permits Coordinator, Hennepin County Public V�'orks
Telephone(952)249-4600 • Fax (952)249-4616
www.ci.orono.mn.us
�xN�g�f t�
August 2, 2005
�
City Council q ����V�a`
U
City of Orono G � 3 2D�S
Cryt al Bay, MN 55323 O. Box 66 �/T Y�F �Rn
N�
Dear Council Members,
This letter is in response to home occupation license application made by Jeff and Tracy Cordes, Metro
Pro Inc., for the residential property located at 830 Forest Arms Lane, Orono, MN.
Our property is directly adjacent to 830 Forest Arms Lane and we do not support this home occupation
license application for the following reasons:
• The neighborhood is zoned Residential, R-1B, with one acre minimum lots.
• The day-to-day operation of the business has a negative affect on our quality of life. Over the
past several months we have observed the regulaz use and movement of heavy equipment
including a large pick-up truck, dump and utility trailers, bobcats,pressure washers and other
various types of landscaping equipment. The noise level both early in the morning and later in the
day has increased and negatively impacts our ability to enjoy the quiet nature of our backyard and
neighborhood.
• Potential negative affect a zoning variance would have on the value of our property. Based upon
Kaj's experience as a trained real estate professional,we are very concerned that a zoning variance
would directly affect the value of our property in a negative way and also make the property less
attractive to potential buyers should we decide to relocate.
• Potential for drainage of business related components into our property. According to the
MetroPro Inc website (���ti�ti��.metroproirlc.cc�rn), the business is intended to be a full service
landscaping business. Being on the down-hill slope from the property located at 830 Forest Arms
Lane we are seriously concerned about the potential for business associated components
(fertilizers, herbicides, machine fluids, etc.) to drain into our garden and back-yard. Following the
recent construction of the lazge storage gazage at 830 Forest Arms Lane we've observed an
increase in water drainage into our back yard. We suspect it is in part due to the large amount of
topsoil removed during the construction and the clearing of trees and bushes.
In closing,we realize that it is our neighbor's goal to develop and grow a new business however,the
operation of a full-scal andscaping business directly and negatively impacts our quality of life.
Sincerely,
" _ ,� ��� 5���
,j�aj &Carla Sorensen
860 Forest Arms Lane, Orono, MN 55364
August 1, 2005
�F������
City Council AUG 0 3 ?005
2750 Ke011ey Parkway, P.O. Box 66 C/T���d/�p
Crystal Bay, MN 55323 NO
Dear Council Members:
This letter is in response to home occupation license application made hy Jeff and Tracy
Cordes, Metm Pro Inc. for residential property located at 830 Forest Arms Lane.
As adjacent property owners at 800 Forest Arms Lane, we do not support this home
occupation license application for the following reasons:
• The neighborhood is zoned RI—Residential, one-acre min. lot�
• The day-to-day operation of the business affects our quality of lif� The
following activity is both seen and heard regularly.
• The business operation regularly uses heavy equipment including a 3/4 ton
pickup truck with large trailer attachment used for hauling mowing
equipment or a dump trailer hauling a bobcat or landscaping materials
(trees, shrubs).
• This equipment as well as employee vehicles use a recently created gravel
driveway abutting our property in order to access a storage facility behind
the house from the street.
• Potential nffect a zoning variance would have on the value of our property. As
we move to a new phase in our life, we are in the process of selling our home. A
zoning variance would directly affect its value and appeal to potential buyers.
Wanting to be neighborly, we are sympathetic to our neighbors hope to build a new
business. In fact, we even hired him when his business wasn't a full-scale landsca.ping
business but merely lawn mowing with a John Deere garden tractor. However, the
operation of a full-scale landscaping business(www.metroproinc.com) directly and
negatively impacts our quality of life.
S�nser� /
/,.
