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Home My WebLink About#4 - Home Occupation Permit Memo To: Planning Commissioners From: Kari Barker, Associate Planner Date: May 26, 2009 Subject : Mike Jacobson – Type II Home Occupation License Review #2009-13 - 215 th West 5 Street REQUEST Mike Jacobson has requested a Type II Home Occupation License to operate Metalmorphosis th Cycle, at 215 West 5 Street. Metalmorphosis Cycle repairs cycle parts, repairs 12-20 complete bikes yearly, and builds one- of-a-kind bikes 1-2 times per year. The majority of the business is repairing, reconditioning, and restoring parts that come via UPS delivery. The business is open to the public by appointment only. There are generally one to two appointments per week. Mr. Jacobson generally works 2 to 3 days a week for 3 hours at a time. The applicant primarily works Monday through Friday and occasionally works on Saturdays. The business is closed on Sundays. BACKGROUND INFORMATION Comprehensive Plan Classification The 2020 Comprehensive Plan designates the property as U-I, Urban Residential with 1-3 units/acre. Zoning Classification The subject property is zoned R-2 OHDS, Medium Density Residential. Type II Home Occupations are a permitted use upon review of the City Council. Adjacent Zoning and Land Use The adjacent properties to the east, south, and west are zoned R-2 OHDS. There is a park to the north of the home and the Hastings Fire Station is to the east of the home, further down the street. Existing Condition The existing home was built in about 1860. A 440 square foot detached garage is located off of the rear alley. HOME OCCUPATION REVIEW Ordinance Requirements Home occupations are regulated as either Type 1 or Type 2. Type I – non-licensed home occupations are allowed without a license. Type II licensed home occupations require review before the Planning Commission and City Council before a license is issued. The applicant requires a Type II – licensed home occupation permit because he is using a garage for the business. Outside Employees The applicant has indicated that he will be the only employee. Access and Parking Customers will access the garage via the alley behind the home that leads to the garage. There is adequate parking on the driveway outside the garage for customers. In addition, customers can park th in front of the home on 5 Street. Storage of Equipment and Work Area The applicant will work in the garage, which contains one motorcycle lift. The garage is heated and air conditioned. Per 155.07 Special Provisions, (D) Home Occupations, (2) General Regulations, (d), “The home occupation shall be conducted indoors and shall be clearly incidental and subordinate to its use for residential purposes by its occupants.” This will be a condition of approval. Hazardous Waste Disposal There will be very little hazardous waste disposal. The waste oil that is generated will go to a recycling site, such as Waste Management in the Industrial Park. It does not appear the business will trigger a Hazardous Waste Generators License. Signage The applicant states there is a 20” X 17” sign on the property. Signs two square feet or less are allowed per the Home Occupation Ordinance. The existing sign will need to be modified to fit in the 2 square foot size requirement. Comments from Neighbors Notice has been sent to neighboring residents within 350 feet of the property. Staff has received concerns from the neighbors. These concerns along with the applicant’s response are attached. Noise The applicant states that the noise will be minimal. Per 155.07 Special Provisions, (D) Home Occupations, (2) General Regulations, (c) “There shall be no indication of offensive noise, vibration, smoke dust, odors, heat, or glare at or beyond the property line.” Per 95.23 Public Nuisances Affecting Peace and Safety, (V) 2 Hourly restriction of certain operations, (a) Domestic Power Equipment, “No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m on any weekend or holiday. Review Period (D) Home Occupation (4) (k), “The Type II licensed home occupation shall remain in effect during the license year so long as it is operated in compliance with the provisions of this division (B)(4). The City Council may revoke the Type II license of any individual that violated the provisions of this division (B)(4). Before any Type II license is revoked the holder of the license will be given a hearing before the City Council, which hearing will be preceded by 10-days’ mailed notice outlining the basis for the revocation of the license. At the hearing, the holder of the license will be given an opportunity to address the Council regarding the alleged violations.” Fire Inspector Review Al Storlie, Fire Inspector, has inspected the operation and has not cited any concerns. RECOMMENDED ACTION Approval of a Type II Home Occupation License for Mike Jacobson to operate th Metalmorphosis Cycle at 215 West 5 Street, subject to the following conditions: 1)That the business be operated in compliance with the Application for Home Occupation, the Home Occupation Questionnaire, and the letter sent May 21, 2009, to the City by Mr. Jacobson. The applicant shall provide the Planning Department notice of changes that expand the business (i.e. additional outside employees) to determine if the business is operating within the confines of the code. 2)That the business will be operated in compliance with the Home Occupation regulations as established by the Hastings City Council. 