Development Business - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit to Operate a Home Occupation in an FR (Farm Residential) Zoning District at 11662 Lexington Avenue NE. Reliable Garage Door (Case File No. 22-0010/SAS)
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Executive Summary
The applicant is requesting a conditional use permit to allow a home occupation for Reliable Garage door with outdoor storage.
Schedule of Actions
|
Planning Commission Public Hearing |
03/08/22 |
|
City Council (Conditional Use Permit) |
04/04/22 |
|
Action Deadline |
06/04/22 |
Background
Staff report prepared by Sheila Sellman, City Planner
A complaint was filed with the City regarding a business operation at 11662 Lexington Ave NE and the owner was directed to apply for a Conditional Use Permit (CUP) for a home occupation. Scott Hill, the applicant, explained this is a satellite location for his construction business (Reliable Garage Door). According to the applicant’s narrative he bought this property in 2010 and has restored the property to raise his family. It is unclear whether he checked with the City to determine if the business use was allowed at the property. The property is zoned Farm Residential and is 19.5 acres. The property consists of a single-family residence with a house, a large outbuilding and a covered structure.
Home Occupation
The requested CUP is for a satellite location for the applicant’s construction business. Specifically, the outbuilding houses garage doors and other construction materials related to the business. Two roll-off dumpsters will be stored on the west side of the outbuilding (they are onsite now). The dumpsters will be used to recycle metal and dispose of non-hazardous construction waste. In addition, three vehicles (truck, van, trailer) are proposed to be stored overnight adjacent to the outbuilding on an unapproved surface. As proposed, up to six business related visits will occur to the site up to five days a week. Most visits are one-hour or less between the hours of 7AM-5PM Monday through Friday.
It should be noted that the applicant is using the site for his business. He does not live at the subject site.
Section 29.010 provides regulations for Farm Residential (FR) zoning and lists home occupations as a conditional use. In this district the driveway surface should be equal to the streets surface for the first 35 feet off the traveled street. The existing driveway is not paved and should come into conformance if the CUP is approved.
Section 33.10 provides regulations for home occupations. The intent is “to provide peace, quiet, and domestic tranquility within all residential neighborhoods, within the City, and in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas”.
Definitions.
1. A home occupation is defined as any business, occupation, profession, or commercial activity that is conducted or petitioned to be conducted from property that is zoned for residential use. General farming and gardening activities are not considered home occupations and are not regulated by this ordinance. (Ord. No. 87-1007, amended 2-19-1987)
2. A home occupation conditional use permit is a permit authorized by the City Council only after a public hearing by the Planning Commission. (Ord. No. 87-1007, amended 2-19-1987)
The proposed home occupation does not conform to the standards outlined for a permitted home occupation. Per this section of the code, a CUP can be applied for to approve such use. In addition, the FR zone requires a CUP for home occupations.
Outdoor Storage
As proposed, there will be two dumpsters located behind the existing outbuilding (they are already onsite) and the applicant proposes to install a fence on each side for screening. The applicant has indicated there is not room inside the outbuilding for the dumpsters.
Section 34.322 prohibits the storage of refuse, recyclable materials unless it is within an enclosed garage or storage building. Further, outdoor storage is not permitted in residential districts per section 18-264. The only district that allows for outdoor storage is the Heavy Industrial (I-2 and I-2A) zoning districts.
In addition to the dumpsters, the applicant is proposing to store an affiliated truck, van and trailer outside. Vehicles can be parked in the rear yard on a paved driveway extended to a detached garage that serves as the sole garage for the residence. Vehicles may not be stored off the paved surface. The outbuilding is not the sole garage serving the residence. The vehicles are associated with the business and not the residence, therefore this would be considered storage. If allowed, the vehicles should be parked on an approved surface.
There are three sections in the code that does not allow outdoor storage in a residential district, therefore, staff cannot support the outdoor storage of the dumpsters or affiliated vehicles as proposed. Not only is it not allowed by code, it also alters the character of a residential lot/use.
Conditional Use Permit
Criteria for granting conditional use permits. In granting a conditional use permit, the Blaine City Council shall consider the advice and recommendations of the Planning Commission, the effect of the proposed use on the comprehensive plan, and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable. (Ord. No. 20-2447, 7-20-2020)
1. The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. Five trips per day to the site today, is likely not a burden. The additional roll-off trucks for picking up the dumpsters, if allowed, could be a burden on the roads and neighbors.