�-� - � ���mz.�--� �-�,.������� �..�:.-,--�
Robert and Janis Bonnema ,'
800 Forest Arms Lane `
Orono, MN 55364
/�ic�t a e � ��F</��tJ � ���n n��r9 ��c c ro� - �r o,a ��0�10
4 �
__ __________ __ �FCFIVF�
---- _ _ _ 1Je�,� /��2� ��,FF/�D/c/ : ��G p 3
c,Ty oF o Zoos
R N
__..._..____._ __ �h/S /�TTC�C /S %iCI /'GS O/!5� Tv Tif� �G iC�i(I /l/D/iG�
� � �
__ _ _____ ___ _.. �� rc�eivcc� /'c •s�r-d�iv��f ��c `Iotitc oc�u,dQTTQ�
�, v �
/ ^
�._-- ____._____.__ /CCHse ,��o�o�`•�a.T,ow � ����- /�i��GY c��cs .�r
_.__-------.----_ �'l3a ��cs r �R�25' ��f�'/e • (�c �ac �'%�'c�rL .gc�eo.s_S
� �
__.__ __ ._ _ �'�� �S T2CcT ,4T 8sJ! /�D/`�5� �/'/1'JS ��Ze .
--- --_ _---_ _ /cr.S vH a-l` c�� h��e ��r hi�c�.4- �o b<c�r cv T r,� �h c
Y �°
-- ___._. �jGtS«1eS5 o,oc�'�.Tj� our oG ��t�i� �towte �ur t5 /3'1y
/J �� � / /
---_ _ _ GG�'I G��r 5 T�i1 G(.'/f'� ��T /�.t] 6CGt.c GL i O•tJ �C t-aI,S� G'Cvi G�6
/ �� / / �
6� rs�.V T"� i� �/1��-G <S /UD O�iSl�GC,�Ti O/tf TO �!t�
--_..- — _ �/ / /
�
__. _ . /1�� h b a��10 o c�, ..�� �f�4s /`Cc��IT�� hccn �jrou. �� �a
______ __ ._----___._ o !z �T ' icJ 7� � c � � �
� TCi?T/D /1�T ? 2 �2.C ,�1� /! I �t f7 �
��a,r h.¢vc ,6ec� �v«scl ���c�T�� -.� ��T i s
/�/ ^ �
------____-- ___._._ l�ccc� T`tc ca,5� -�. ca.dt�teT' su�J �T a� �4��i`ov�
� �
--___.______. _--,- ��� R�,O 6/Ct�j%O�l'✓. .
/
_�.._ ________ _ _
_.__ ___ .____ -- �� �/t G �C�/�5 e /� �/ /`D l/C� ��rC /IcCafCS �
/ / /-� / /`
----- ______ -- p e G�.�5u2�K�Ce �ha r ��rs �S /!07" �t �c--�l Gc���loo�
� / / � ��- /�
,p/'�C ��v�f ,4n c� ��' �h� /�u S��css i 5 ��d-%�1�d�
4
(ilur�c�c� ot� cwt�ol e�cf �+�-lc��r� , .s:zc o� �t�;��� cx-c� .
Y � P � ��
_- - - . ���y� ��
____ _ _ ___
________ _ ,�� �a /Z
�EC�c:...
August 3, 2005 ��U 0 � ZUU='
C1TY �F aRON�
Orono City Council Members:
I am in support of Jeff and Tracy Cordes being granted a home occupation license for
their residential property at 830 Forest Arms Lane. Their home occupation(Metro Pro
Inc.) is clearly secondary to their residential use of the property and has had no adverse
effect on the surrounding neighborhood.
Sincerely,
�� f�
�.s� v'--
Bret and/or Jennifer Riemenschneider
835 Forest Arms Lane
August 3, 2005
Orono City Council Members,
I am in support of Jeff and Tracy Cordes being granted a home occupation license for
their residential property at 830 Forest Arms Lane. Their home occupation (Metro Pro
Inc.) is clearly secondary to their residential use of the property and has had no adverse
effect on the surrounding neighborhood, nor did it have any effect on real estate activity
as related to the recent listing of my property.
Sincerely,
! �� �1��
/ �
Albert and Valerie Guralnik
805 Forest Arms Lane
August 3, 2005
Orono City Council Members,
I am in support of Jeff and Tracy Cordes being granted a hame occupation license for
their residential property at 830 Forest Arms Lane. Their home occupation (Metro Pro
Inc.) is clearly secondary to their residential use of the property and has had no adverse
effect on the surrounding neighborhood.
Sincerely,
�,.
