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HomeMy WebLinkAbout20090601 - VIII-B-2VII~B -2 Memo To: Mayor Hicks and City Council Members From: Kari Barker, Associate Planner Date: June 1, 2009 Subject: Mike Jacobson - Type II Home Occupation License Review #2009-13 - 215 West 5~ Street REQUEST Mike Jacobson has requested a Type II Home Occupation License to operate a Home Occupation out of the gazage located at 215 West 5~' Street. The Home Occupation repairs cycle parts, repairs 12-20 complete bikes yearly (approximately half of which would include running a motor), 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 aze generally one to two customers per week from April to October. 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. RECOMMENDATION The Planning Commission voted 7-0 to recommend approval of the Home Occupation on May 26, 2009. About 5-10 residents attended the meeting and spoke to the issue. It did not appear that any neighbors objected to the Home Occupation, but concerns were raised over noise, traffic, and application procedure. Please see the attached minutes for further information. FINAL HOME OCCUPATION QUESTIONAIRE After the Planning Commission meeting, staff requested the applicant to provide a final Home Occupation Questionnaire. This was done to provide a final document including all the proposed details on various Home Occupation applications and responses. ATTACHMENTS • Resolution • Final Home Occupation Questionnaire Dated May 27, 2009 • Parking Illustration • Location map • Aerial view of home • Original application • E-mail from applicant • Letter from neighbor • Response from Mr. Jacobson to neighbor letter • Sign Illustration • Home Occupation Ordinance • City of Hastings Bureau of Fire Prevention Exit Interview • Meeting minutes BACKGROUND INFORMATION Comprehensive Plan Classification The 2020 Comprehensive Plan designates the property as U-I, Urban Residential with 1-3 unitslacre. 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. Ezisting 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 I or Type II. 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 aType II -licensed home occupation permit because he is using a gazage for the business. Outside Employees The applicant has indicated that he will be the only employee. Access and Parking Customers will access the gazage via the alley behind the home that leads to the garage. There is adequate parking on the driveway outside the gazage for customers. In addition, customers can park 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." 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 that will be kept inside the shop. The applicant has agreed to keep the sign inside the shop as it does not meet the sign requirements. Signs two square feet or less are allowed per the Home Occupation Ordinance. 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, (~ 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 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE TYPE II HOME OCCUPATION LICENSE FOR MIKE JACOBSON AT 215 W 5'h STREET Council member introduced the following Resolution and moved its adoption: WHEREAS, Mike Jacobson has petitioned for approval of a Type II Home Occupation License to operate a repair shop in the garage at 2I5 W St'' Street, legally described as Lot 3, Block 38, TOWN OF HASTINGS BLKS 1 THRU 99, Dakota County, Minnesota; and WHEREAS, on May 26, 2009, a review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, The Planning Commission of the City of Hastings recommended approval of the Type II Home Occupation License subject to the conditions of this resolution. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Type II Home Occupation License request of Mike Jacobson as presented to the City Council subject to the following conditions: 1) That the business be operated in compliance with Exhibit A- Home Occupation Questionnaire. 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 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_ 5) The Home Occupation Sign shall be modified to fit in the 2 square foot size requirement. 6) 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 waste in one year). Council member put to a vote adopted by Ayes: Nays: Absent: ATTEST: present. Paul J: Hicks Mayor Melanie Mesko Lee City Clerk moved a second to this resolution and upon being (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 1 S' day of June, 2009, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk This instrument drafted by: (SEAL} City of Hastings (KSB) 101 4th St. East Hastings, MN 55033 or73;h~v~ co~~- CITY OF' HASTII~ICS PLAI~II`III~IC I?