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6.5. SR 01-20-2004City of~~' Item # TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Scott Harlicker, Senior Planne ~' January 20, 2004 Case No. CU 03-33 Request by Robert Erbstoesser for Conditional Use Permit for Home Occupation 6.5 . Request Consider a request by Robert Erbstoesser for a conditional use permit to operate a cabinet business as a home occupation 60 Day Rule To comply with the 60-day rule, without an extension, this item needs action byJanuary 23, 2003. Location 11796 191~ Avenue, Lot 2, Block 2, Schoolview 1~ Addition Zoning/Land Use Rlc (Single Family Residential) / MR (Medium Density Residential) Attachments · Location map · Site plan · Letter from applicant Memo to Mayor and City Council/CU 03-33 January 20, 2004 Page 2 Overview In April, 1992 the applicant's father was granted a conditional use permit to allow a home occupation consisting of construction of small wood craft items for sale at craft shows and consignment stores. This business was operated for 8 years until the applicant purchased the property in 2000 and expanded the business into cabinet building. Earlier this year, on September 25th, the applicant was granted a conditional use permit to operate a hair salon business as a home occupation. This business is being conducted out of the house. Cabinet Business The applicant requires a conditional use permit for this home occupation because it is being operated in a detached garage and he has more than one full time employee that does not reside at the residence. The cabinet business is being operated out of a detached garage located in the back yard. The applicant has materials delivered by straight truck every 30 to 60 days and the cabinets are taken to the job site by the applicant. The applicant has 2 employees who do not reside at this address. The business is conducted during normal business hours and all cars associated with the business can be parked on site. Planning Commission Meeting At the Planning Commission meeting held on December 16~h two neighbors spoke at the public hearing. The neighbor from across the street spoke against the conditional use permit. He felt that the use inappropriate for this location. He also questioned how the sawdust was disposed and how finishes and sealants were handled. The applicant stated that the sawdust and scrap went to the Elk River Landfill and he did not do any finishing on site. The neighbor also asked that the property be inspected by the fire department. The neighbor to the west spoke in favor of the conditional use permit. He said that the shop was quiet and did not adversely impact the neighborhood. One commissioner asked about noise. The applicant explained that the shop was insulated and air-conditioned so that the doors could be kept shut. Recommendation The Planning Commission and staff recommend that the City Council approve the conditional use permit to operate a cabinet business as a home occupation with the following condition: 1. The shop shall subject to annual inspections by the Fire Chief. S:KPLANNING\Case Files\2003\CU 03-33 Erbstoesser\CU03-33CC1-20.doc RIDGEWOOD PARK SALK JUNIOR HIGH SCHOOL q VANDENBERG JUNIOR HIGH SCHOOL SCHOOL ELK RVER HIGH SCHOOL STREET _ION'S PARK ?/ SITE ADDISON i,i i,i PARKER ELEMENTRY SCHOOL LINCOLN ELEMEh SCHC 6T~ ST. RIVER RIVER Case Number: Location Map CU 0343 ROBERT ERBSTOESSER N il