Development Business - Sheila Sellman, City Planner
Title
Title
A Resolution Adopting a Written Statement of Denial for the Conditional Use Permit Application of Chase Hennessey to Operate a Home Occupation in an FR (Farm Residential) Zoning District at 11453 National Court NE. (Case File No. 22-0066/SLK)
end
Executive Summary
At the December 5, 2022, City Council meeting, the council directed staff to bring findings of fact for denial for the Conditional Use Permit (CUP) back to the December 19, 2022 meeting for consideration.
Background
The applicant is requesting a conditional use permit to allow a home occupation for a landscape and handyman business.
The City Council considered the CUP on December 5, 2022, and voted not to approve the request, and directed staff to prepare findings for denial to be considered at the December 19, 2022 meeting.
Strategic Plan Relationship
Not applicable
Board/Commission Review
The Planning Commission voted unanimously to approve the conditional use permit. There were comments at the public hearing from the adjacent neighbor to the west. The concerns from the neighbor were related to noise, disruption of wildlife, traffic from the proposed business, potential violations of the zoning ordinance, and the new access drive being constructed in a drainage and utility easement.
Financial Impact
Not Applicable
Public Outreach/Input
Notices 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 website.
Staff Recommendation
By motion, approve the resolution.
Body
Recitals
WHEREAS, Chase Hennessey applied to the City of Blaine (the “City”) for Conditional Use Permit (“CUP”) for operation of a home occupation at 11453 National Court NE, Blaine MN 55449 Lot 5, Block 1, Lochness Prairie Addition; and
WHEREAS, the Blaine Planning Commission held a public hearing on home occupation CUP application on November 9, 2022; and
WHEREAS, the Blaine City Council addressed the home occupation CUP on December 5, 2022 and voted to deny the request; and
WHEREAS, Section 27.04(a) of the Blaine Zoning Ordinance articulates the criteria by which the Council reviews a CUP application; and
WHEREAS, the Blaine City Council determined the application failed to satisfy the necessary criteria under Section 27.04 for a home occupation because:
• The proposed use would be located, designed, maintained, and operated in a matter that is not compatible with adjoining properties and the existing or intended character of the zoning district.
• The proposed use would have an appearance that causes an adverse effect upon adjacent properties.
• The proposed use, in the opinion of the City Council, was not reasonably related to the overall needs of the City and to the existing land use.
WHEREAS, a written statement of denial of the CUP was not adopted by the Council at meeting on December 5, 2022, and therefore, pursuant to Minnesota Statutes Section 15.99, Subdivision 2, the Council is required to adopt a written statement of denial at the following meeting;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLAINE RESOLVES AS FOLLOWS:
1. The above recitals are incorporated into this Resolution as if set forth herein;
2. The Council denied Chase Hennessey’s request for a home occupation conditional use permit for the above-described property on December 5, 2022.
PASSED by the City Council of the City of Blaine this 19th day of December, 2022.