~PARTMENT I01 Fourth St East, Hastings MN 651.480.2350 -phone 651.437.7082 -fax www.ci.hastings.mn.us Home Occupation License -License Type Determiner Circle One Do you have any outside employees (who do not reside at the home)? Yes o Does more than one vehicle visit your business at a time? Yes No Do you use a garage (attached or detached) or shed for your business? Ye No If you answered yes to any of the above questions, you are required to obtain a 'I~pe II Home Occuapation License from the City of Hastings prior to operation of the business. Please complete the enclosed questionaire and application form, and return it to City Hall with the required application fee. If you answered no to all 3 questions, you are not required to obtain a license to operate the business from your home. Please fill out the lower portion of this form and return it to City Hall. It will be kept on file, so should someone contact the City regarding your home occupation, we have a record of the business. Your business will not be inspected or contacted unless a complaint has been made. Should your business change or grow in such a way that you have outside employees, mare than one vehicle visiting your business at a time, or need to use a garage or shed in the operation of your business, yon most apply for a 1~pe II License. Please contact the Planning Department for the necessary forms. Name: ~ ~ c~t~t et Business Name: ~i Address: ~-i 5 ~~~ Phone: 6~1 ~ - 23' Fax: Email: Signal Date: ~c~.C`i~~ ~f ~~', Cc3bS!-~t ~CLMC~ CE' --0 '~~ a~C~C ~~ ~[~a Gti~c~ ~- (~~~ ~~ 9/28/2004 1 CITY OF HASTiI~ICS ~ PLAI~II`iIl`IC DEPT`. 101 4~' St E., Hastings, MN 55033 ~ Phone:651.480.2350 ~ Fax:651.437.7082 Application for Home Occupation License Applicant: NVr - ~:~< < obs ~ Business Name: ~ ~ ~ bsz~r ~ ~d ~~ ~r~l-~ i/ ~ fc ~l'~ S Address: i~ I,~J~ ~ S~ ~~ City: -~1~c-S State: ~ Zip:.~3t~~~ Home Phone: ~~7~3~~ Work Phone: ~, IZ-Z3 ~~ ~'.~ `t~ Email::,,~~~-{-~e~~~-~r~~~(~S Fax: f~~S"/- ~3 ~~- U~31 ~ :~3i w~ ~~ I o ez~r-~ / Property Owner (If di~erent from above): !11/ia Address: City: State: Zip: Home Phone: Work Phone: Email: Fax: Address of Proposed Home Occupation: ~ U~<~~ ~~rc~sf-- ~-~- Legal Description: ~.~ PID: -~- Zoning Designation: Do you own or rent this property? A~~ r~ ~ [~'~~ If you do not own the property, you must attach written permission from the property owner to operate the business at that location. Please fill out this form and the attached questionnaire completely, and return it to the Planning Dept., along with the $250 application fee. The application review will not be scheduled for a Planning Commission meeting until all required materials have been provided. By signing this application, 1 declare that l Mave read Chapter 10, Section 10.12 Subd. 2d of the Hastings City Ordinance, and that all of the information provided to the City of Hasfings on this application, or as a part t~h~er f, is true and accurate to the best of my knowledge. o~~~.~ c~y~Ik ~'~ 2 ~.~~~~ CITY OF" HASTII`ICS ~wv;~- ~. Planning Dept. ~ 101 4~' St E, Hastings MN 55033 ~ Phone 651.480.2350 ~ Fax 651.437.7082 Home Occupation Questionnaire If additional space is needed to adequately answer any of the following questions, answer on a separate sheet of paper. Please number your answer to correspond with the question. 1. Describe the proposed home occupation: TO RbPA i 12 ~ t7 ~S- C-G N ~- C' u- r_1> M v~a+ec ~c.~~ 2. Describe the character of the surrounding properties: ~c1-e-- ~ S-n~~~..E-F,a~~i,~ How~~a o-s r?~rtd s~r..~rrs o~F' ~ruE p,LOC~ ~~'i"i~t RN Ai.L+J S~F'PA~+`aTiNG~ ~1~rCH ~~DE- 3. Of those who reside in the home, who will be employed in this home occupation and what wilt their duties be? ~~cw~~~ ~R~,a } c~u,N~z . Du~- ES r„iLwp~ : AG.i- ~sP~~r~ o~ rAOTbL'L~jG-.E ~£~i9i2 i'I.St;}.--1)~(/~~1 ~ ~NG,11'~'L ~.~~~1~ ~ TU~UINfi~~ 4. Will there be any people employed in the home occupation who do not live in the home? tf yes, describe the need for their employment, the number of employees, their duties, and their hours of employment. No. 5. to what part of the home will the home occupation be located? How will customers/employees access the area? ~"f1~~ C-wer~~ t..,Cr/a-'~r.C~ a-~ `i'6~{~ A~~Y f~i~"PaaN~E~AccF~ rS ~-~~ r~ea~N -rN.ti S~y~ViGE ppo~ ofZ ~igitiS ~-~P~[r~ T.boe. 6. Will the home occupation be carried out in a garage, shed, or any other part of the property other than the home? if yes, describe what activities will take place in the garage/shed and/or what materials and in what quantity will be stored in the garage/shed: 1 ~J~ MoTt~C~U-E ~NC1tNC~ ~ Ti~N1 N[~t~ ~,irPRie oQ ~E'i~ixLD~N~sj~ S~T~£ti!.1-~iGt~ i g~A~i/ ~~~Ui D ~.