2. The use will be located, designed, maintained, and operated to be compatible with adjoining properties and the existing or intended character of the zoning district. (Ord. No. 20-2447, 7-20-2020). The home occupation is solely out of the accessory structure onsite in the rear of the lot. Employees come to the site to pick up/drop off materials and there are two vehicles and a trailer stored on site. This is not being operated as a residential property as the applicant does not live here, this is more in line with commercial. This is not compatible with adjoining properties.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. Outdoor storage is not permitted in residential districts per section 18-264. The purpose of this article is to preserve property values, eliminate blighted properties, and protect the character and appearance of residential neighborhoods through the regulation of outdoor storage. The outdoor storage does have an adverse effect on adjacent properties.
4. The use, in the opinion of the City Council, shall be reasonably related to the overall needs of the City and to the existing land use.
5. The use shall be consistent with the purposes of the zoning code and purposes of the zoning district in which the applicant intends to locate the proposed use. The FR District is intended for areas where urban services are not presently available. A minimum lot size of 10-acres will retain these lands in their natural uses and agricultural uses pending proper timing of economical provisions for parks, streets, utilities, and other public facilities, so that orderly development will occur. The proposed home occupation does not meet this purpose.
6. The use shall not be in conflict with the comprehensive plan of the City. The comprehensive land use designation for this site is LDR. This district is for residential purposes.
7. The use will not cause traffic hazard or congestion. The additional truck traffic for the roll-offs and employees may be a hazard as there is no turn lane to this property from Lexington Avenue. If this was a commercially zoned property, a turn lane would likely be required.
8. The use shall have adequate utilities, access roads, drainage and necessary facilities. The proposed use meets this requirement.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The Planning Commission held a public hearing at the March 8, 2022 meeting. No one from the public spoke on this item. The Planning Commission was not in favor of the outdoor storage portion of the home occupation and asked the applicant if he would be amenable to the Planning Commission recommending approval of the CUP without outdoor storage. The applicant stated he would remove the roll-off dumpsters and agreed to pave the driveway to meet code requirements. The Planning Commission voted unanimously to approve the conditional use permit for the home occupation without outdoor storage with the following conditions:
1. No outdoor storage is permitted, including vehicles associated with the business.
2. The driveway should be paved for the first 35 feet off the traveled street within 6 months of approval.
3. Six business related visits are permitted per week.
4. Hours of operation are limited to 7AM-5PM Monday through Friday.
After the meeting, staff reached out to the applicant regarding the conditions the Planning Commission had recommended. The applicant thought he was agreeing to six visits per day, not per week as stated in the conditions. He stated that, “considering the concessions made last Tuesday, we decided to reduce the amount of drivers that utilize the property within 3 months. For the next 3 months it will be 12 visits per week. Afterwards we will reduce to 6-8 weekly visits. I propose increasing the visits to 10 per week (based on Planning Commission’s recommendation of 6) and allowing a little leniency for the next 3 months.”
Staff continues to recommend denial of the request as the CUP criteria is not met as outlined above, and the use is more commercial in nature than what is typically seen in residential districts. Should the Council approve the request, the following conditions should be considered (these are the conditions the Planning Commission recommends with the modification to number 3):
1. No outdoor storage is permitted including vehicles associated with the business.
2. The driveway should be paved for the first 35 feet off the traveled street within 6 months of approval.
3. Up to 8 business related visits are permitted per week.
4. Hours of operation are limited to 7AM-5PM Monday through Friday.
Financial Impact
Not applicable
Public Outreach/Input
Notice of a public hearing were:
1. Mailed to property owners within 350 feet of the property boundaries.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the City’s website.
Staff Recommendation
Consider the recommendation of the Planning Commission to approve with conditions, or staff’s original recommendation to deny the request. The proposed resolution is to approve the request with conditions based on the Planning Commission recommendation.
Attachment List
Zoning and Location Map
Site Plan
Narrative
Pictures of the Site
Unapproved Planning Commission Minutes 3/8/22
Body
WHEREAS, an application has been filed by Reliable Garage Door as Conditional Use Permit Case File No. 22-0010; and
WHEREAS, said case involves the land described as follows:
THE S1/2 OF NE1/4 OF NE1/4 OF SEC 14 TWP 31 RGE 23, EX RD, SUBJ TO EASE OF REC
WHEREAS, a public hearing has been held by the Blaine Planning Commission on March 8, 2022; and
WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved without outdoor storage and subject to conditions; and
WHEREAS, the Blaine City Council has reviewed said case on April 4, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved to operate a home occupation for Reliable Garage Door at 11662 Lexington Ave NE, with the following conditions:
1. No outdoor storage is permitted including vehicles associated with the business.
2. The driveway should be paved for the first 35 feet off the traveled street within 6 months of approval.
3. Up to 8 business related visits are permitted per week.
4. Hours of operation are limited to 7AM-5PM Monday through Friday.
PASSED by the City Council of the City of Blaine this 4th day of April, 2022.