DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
Title
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A HOME OCCUPATION INVOLVING SMALL ENGINE REPAIR AND ONLINE SALES IN THE FR (FARM RESIDENTIAL) ZONING DISTRICT AT 11802 LEXINGTON AVENUE NE. BOB TAYLOR. (CASE FILE NO. 17-0031/NBL)
Schedule of Actions
|
Planning Commission (Public Hearing) |
08/08/17 |
|
City Council (Conditional Use Permit) |
09/07/17 |
|
Action Deadline |
10/09/17 |
Planning Commission
The Planning Commission voted to approve the conditional use permit. Public comments included concern regarding increased traffic and noise, possible emissions, and ground pollution. The applicant spoke on his behalf and expressed his desire to have outside storage of boats.
Background
The city received a complaint regarding outside storage at 11802 Lexington Ave NE. The applicant explained that he runs a mobile repair business, and will on occasion do small engine repairs from his home. At that time, the city informed the applicant that a conditional use permit is required for a home occupation in the FR (Farm Residential) zoning district. Mr. Taylor bought this property in 2015 and it is unclear whether or not he checked with the City to determine if this use was allowed on this lot.
Section 33.11 (d)(4) outlines specific parameters that must be met for home occupations to be permitted in the FR (Farm Residential) zoning district including:
• It is required that the conditional use permit be renewed annually.
• The home occupation must be contained entirely within one building, which can be a maximum of 1,500 square feet.
• There can be no more than four customers daily.
• The operator of the home occupation must reside on the property.
• No more than three people, who do not reside on the property, employed by the business.
The applicant would like to bring his property into compliance by obtaining a conditional use permit to continue doing repairs from his detached garage. The applicant currently has a 1,500 square detached garage on the property. The narrative stated that the garage consists of an area designated for customer interactions and also an area designated for doing repair work. The narrative also stated that used parts are sold online. As described in the narrative, these portions of the home occupation are in compliance with the city’s zoning requirements in the FR (Farm Residential) zoning district. The applicant has stated that the home occupation serves fewer than 4 customers daily, as only 15% of repair jobs completed last year were done onsite and 85% were completed offsite. The applicant did not indicate that there are any employees at this time.
The narrative outlined the applicants desire to store boats over the winter months and the applicants desire to sell equipment such as trailers. These parts of the business are not explicitly not permitted by the zoning ordinance. Section 33.11 of the Zoning Ordinance states that there shall be no exterior storage of materials, merchandise or equipment, associated with a home occupation. This is to protect adjacent residents from storage yards and the unsightliness that can occur when these yards are not maintained.
Staff is recommending approval of a conditional use permit for a home occupation. However, the applicant needs to be aware that the conditional use permit will not permit the applicant to sell equipment, and it will not permit the applicant to have exterior storage of any kind. If the permit is granted, the applicant will be required to schedule an annual inspection with our Fire Department in order to renew the permit each year. These items are listed and outlined as conditions of the conditional use permit.
Recommendation
By motion, approve the Resolution.
Attachments
Zoning and Location Map
Site Plan
Narrative
Body
WHEREAS, an application has been filed by Bob Taylor as Conditional Use Permit Case File No. 17-0031; and
WHEREAS, a public hearing has been held by the Blaine Planning Commission on August 8, 2017; and
WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and
WHEREAS, the Blaine City Council has reviewed said case on September 7, 2017.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Section 33.11(d) of the Zoning Ordinance to allow for a home occupation, involving small engine repair and online sales, in the FR (Farm Residential) zoning district at 11802 Lexington Avenue NE based on the following conditions:
1. The home occupation must only be conducted inside the existing 1,500 square detached garage.
2. All repair work must be conducted inside the detached garage and may not be conducted outside.
3. No outside storage of any kind is allowed at any time. This includes parts, materials, equipment and any other materials that are related to the home occupation. Specifically, this includes boats and boat trailers for storage.
4. There can be no more than 4 customers daily.
5. There can be no more than three employees at any time that do not reside on the property.
6. The sale (display) of equipment onsite is prohibited and the sale of any small engine parts must only be conducted online.
7. All existing outside storage needs to be removed by September 30th, 2017, and a follow up inspection will be conducted at this time.
8. Each year prior to September 30th, the applicant must schedule an inspection with our Fire Department to renew this conditional use permit. If the applicant fails to do so, or if the applicant fails to comply with the conditions as outlined above, then there shall be grounds for revocation of the conditional use permit.
PASSED by the City Council of the City of Blaine this 7th day of September, 2017.