~P--~1C.~1"-f/sr" COi ~ , C c~ouanrT ~ ~eAC~ ~v,~:~~ ~ ~ XHVW ~ i' ~ O Ni-~ `-~ r,^Au- ~vi~tr5 0~ ~~Ui ~ ~~ K~~ ~-•x SiT~ DUB '~ `T1~tE U~21 ~T1•£`~ ~/~ `°~~ 3 7. What are the intended days and h is home occupation? t`/1oN t~~~ - Fett~~1 $ 1n~~ - Ca f'6'~ ,~n,~ GPM 'ePri'1 ~~ Af~Don~s~-'~ 7 8. How many customers wilt visit your home occupation at any one time, on any given day during any given week? If none, skip to Question 10. V p '~ 2 c u srr~N ~RSe 9. Do you have off-street customer parking available at your home occupa#ion? Attach a detailed drawing showing the location, capacity, type of parking surface, and dimensions of parking area: Y~.S, "rta~ pe~k~r~t~ i-J ~cx i4r~d~ it.~ ice [%eiv~w~il D-~c~-~-~ iU~ f (ZpN ~ OF ~]j.{~ BNOP. 'i'F~t~ "~ SU2~A~.~ P1~9 ~~H~~-T.. P~~R~£ ~~~ ~~~~ ~n~~. fit, ~ 10. Will the home occupation require or involve any equ not normally found in the home? If yes, describe the equipment: ~.proczG~C~G i..t fir, R-'f~ Cv.~p~e~~ r;'~ i~~~ .~ C~~ itJ~~~ . 11. Will the home occupation involve the sale of merchandise over the counter that is produced off the property? If yes, describe the merchandise to be sold: ~1 e~. 12. How long do you anticipate the home occupation will be operated at this address? z ~- ~ ~ ~A2S ~ 5TAQ1"- vf'~ 13. Are there any interior or exterior alterations required for this home occupation? if yes, describe the interior and/or exterior alterations required: Nc~• vr"!~~'~-•~~ GO~P~ 4 14. Wll the home occupation produce glare, noise, odor, or vibration that will be noticeable outside the home? If yes, describe: Y~S~ Due-+~ ~-,q-'r~i~ `~CS~~-v~ss , Cww,ttv~S Mt'+~t gE Rui.sull.t[~, fi1R [D-v-pQ~S~p2 ~ij U~ ~vNP1rPUGe t- /~N7J G>')NDE-~ ~'-R~ g~ t~`s~/J p~~N+~tr--Ca oa GuStor+•tE-t~ ~ ~cK i-A~~, C::u~~rr~~n~~2 Mo~oet~~~f,.~S WIAd ~ }I~,rLQ ~}~~iVtN~- ~~ p~PAenNri. 15. Do you plan on displaying any signs advertising your home occupation? If yes, attach a drawing of the proposed sign, including the size, materials, color and location of the sign. 110 ~ Ncr AY' i'~-{ + s 7-i rn e- A s tY, v ~v s jxsESS f s ~y ~ l'Po~atrW+~N~ i~~~-`!. 16. Are there any licenses or permits that are required from any government agencies to tegatly conduct this home occupation? If yes, list the licenses or permits below: Ne, 17. May the City inspect the property during the time this application is being c_ onsidered for approval? ~~5. 18. List any additional information concerning this home occupation that you believe is necessary for consideration of your application: 'r}-11`~ A~~u~~rJ F}PPl.IC+9'r"~o^j ~~i1S ~~vEZ7~~ ~ ~'c~-N ~ttttZWtANs i~r-l~ c~-U-tun~~, gl'l~rc~-rroN cvAS ~r~M~rr~; t~u~o~rr~ , r-~u ~ ~r~,~ EVE ~p1..iG ~i tSGU %~-~IVN oN ~sf Z(~1B~f f1 i I.~iICN ~ l~'~E /-~ ~L~L~L l,U~15 i~b~ oN£~ ~ SECON ©Et~ f~N1~ Pt95S~I~ By signing this application, l declare that !have read Chapter 10, Secfion 10.12 Subd. 2d of the Hastings City Ordinance, and That aIf of the information provided to the City of Hastings on this application, or as a part thereof, is true and accurate to the be my knowledge. 7 ~ Sign tore of A scant Date 9/28/04 .p 7D Z L7 fA -1 =~PY~9M 0 30D9, p.. J ~ r~ ~ ~~ ~ ~ f-'~ ~1 ti i ~ b itJ n `~ ~~®~ ,~~ ~ ~~ r k a.`'t~ ~ 5 c~,tf~~ -.~~ c C b~t~n J~ Etc- ~;~, >. L> ~ - ~ r Site Location Map Metalmorphosis Cycle 215 5th Street East 17 3191 1311 ~ 0 ~ ~01 I223I21Ig 15 ~ 300 314 402 318 316 308 300 224 216 210 320 1408 1406 1401 1400 1600 321 400 316 314 306 Site Location 323 307 301 219 215 209 510 314 515 320 308 300 ~ j 214 208 200 ~ (,~ 224 ~ Z 0 ~ p 0- W 321 315 311 303 608 320 215 320 314 308 300 224 222 200 300 117 111 308 314 320 410_ 412_ 114 108 420 115 515118 514 122 (106 520 111 105 602 120 612 101 4TH ST E 401 405 4110 408 407 115 121 5TH ST E 501 504 108 114 507 506 513 119 121 101 109 6TH ST E 601 114 120 613 ,,; .,' . ,~ s_. ,. ... ..:: , :~.. ~~ ~.. • 1:~. ;.:.:. '. ~ ~ ` i01 %~~ ..:-~~r~e#' Eas#;`a ~ t~i~igs, ~{fit~ .:: ~. .. j 5~l)33 -`_ " ~ ..'~ ..-'`;` "~°` ~`" -~ ~ ~ p. B51-484-2350 f_ 831-437-9654 www.ci.hastings.mn.us ~~r--- / ~~ ~/~~~~---° License Type Determiner ~~ p ~ ~ ~' - -tip ,~~ Circle ~~~ One Do you have any outside employees (who do not reside at the home}? Yes o Does more tha vehicle visit yo ass at a time? ~Q ~,t/ Yes o IUD I~~tBtr Do you use garage attached o detach or shed for your business? es No oNty ~ ~ - Gx+r~.