3)That the Type II license will be in a probationary status for one year. Following the year probation, the Council will review the license and determine whether it should be issued for the remaining four years. 4)The Home Occupation must be conducted within the confines of the garage and the garage door and windows shall remain closed to reduce noise. 5)The hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m. on any weekday and between the hours of 9:00 a.m. and 9:00 p.m on any weekend or holiday. 6)The Home Occupation Sign shall be modified to fit in the 2 square foot size requirement. 7)The applicant must adhere to a Hazardous Waste Generator’s License requirements and is required to obtain a license if threshold requirements are met (i.e. generating 10 gallons of feeable hazardous waster in one year). ATTACHMENTS Location Map Aerial view of home Application Letter from neighbor Response from Mr. Jacobson to neighbor letter Home Occupation Ordinance Site Location Map Site Location Metalmorphosis Cycle 215 5th Street East 317317 300300 111111 117117 215215300300 301301223223 311311303303 319319 401401 308308 219219 101101 314314 216216 314314 224224 300300 308308 316316 318318 210210 402402 320320 320320 401401 405405 408408 110110 408408 400400 321321 407407 411411 410410 412412 114114 314314 316316 406406 108108 115115 121121 306306 420420 Site LocationSite Location 501501 504504 115115 510510 209209 215215 219219114114 108108 301301 307307 323323 401401 506506 507507 514514 515515 513513 314314 118118 515515 200200 208208 214214 121121 300300119119 308308 320320 400400 106106 520520 101101 122122 109109 224224 601601 321321 602602 105105 608608 311311 120120 114114 315315303303 600600 111111 613613 215215 320320 612612 120120 200200 614614320320314314308308300300224224222222 Site Location (D)Home occupations. (1) Purpose. The purpose of this division (D) is to provide a means, through the establishment of specific standards and procedures, by which home occupations can be conducted in residential neighborhoods.This division (D) recognizes that home occupations that are clearly incidental and subordinate to the primary residential use of a structure may be conducted so long as they do not negatively affect the residential character, health, safety, or general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling a distinction between permitted home occupations and conditional or customarily more sensitive home occupations, so that permitted home occupations may be allowed through an administrative process rather than a quasi-judicial hearing process. (2) General regulations. (a) Exterior alterations or modifications that change the residential character or appearance of the dwelling, any accessory buildings, or the property itself for the purpose of a home occupation shall be prohibited. (b) Exterior display or storage of equipment or materials related to the home occupation is prohibited. No article for sale shall be visible from the street. (c) There shall be no indication of offensive noise, vibration, smoke dust, odors, heat, or glare at or beyond the property line. (d) The home occupation shall be conducted indoors and shall be clearly incidental and subordinate to its use for residential purposes by its occupants. (e) The use shall not generate sewage of a nature or rate greater than normally associated with a residential occupancy nor shall it generate hazardous waste or solid wastes at a rate greater than that normally associated with residential occupancy. (f) No home occupation shall be allowed which jeopardizes the health and safety of city residents. (g) Shipment and delivery of products, merchandise, or supplies shall be limited to between 8:00 am and 6:00 pm. (h) No home occupation causing additional parking or traffic than would be normally expected in a residential neighborhood shall be conducted between the hours of 8:00 p.m. and 7:00 a.m. (i) Only articles or services made or originating on the premises shall be sold to customers on-site, unless the articles are incidental to a permitted home occupation. (j) Only 1 vehicle and 1 trailer specifically used for a home occupation are permitted to be parked at the residence licensed for a home occupation. The parking of these vehicles must be off-street and in compliance with the parking regulations of the City Code. (k) Signage may consist of not more than 1 single faced unlighted wall sign per home with a maximum area of 2 square feet. (3) Type I. Non-licensed home occupations may