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 11453 National Court NE. Chase Hennessey (Case File No. 22-0066/SLK)
end
Executive Summary
The applicant is requesting a conditional use permit to allow a home occupation for a landscape and handyman business.
Schedule of Actions
|
Planning Commission Public Hearing |
11/09/22 |
|
City Council (Conditional Use Permit) |
12/05/22 |
|
Action Deadline |
12/10/22 |
Background
Staff report prepared by Shawn Kaye, Planner and Teresa Barnes, Project Engineer
Zoning
The parcel is zoned FR (Farm Residential).
Land Use Designation
The land use of the parcel is LDR (Low Density Residential).
Surrounding Zoning and Land Uses
The surrounding parcels are zoned FR (Farm Residential) and have a land use of LDR (Low Density Residential).
Existing Conditions
The site includes a single-family home with an attached garage, a pool, and a 1,200 square foot detached accessory building in the rear yard. It appears the east side of the parcel has wetlands.
History
The site received approval in 2004 for the construction of a 1,200 square foot
accessory building. The existing attached garage is 1,140 square feet. The total
garage and accessory space is 2,340 square feet.
Evaluation of Request
A complaint was filed with the City regarding a business operation at 11453 National Court. The owner was directed to apply for a Conditional Use Permit (CUP) for a home occupation if they wanted to continue to operate at this location.
The requested CUP is to operate a landscape and handyman business (office and storage) within the accessory building located in the rear yard. Specifically, the applicant proposes to store a skid loader, tractors, and tools for his business within the accessory building. A truck and dump trailer will be stored on the east side of the accessory building. A cube van for the business is proposed to be stored on the north side of the accessory building. In addition, personal trailers not used in the business will also be stored on the east side of the accessory building.
There is one full-time employee in addition to the applicant. High school and college students are hired seasonally and do not report to the shop/office, they meet at the project site of the customer. On occasion, the full-time employee may drive a company vehicle to the shop to pick up equipment.
The hours of operation are:
• Monday - Saturday: 7AM to 9PM
• Sunday: 10AM to 8PM
The hours vary, but typically the start of the day is at 7AM and equipment returns to the shop around 4PM to 7PM. Occasionally an employee may return to the site to pick up tools or equipment during the day.
No customer interactions are conducted on the site, they are conducted at the customers job site.
Section 29.010 provides regulations for Farm Residential (FR) zoning. In this district the driveway surface should be equal to the street’s surface for the first 35 feet off the traveled street. The existing driveway is paved to the front face of the garage. The applicant is proposing to access the rear accessory building with a Class V or asphalt milling driveway.
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 the Home Occupation section of the code, a CUP can be applied for to approve such uses outside the parameters for a permitted home occupation.
Section 82-153 No trucks, farm trucks, semitrailers, special mobile equipment, truck tractors, farm implements or tractors, or trucks carrying or designed to carry explosive or flammable materials, buses, or vehicles exceeding gross vehicle capacity of 12,000 pounds shall be parked on public or private property in any residential district, except the farm residential and agriculturally zoned districts. Pickup trucks and vans rated under 12,000 gross vehicle capacity are exempt from this subsection.
The section listed above permits the applicant to store/park his truck, van, and tractor outside.
Setbacks
The accessory building is approximately 70 feet from the north property line, 105 feet from the west property line, 325 feet from the east property line, and 420 feet from the street.
Tree Preservation
No trees will be removed on the site.
Grading/Storm Drainage
The buildings are existing; therefore, minimal grading would be required to install a drive access to the rear accessory building.
The applicant will continue to work with the engineering department to ensure that the driveway does not encroach any more than necessary into the platted drainage, utility and wetland easement.
The applicant has agreed to install a French drain and rain garden within the area where the access drive will encroach into the wetland easement area to ensure that water from the access drive and existing accessory building runoff will not affect the existing wetland area.
Wetlands/Watershed
The access road to the accessory building will be required to be constructed outside of the required 15-feet wetland buffer area when possible. Due to an existing “pinch point” that would require the removal of approximately 8 to 10 trees, the applicant has agreed to install additional water quality measures to address the storm water runoff from the access drive and the existing accessory building. Due to no additional construction being proposed, a Watershed District review is not required.
Access/Street Design/Sidewalks/Trails
Due to no additional construction being proposed, the site will not receive any additional access. No street design, sidewalk nor trail construction is required.
Easements/Right-of-Way/Permits
Due to no additional construction being proposed, the site will not be required to obtain any additional easements nor grant any additional right-of-way. The project will be required to obtain all necessary permits to complete the project.
Conditional Use Permit
The Blaine City Council shall consider the advice and recommendations of the Planning Commission and 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. The minimal daily trips to the site is likely not a burden.
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 use of the home occupation will occur inside the accessory building with the outside storage of a trailer, truck, and van in the rear yard and on the east side of the accessory building minimizing the view from adjacent properties. Trucks, trailers and vans are allowed to be stored outside in the FR zone.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The use of the home occupation will occur inside the accessory building with the outside storage of a trailer, truck, and van in the rear yard and on the east side of the accessory building minimizing the view from 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 parcel is zoned FR (Farm Residential) which generally has larger lots that are not served by sewer and water. The use is being proposed inside an accessory building and outside storage on the east side of the building to minimize views from adjacent properties.
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. The use is being proposed inside an accessory building and outside storage on the east side of the building to minimize views from adjacent properties to minimize any impacts in a residential area.
7. The use will not cause traffic hazard or congestion. The proposed development will not result in any additional traffic hazards or additional congestion to the area.
8. The use shall have adequate utilities, access roads, drainage, and necessary facilities. The property with existing structures have the required utility services, adequate roads and necessary drainage facilities to service the proposed home occupational use.
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’s website.
Staff Recommendation
By motion, adopt the resolution.
Attachment List
Zoning and Location Map
Site Plan
Aerial of Parcel
Pictures of Equipment
Narrative
Public Comments
Unapproved Planning Commission Minutes 11/9/22
Body
WHEREAS, an application has been filed by Chase Hennessey as Conditional Use Permit Case File No. 22-0066; and
WHEREAS, said case involves the property described as follows:
Lot 5, Block 1, LOCHNESS PRAIRIE ADDITION
WHEREAS, the Blaine Planning Commission held a public hearing on November 9, 2022, and recommended approval regarding said Conditional Use Permit; and
WHEREAS, the Blaine City Council has reviewed said case on December 5, 2022; and
WHEREAS, the criteria identified in Section 27.04 for granting a conditional use permit has been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a conditional use permit is hereby approved per Section 29.010 and 33.10 of the Zoning Ordinance to allow a conditional use permit to operate a home occupation in an FR (Farm Residential) zoning district with the following conditions:
1. No outdoor storage is permitted with the exception of the permitted truck, trailers, and van parking.
2. Any access drive off the existing driveway will need to be constructed at least 35 feet from the front property line. The access drive will need to be constructed at a minimum of a Class V material.
3. The property owner is to provide an accurate site survey that shows all existing structures, easements, and proposed access drive locations.
PASSED by the City Council of the City of Blaine this 5th day of December, 2022.