~e ~r ~s'orta{ _~ otc~~i,( ~`~ If you answered yes to any of the above questions, you are required to obtain a Type II Home Occupation License from the City of Hastings prior to operation of the business. Please complete the enclosed questionnaire and application form, and return it to City Hall with the required application fes. If you answered no to all 3 questions, you are nat required fo obtain a license to operate the business from your home. Please fill out the lower portion of this form and return it to City HaG. [t wiU be kept on file, so should someone contact the City regarding your home occupation, we have a record of the business. Your business will not be inspected or contacted unless a complaint has been made. Should your business change or grow in such a way that you have outside employees, more than one vehicle visiting your business at a time, or need to use a garage or shed in the operation of your business, you must apply for a Type tl License. Please contact the Planning Department for the necessary forms. Name: M t ~ ~ilcD~SDY1 Business Name: ~ Address: Phor Fax: Erna. Sign. Date: v2 va -uT 1 CITE OF` HASTINGS ~ PL,ANNING DEPT. 101 4f~' St E., Hastings, MN 55033 ~ Phone:651.480.2350 ~ Fax:651.437.7082 Application for Home Occupation License Applicant: ~i cf'nAt E ~0.cobS~ -- ~^'ri~ l ep~~~ Business Name: 5 ~ Address: 5~lre~- City: `n State: A,t ~ . Zip: ~D33 Home Phone: Work Phone: (otZ-Z37- SSA q Email: 3 Fax: (051- X37- 031 ~ Property Owner (If different from above}: Address: City: State: Zip: - Home Phone: Work Phone: Email: Fax: Address of Proposed Home Occupation: Zt~ (1~1• ~ ~-:. ~a4-~. , IM1~. Legal Description: 7s+~i~r of {/us't~ik~s S~l~~ l -9R _ Ln-~ 3 ~-~- -rr- ~ v • PID: / k a 5' ,rv- ~.rku' - ZI/~-030-3~ Zoning Designation: .-2 Do you own or rent this property? ~ ~ w° If you do not own the property, you must attach written permission from the property owner to operate the business at that location. Please fill out this form and the attached questionnaire completely, and return it to the Planning Dept., along with the $250 application fee. The application review will not be scheduled for a Planning Commission meeting until al! required materials have been provided. By signing this application, I declare that l have read Chapter 10, Section 10.12 Subd. 2d of the Hastings City Ordinance, and that all of the information provided to the City of Hastings on this application, or asap t ther of, is true and accurate to the best of my knowledge. oS - ~/- Zr~a9 Signature Applicant Date 2 CITY OF' HASTINGS Planning Dept. ~ 101 4'" St E, Hastings MN 55033 ~ Phone 651.480.2350 ~ Fax 651.437.7082 Home Occupation Questionnaire If additional space is needed to adequately answer any of the following questions, answer on a separate sheet of paper. Please number your answer to correspond with the question. 1. Describe the proposed home occupation: 0 ~cpair ~ chc(e Pour-{s si'~~~x~ -~v vK~e i~ DccasS ~~ ~e p~~ ~ a-F ~~p l~-~. ~', ins 3 Bald ahc ~' a Ki'h~ ~ tn~-~ rnrf q~ ~ ( fo ~ ICe 2. Descrribel1 the(( character of the surrounding properties: ~tSide~-t~`A! Areq W ~a (fey t • 5 b (dc.k5 -~ra,M lo~~i„ess~s ~ -ire Dcp~-. QK;~-f~ I ~~f f y ~ t z-zd ~~ Ir t-Z -h~S per y~- Camw~~~-ta --~-;~y ~ Sa-E- n~9 ~ , 3. Of those who reside in the home, who will be employed in this home occupation and what will their duties be? Oh~Y Wi.~ S~~ C ~i Kr. ~ca6~5~- 4. Will there be any people employed in the home occupation who do not live in the home? If yes, describe the need far their employment, the number of employees, their duties, and their hours of employment. ~a ~ tdoy-'~ • 5. In what part of the home will the home occupation be Located? How wilt customers/employees access the area? h ~ y a~+a-~~G~c~ ~ a./a1e oaf v~~d y c~v~-~,~ ~.-I ~r~t ~y or~lY a-~ ,~~ say .i~s-f- Qa55ed ~1re ~s~e~l,`a~ ~5-<<-~R - 6. Will the home occupation be carried out in a garage, shed, or any other part of the property other than the home? If yes, describe what activities will take place in the garage/shed and/or what materials and in what quantity will be stored in the garage/shed: )reS . See ~l ~ `-~'jti i~ Po~.~ 2 ~ ~~Gc se - 3 7. What are the intended days and hours of this home occupation? 3~a y .S a wee !~ ~,~p,cK~r~_ y ~ way d~r -~l E~ ~~.~.-c .1 o b as~ ~7 ew+~ t ay~2 c . lv~~~-v ~ S~a.y $ .l 8. How many customers will visit your home occupation at any one time, on any given day during any given week? Ef none, skip to Question 10. Ati~ ~,~ a ~i~ e. . 9. Do you have off-street customer parking available at your home occupation? Attach a detailed drawing showing the location, capacity, type of parking surface, an/d~dimensions of parking area: >i~o . /~~ Y -~'t(a7~ ~irll/P~a-~ l~ W~ar,P `~+a..rl 2ftia~c~ ~. 10. Will the home occupation require or involve any equipment not normally found in the home? if yes, describe the equipment: . D~a 11. Will the home occupation involve the sale of merchandise over the counter that is produced off the property? if yes, describe the merchandise to be sold: I ~_ Yr5 . AwtS'ot~ o'~ ~ ct,+~cY ~i ~t~ ova p~ Stan a.