be allowed without a license if in compliance with the following regulations: (a) Compliance with division (D); (b) Persons engaged in operation of the home occupation are limited to only those members of the family residing on the premises. (c) Traffic generated by such a permitted home occupation shall not exceed 1 vehicle at a time. The Type I non-licensed home occupation shall remain in effect provided it meets the requirements of this division (D). It shall be a misdemeanor to operate a Type I home occupation in violation of this division (D). Each day a violation occurs is a separate offense and may be punished as a separate misdemeanor. (4) Type II. Licensed home occupations require a license to be granted by the City Council. Type II licensed home occupations must comply with the following conditions. (a) The Type II licensed home occupation fee shall be set by resolution of the City Council. (b) The resident of the home must be chiefly involved in conducting the home occupation. Persons not residing in the home may be employed in the home occupation upon approval by the City Council (c) No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of the home occupation shall be met off of the street in accordance with parking regulations of the City Code. (d) Accessory structures and garages may be used in the operation of a home occupation upon approval by the City Council and determination that its use will not negatively affect the ability to store equipment and vehicles. (e) The process for Council review of Type II home occupations requires the following: 1. Notification of all property owners within 350 feet of proposed home occupation at least 10 days prior to the Planning Commission meeting at which home occupation is to be reviewed. The notice must provide date of consideration before the Planning Commission and indicate that parties may be heard to consider the application. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this code; and 2. A fire safety inspection shall be required prior to issuance of any home occupation license in any case where the City Council allows the home occupation to employ outside employees. The fire safety inspection shall occur prior to any license renewal. (f) Licenses shall not run with the land and shall not be transferable. (g) Whenever an application for a Type II home occupation license has been considered and denied by the City Council, a similar application for a license affecting substantially the same property and use shall not be considered again by the Planning Commission or City Council for at least 6 months from the date of its denial unless a decision to reconsider the matter is made by not less than 6/7 vote of the full City Council. (h) An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a license. (i) The city hereby reserves the right upon issuing any home occupation license to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this chapter or any conditions additionally imposed. The city shall only have the right of inspection in cases which the resolution of the potential violation cannot be determined from outside the bounds of the property. (j) The license year shall run from January 1 to December 31. The application fee and license fee shall be established by resolution of the City Council. (k) It shall be a misdemeanor to operate a Type II home occupation in violation of this division. Each day a violation occurs is a separate offense and may be punished as a separate misdemeanor. The Type II licensed home occupation shall remain in effect during the license year so long as it is operated in compliance with the provisions of this division (B)(4). The City Council may revoke the Type II license of any individual that violated the provisions of this division (B)(4). Before any Type II license is revoked the holder of the license will be given a hearing before the City Council, which hearing will be preceded by 10-days’ mailed notice outlining the basis for the revocation of the license. At the hearing, the holder of the license will be given an opportunity to address the Council regarding the alleged violations. (5) Home day care centers. Home day care centers are permitted without a license, per the requirements of Dakota/Washington County. (6) Effective date. All home occupations in existence on the effective date of this division (B)(4) shall comply with all provisions of this division (D) within 180 days from this division’s effective date. The City Council reserves all rights to modify this division (D) in the future as it may deem appropriate. No home occupation operator, whether Type I or Type II, shall acquire any vested rights to continue operation under any ordinance provision that has been subsequently amended. (7) Violations. It shall be a misdemeanor for anyone to violate a provision of this division. Each day a violation occurs is a separate offense and may be punished as a separate misdemeanor. (Prior Code, § 10.12) (Am. Ord. 514, passed 8-16-2004)