/ C� <
�
/
John O'Brien
895 Forest Arms Lane
August 3, 2005
Orono City Council Members:
I am in support of Jeff and Tracy Cordes being granted a home occupation license for
their residential property at 830 Forest Arms Lane. Their home occupation (Metro Pro
Inc.) is clearly secondary to their residential use of the property and has had no adverse
effect on the surrounding neighborhood.
Sincerely,
�
����__
Greg and/or Maria Swenson
875 Forest Arms Lane
��
�
� �
.� �
C ITY of ORONO
,� � Municipal Offices
Street Address: Mailing Address:
��9.I�E .Kp4ti�'G 2750 Kelley Parkway P.O. Box 66
8
Orono, MN 55356 Crystal Bay, MN 55323�0066
Jtme 8, 2005
Jeff& Tracy Cordes
830 Forest Arms Ln
Mound, MN 55364
RE: 830 Forest Arms Lane/PIN 07-117-23-12-0005
Home Occupation/Illegat Use/Contractor I3usiness
A sign advertising Metropro, Inc, a lawn care and landscaping company has been posted on yo�n� property at 830
Forest Arms Lane. 'Chrough further research it appears that a lawn care, landscapin�� and contractor business is
operating at the above residential address. Home occupations within the City ofOrono are re�ulated under City Code
Section 78-1376;this section is attached herein for your reference. It appears that youur commercial use of the above
property may fall under one of the following t�vo categories of this City Code: Level ? Home Occupation or
Prohibited Home Occl�pation.
Please complete the attached Home Occupation License application and submit to the City no later than July 1,2005
in order to avoid legal action by the City. Upon receipt of your application, Citv Staff will evaluate your use of the
above residenti�l property for its qualification as a Level 2 Home Occupation. }{owever. Ciry Staff performed a
cursory properiy inspection on May 26`�'and it was noted that equipment consistent�vith a landscaping company was
stored on the property. Operating a contracting shop and/or outdoor storage associated with a home occupation is
strictly prohibited.
Additionally,an illegal access to County Road 151 is located at the rear of yoiu�property. Removal of this access was
a requirement of your building permit for the detached gara�e in September of 2004. It appears that the access was
partially removed;however additional restoration is necessary. The illegal access must be removed,the gate must be
ce�noved or permanently closed off and the ditch must be re-graded and re-ve�etated to Hennepin Cotu�ty
specifications by July l,2005, ifyou have questions please contact myselfor Dave Zettecstrom with Heilnepin County
Public Works at 763-745-7643.
Yow-property will be reinspected to verify compliance with this notice. Your attention tu this matter is appreciated.
Please call me at 9�2.249.4627 should you have any questions.
�(l D �'f��.t� co�a d f� o �Yt��te. ��
Sincerely, tj
City of Orono ' ��� � � ,r j G��
Wi I I v�er�n� t�``�'
Melanie Curtis a-�d �L,�( � }�� �� ��
City P(anner . ` -
SE�1 dt i�Yn �i. 11 Lt�.�"°f l A-• � a�' -
J ��
Encl: Home Occupation Licetlse Application C� C � �-�,���� ���,�
City Code 78-1376 . •� �
C[��U LG��t rr� C Uti�ti�-Fi� r
c: Dave Zetterstrom, Pec�mits Coordinator, Heilnepin County Public W 5����,�� �� �� ��� �f.�t fr l� „
'�'�flephoc►� (952) Z49-4600 � �'�x(952)��9�
�'36'�S'.�Il.��'OYIl�D.�&AE➢.9Il�
_ I
. �/ � � �� �'� �'e��- �-r�-�c.�
i
lJ 57/ a�-- ��-�- ` �/ 1� �"-s � �
�
_ �d,�CGz-7 �����L�--,� T"� ..
�
_ ���� c���s �-- ��� s �o�,�-�-
- -- �'S �- – � � � - � /� �
—---------_------
--- __ __- -------- C°�.�
_ ___ �c�o �� �� �
------- - °�s°a- ��a- �R3o
------ ------ _
- ------ ____ _ --
---------__----
- - -------- ___ _- -__
/�'�� y c�' � en
��a�� �c�.-� �r . -� /Uois