~{ ~evra. 12. How long do you anticipate the home occupation will be operated at this address? (/~~~~~ ,~ ca,~ 9 rnul ea-aw. J ~ ~ a-~~ Q S Goa p rl~ ~ shk~ s ~ Dr, tew-a;h ~m~ u -~i~ ~e `~~o Dl~ ~ fe 13. Are there any interior or exterior alterations required far this home occupation? If yes, describe the interior and/or exterior alte rations required: ot~~ s~ ~- l l ~~'~ x ~ ~ `~ ~~~ l ~~ 5 ~ -~i.~.-~ w ~ s w~.~e 6y ~s « ~ slSh ~~-- .z~. ~'s ~.~-f I;5 ~~. 4 14. Will the home occupation produce glare, noise, odor, or vibration that will be noticeable outside the home? If yes, describe: ~CS • l~v n~vre y'?n~,y, ~y ~n,•c e ~Se w ~a or~n S a~ky f ~Rc ~f ~~r V'e ~G~e hn -~ /~ , ~oi5~ a.K aQ ~y~ ~ti'~ ~~se ~'?5 a~c~ay5 CaH~~~ eel ~s~~•e ~ s{~P 15. Do you plan on displaying any signs advertising your home occupation? If yes, attach a drawing of the proposed sign, including the size, materials, color and location of the sign. yes . ~Q ~ ~3 0~ ~~s a p®1;~~ ~ ~ W; ll &!~~' ,~~ oyr a cave pw~ ~ y~r r~~ w~f • 16. Are there any licenses or permits that are required from any government agencies to legally conduct this home occupation? if yes, list the licenses or permits below: ,~" awe Cer~,"-~-re~ T c~ ~ ~a2 -m~-f ~ ~ i7~sk r~aL 17. May the City inspect the property during the time this application is being considered for approval? ~r S. 18. List any additional information concerning this home occupation that you believe is necessary for consideration of your application: T w~~~ ~.~~~ uPs ~- ~ ~,~ s S~raU ~~ S ~~. Asa . ~,t,,a,(~ y~ By signing this application, I declare that I have read Chapter 70, Section 70.72 Subd. 2d of the Hastings City Qrdinance, and that all of the information provided to the City of Hastings on this application, or as a part thereof, is true and accurate to the best of my knowledge. 4 f -~/- p Signature Applicant Date 9/28/04 Kari Barker From: metalmorphosis@comcast.net Sent: Thursday, May 21, 2009 7:13 PM To: Kari Barker Subject: Re: Sign Example Kari, In answer to your inquiry: 1} Tunning an engine requires the engine to be running at the time and would resonably be considered to be the loudest aspect of motorcycle repair. This is the last step in the process of repairing broken motors and can only be accomplished within the first ten minutes from the time it is first started. Primarily, engine repair is cerebral and investigative in nature. For the most part, the engine must be cool to work on it and therefore cannot be running. Aside from that, the only other possible noise may come from the occasional use of a hammer, metal file or other common hand tools. 2} Parts repair does constitute the bulk of the work I do in my motorcycle shop. I occasionally have customers arrive on their motorcycles for an oil change, for example, which doesn't require the motor to be running at all, or deliver their motorcycles or parts either on a trailer or in a hox for repair. As far as work done aside from the motor, I do complete maintenance of brakes, steering, electrical, etc. I am certified to work on all aspects of a motorcycle. 3) As I have indicated to you previously, I would be happy to have you visit my shop. I can accomodate you on either day between the hours of 10:30 AM to 12:30 PM as I have to work my regular job in both the mornings and afternoons. ----- Original Message ----- From: "Kari Barker" <kbarker@ci.hastings.mn.us> To: metalmorphosis ~r comcast.net Sent: Thursday, May 21, 2009 3:24:33 PM GMT -06:00 Guadalajara /Mexico City / Monterrey Subject: RE: Sign Example Mike, Thank you for providing the information. I have a few more questions: 1) What is the loudest thing you do in the garage? 2} On the initial application, you stated you repair 12-20 bikes a year. However, it really sounds like the majority of what you do is the parts repairs. Can you clarify this? What type of work do you do on the bikes- engine work, breaks, etc,? 3} Could we stop by Friday or Tuesday and take a few pictures of the inside of the garage? Thanks again for your help. Kari Barker Associate Planner City of Hastings ~ 101 4th Street East ~ Hastings, MN 55033 j p. 651.4£30.2377 ~ f. 551.437.7082 I www.ci.hasting.mn.us -----Original Message----- From: metalmorphosis@comcast.net [mailto:metalmorphosis@comcast.net] Sent: Thursday, May 21, 2009 11:48 AM To: Kari Barker Subject: Fwd: Sign Example City of Hastings Planning Department: After reviewing a copy of the application for home occupation submitted by Mike 3acobson qus have c~orne ~ and I vvot~d k"rke to present tk~ern ~ you be€one the #~ianning Commtssron Meeting of May 25~' at City Half. • The application as submitted is incomplete according to the second paragraph on page one and improperly processed. ® `fie f~ar~t'~Iform ar~d flee - - ~,~ return rt t~v the P/arming taep~, a/ong with tfie $250 app/icai~ion free, The app~liratnor~ resew wil/netf~e ~dulfed f~o~ra Planning Caminis~vm n~eie!`img v~/a!/~qui~dn~aieriNLs/f~are,been pmvldf~ The tnee~tg is ed'°6efor~" the $250 app~i®n fee is r~eceiv~ed ^ Item 9 on Page 3 - No attached detailed drawing showing location, capacity, type of parking surface & dimensions of parking area ~trt 15 - kYo a~ached wing of #fte proposed sign, indt~ing the siae, materials, color, and location of the sign • UVhy was this application scheduled for a Planning Commission meeting when a`ll of the required materials have not been provided? • The previous 3 points prompts the following questions: o Item 1- "Describe the proposed home occcupation, n ^ The word "cycle & bike" is used. The words cycle and bike describes bicycle, tricycle, motorbike, and motorcycle. What type of "cycle" or" bike" repair & building is being done? o Item 5 - "How wi!/customers access the arrea?n Not answered. ^ Assuming access will be via the graveled alley, which is shared by 8 property owners concerns are for children and pets in the area and the dust/dirt generated by more traffic o Item 6 - "If Yes, describe whatmateria/s and in what quantity wi/I be stoned in the garage/shed, n Not answered ^ Assuming in the building and repair of bikes or cycles, there would be oil, gas, and other hazardous chemicals being used; concerned this is not mentioned, nor the plan for disposal of such hazardous chemicals. o Item 7 - "What arse the intended days and hours ofthis home occupation?'~ Assuming this is a difFcult question to answer because it would most likely depend on the customer demand, so no specific days of the week were mentioned. Hours of operation are not addressed at all. Concerned about how late or even how early in the day motorcycle noise will happen, if it is motorbike or motorcycles. If bicycle/tricycle repair, how much noise will it generate? What are the City's guidelines for noise? o Item 10 - "Wi//the home occupation require or invo/ve any equipment not norms//y found in the home9lf yes, describe the equipment, ° (The answer is "N~'~ If building any kind of new, original bike would it require use of equipment such as welder, power cut-off saw, air compressor/paint gun, grinders, etc o Item 14 - Wi//the home occupation pnvduce glare, noise, odor, or vibration ifiat wi//be noticeab/e oufside the home?Ifyes, describe: n (The answer is "Yes. No more than anyone else who owns any type of motor vehicle in town. Noise and anything else is always contained inside the shop.' The answer is confusing. If the noise and anything else is always contained inside the shop, why answer Yes? If no more than anyone else, who is it compared to? o Item 16 - "Acre there any /icenses or permits thatare required from any government agencies to /e~-a//y conduct this home occupation?°If yes, /ist /icenses or permits be%w° (The answer is "I hold state DBA, State License, and Federal License. I am a certified tech, hazmat, and insured.' These are required licenses? Then what are they and why are they required? Page 2 of 2 `~" C t 3 ~ 33 .~- r p f„J~rn S~ ~ +~ CDYC~~6'l ; • ~ ~tw,r~e ~usT d/6ZrNh u a Crl~'cC~ e`er f ~^~ ~ ~ OLc~'r'~T- ~ ~ C~~ ~ j~ ~-~ a ~`~~.~ y~v- ~eP ~ a c~ if l~ d a SiS ,~ ~~r~,h~ ~ br~~ ~~ ~ ~ ~jes , ~' ~Ia d J ora`~-fir a-~ tit ~ icG~ ate' r~r (e~ ~ c,~ e bQ -~,re 3-oa P< wt ., ~ S ~ ~ ~ ~~,~, r,~ a~~ ~L j~ ~ ..I.[~ !~ w~~l~ ~~ll ail ~~ ~~~ 872~P~ 1~'-~LcS71^, of l~r~~ Q'T ~ cu~Y ll G - rMe ~' ~' c~r~P Sly ~°~ vKi ~~cS ~G~,``- Qt-~ ~ 6 ~ 6"'ta ~ ~ C GCS - ~ y ~` ~ ~ ~~~ £ ~NtAr I~ ~AG~- ~X~~~P P ~ a s seer ~ ~ ~~~ ~~ ~ &c,~-l~v' ~ `fie ~ eC8-,~ ~ aye liv-; G ~ yt D ~ f/td,tf~( ~ i ~ ~ ~~~'t q o~~ p ~! e G~ 7`~ ~ ~''~' ~ ' -r~ ! S ~i G~. a J Gvti ~ sit t~-S ~ .20d Gtj ,- ~ ~1- ~r^ec~ `~ f vs ~~P r~1C. ~~- ~~ ,~ ~ ~a ~ o~'~~ C~ct, ~ ~ it,S ~ ~ 7 h ei r e~~ ~S G~'~ , Q ~ e ~~ r ~ ~~f- i5 iti~CE.I ei ~ ~N~~ ~ ~ ~ r~~~~ ~v~o~ c~i h ~~ c~ spy ~ ~~s~ ~ ~ . Y ~ a--~ ~~ ~ ~~ Q • ~ ~' ' ~u~o~ ; clPs ~ DY l~~"Ur ~~ ~?moo ~S~i~i~y ~- ~~~ , ~ P ~ ~ps~ ~ c_ v~~--'cl~~,~ e~ Cow ~~~ ~ , S r /2 a~~ at ~S ~ r Y~5 ~~~~ S W o~ ~d !o Sl'-~ ~. ~ iCa ~ a 6s ~ ~~'~r l ou c~ D ~ d ~~ ~"u ~ .- ~~ ~ ~ /I ~-.~ CET !~^.~ to Or4,2 ~ ~,,1~ -~vn ; /}~ . -# 3 ~e w r ~l ~ ~ ~ a ~ a ~~~ss r~ ~ l~~-r~,e ~ y way ~ ~ ~a ~ `~ b~o~ ~ ~ G~ ey • ~.~ y j;~~ as' l~_y vas ~y ~ i n ~{'ran7" or ,~'~' ar- i yl w` ~ ~J>''; rake Cam C~rr ~~ U' ~y . ~ ~ ~~ ~ // ~ruc ~C t y -~' a ~ e~r~w-~ l S~'~~e c ~~o~ p-~~ o~M i z ~ a~ i 1n~,~^•'f' ~ I ~ f ~ ~~- - p7 ~s ~ .. ~~~~ ~V~M ,~u~t~l ~a~~~~ irvsi~ ~ ~ 6i~G~E~r~ ~^_~ ~'~ /1~ev~~~y '7~r'k ~,'G/~~ ~ccoS's~~GL ~ Sa-~i/~6t--,yS~ I ~~ ~~ NCH ~~ ~ ~~ ~ ~e~~ s~ ~ ~.,~~~ ~-1~~~~ 9 ~,~ ~scs ~ ~a~ ~ ~ ~~ ~~c~ w~r~~, n eaV G'~^o~ a~ d i ~`~k fi~~ ~ lC p,V'i ode - ~a ~ Y ~ P r, ~XC~~~'t3L~ JN I~l-s`~'"lN~j ~ic-N ~~t2 d~DiA/~~ ~ `~;3'• ~ 3 a.~ ~ ru. ~es 7D.3 0 - /U~ w~or ~ ~, 6 ~'a~ a 1~.w~ w-©~~ o~ w~u j~ ex~~.ri~c~ ~~ y /Il ~~ ~~o ~'s PP.~~~ o~~ ~ -~~ ~o -boo ~~-f a~ aY -~' ~~~- Urn ~ la~f~ p~~ p~~y ~~ a v~Y ~ ~~ C C ~ ~~~ 5 ~~~ov~ ar~'t-~ ~ 7-~+~'' Derr vva oc~/or kip p~ ~~~' F ~ ~ B ~ ~ ~ ~ v~' c u r~~f ~ ~ ~~~5 b~c ~ 1 n~S~ ~a~ ~-- ~ ~~ ~~ ~ 5 d .~ Q~ .~ (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 he 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 incompliance 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 Inon-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. Afire 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 shat} 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. Type of inspection Mandatory 1 Complaint 2 Request 3 Follow-up 4 Discretionary 5 Site Visit 6 Enter No. CITY OF HASTINGS BUREAU OF FIRE PREVENTION 115 West .5th Street HASTINGS, MN 55033 651-480-6150 EXIT INTERVIEW Date,. ~r ~ ~ ~ ~ Time /~~ ;= p Name: t / ~ ~ Phone: fir , ..~,~ 1 r ~~. n ~ •-i'! l~l.¢'~( ~ l ~.. - ~ ~ / r !'? __ ? f~` ~-^{~/ i ? > -A' is ! i. if :'t~ '1.~ r .~i ~ '!: / ~' fir( /' -1 7 Address: _ ~~ t _ ~ - Owner of Premises: - In accordance with the provisions of City of Hastings Ordinance #93.01, which adopts the Minnesota State Fire Code, inspection of the above premises was completed and the following violations andlor deficiencies were noted requiring corrective action: Summary of violations, deficiencies and/or corrections. i _ 1 _ ~:'~ r' ri rxw r_~r ~ -;G ? ~ t• i%r~ ;r~:r.y •'~E { ~ ~ ', J 1 '~~ %~~ t~ `~C.~~ ~~. ~ j ~ J /f ~/ ,~~ ~~hG~-e' ~`. r ~ ~. ~ <-7.-. + ._._ ..a --- l~~c. ~,.'C) + ~ .,m :> - ~ t~ ~ -r"e`~! i~ ~'. _ ('..~ ~ i` ,d`C' l ~7. • l~r ~lj f'.'' '~. >f`.~;ir",i /+ ~+'CY' l~4 }.. I t // / ~ C" _- L ~~ - ~/ } +.,~ _v~ C ^ C_ ~ jr j~,r S ray [~ ~ / i!f!/`.r ~C_"°'+`a .•^~~~~-~~7'C... +~~t/"~ i ti ~t.J f ~~ ! I "" f r .< ~~. `~-~--1 s ~.- ,7 r ~ ;~! ~, „~, : NS-T~ -Signature indicates receipt of copy Fire~iUla~~hqalllRepr~e` nti~i:ive. ' °,, ~--+-- ,, * Own '~esent~#fve s~ /~r~ ~l~ ~ Ir I : ~ S.~J : ,t.. it ~ ~ ,~~,,•(..IF•, . / .r.' j , _ 'ri / ~ ~ >r ~ ~: i ; .^ ~ it ~ GDI No. 20342 6/20D7 i City of Hastings Planning Commission Minutes -May 26, 2009 Hastings Planning Commission May 26, 2009 Regular Meeting 7:00 p.m. Chair Schmitt called the meeting to order at 7:00 p.m. Roll Call Page 1 of 4 Commissioners Present: Bullington, McInnis, Peine, Schmitt, Stevens, Vaughn, Zeyen, Commissioners Absent: None Staff Present: Planning Director Hinzman, Associate Planner Barker 2. Approval of Minutes -May 1 I, 2009 Motion by Commissioner Stevens to approve the May 11, 2009, meeting minutes as presented. Seconded by Commissioner McInnis. Upon vote taken, Ayes 7, Nays 0. Motion carried. PUBLIC HEARINGS Bruce Jorgenson -Minor Subdivision #2009-12 -Create one new single family lot - 16xx Tierney Drive. Planning Director Hinzman provided the staff report. Commissioner Vaughn arrived at 7:02. Chair Schmitt opened the public hearing at 7:04. No members from the public spoke to the issue. Chair Schmitt closed the public hearing at 7:04. Commissioner Stevens inquired if the outlined structure on the plat was the proposed structure. Planning Director Hinzman stated that the grading, lot type, and property corners would be maintained. Chair Schmitt asked if the legal description was still part of the lot and block as it was lot 3. Planning Director Hinzman stated that the legal was complicated, but it would still follow the same lot and block. Motion by Commissioner Zeyen to recommend approval of the Minor Subdivision #2009-12 to the City Council with the five recommendations of the staff report. Seconded by Commissioner Bullington. Upon vote taken, Ayes 7, Nays 0. Motion carried. City of Hastings Planning Commission Minutes -May 26, 2009 Page 2 of 4 OTHER ACTIONS 4. Mike Jacobson -Type II Home Occupation Permit #2009-13 -Operation of a home business in an accessory structure - 215 5th Street W. Associate Planner Barker provided the staff report. Jim D'Agostino, resident of 209 5th Street West, spoke to the issue. He stated that he has no issue with the Home Occupation, but would prefer different hours. He recommended 8 am - 8 pm on weekdays, 8 am - 10 pm on Saturdays, and closed on Sunday. Bil} Sylvander, resident of 200 6th Street West, spoke to the issue. He stated he did not object to the Home Occupation- Mr. Sylvander objects with City Staff's processing of the application and believes the applicant has not been consistent in answering questions related to the Home Occupation. Jason Sachs, resident of 510 Eddy Street, stated he did not have any problems with the business, but was concerned about increased traffic, dust, and noise in the alley. Mike Jacobson, applicant, stated that he understood the traffic was a big issue. As his customers come by appointment only, 3acobson stated he can tell them to come in a certain entrance of the alley and to slow down due to children and dogs. Noah Wallace, resident of 208 6th Street West, stated that the condition pertaining to the garage door being closed at all times need to be reevaluated as it appears to be an unreasonable condition. Fumes and exhaust from conducting the business could be hazardous. Jacobson, applicant, concurred that this condition may be a serious hazard to his health. Mr. Sylvander inquired if Planning Director Hinzman was satisfied with the requirement for a drawing of the parking on the site. Planning Director Hinzman asked Mr. Jacobson to point out the location of customer parking on the property. Mr. Jacobson indicated customer parking would be accommodated via the alley driveway. Commissioner Stevens stated that there was some confusion on some items in the application that were clarified at the meeting by the applicant. Commissioner Stevens stated that a large part of the home occupation operation comes down to being a good neighbor. He stated his concerns with the condition that the garage door remains closed at all times. Planning Director Hinzman stated that there are noise limits in the ordinance and that the noise ordinance refers to disturbing the peace. He stated that the proposed hours of operation were taken directly from the noise ordinance. In addition, Planning Director Hinzman stated that Type I1 Home Occupations are issued as a provisional license during the first year; the permit may be revoked by the City Council during that time if required conditions and ordinances are not being followed. City of Hastings Planning Commission Minutes -May 26, 2009 Page 3 of 4 Commissioner Stevens stated that the applicant may want to look into mechanical ventilation, but the noise issue refers back to being a good neighbor. Chair Schmitt read the seven conditions for permit approval. Commissioner Stevens stated he would like to strike the fourth condition relating to having the garage door shut at all times. Chair Schmitt concurred, but stated that was up to the person who makes the motion. Commissioner Bullington inquired how long the engine is running for testing. Mr. Jacobson stated he has a high velocity fan and that the engine is run for 5-10 minutes. If the problem is not fixed, the engine is cooled down for an hour and then the engine is run for another 5-10 minutes. Mr. Wallace added that cycling tuning is done at idle speed. Commissioner Bullington inquired if there were any neighbors directly next door to the business present, and if they were acceptable with the Home Occupation. The resident of 209 Sa' Street West stated he was a direct neighbor and that he was okay with the business. Ann Sylvander, resident of 200 6~' Street West, commented that the business has been operational since November and there have not been any complaints. Mr. Jacobson reminded people that he lived at the home and that he desired to be a good neighbor. Chair Schmitt stated that the hours were consistent with the ordinance and that he did not want to restrict the hours any different or further from the ordinance. Motion by Commissioner Zeyen to recommend approval of the Type II Home Occupation Permit #2009-13 to the City Council with six recommendations of the staff report, striking the fourth condition pertaining to the garage door being closed at all times. Seconded by Commissioner Peine. Upon vote taken, Ayes 7, Nays 0. Motion carried. 5. Other Business Planning Director Hinzman updated the Commission on past City Council actions and informed them of upcoming items. 6. Adjournment Motion by Zeyen to adjourn the May 26, 2009, Planning Commission meeting. Seconded by Peine. Upon vote taken, Ayes 7, Nays 0. Motion carried. The meeting was adjourned at 7:48 p.m. Neit Planning Commission Meeting -Monday, June 8, 2009 City of Hastings Planning Commission Minutes -May 26, 2009 Page 4 of 4 Respectfully submitted, Kari Barker, Associate Planner Recording Secretary