6.12. SR 05-17-2004MEMORANDUM
Item # 6.12.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Chris Leeseberg, Planner
May 17, 2004
Case No. CU 04-07
Joseph Brandenburg - Conditional Use Permit Request for a
Home Occupation (Distribution of Aftermarket Automotive
Cruise Controls)
Request
Joseph Brandenburg requests a Conditional Use Permit for a Home Occupation
(Distribution of Aftermarket Automotive Cruise Controls)
60-Day Rule
To comply with the 60 day rule, without an extension, this item needs action by May 23,
2004.
Location
18629 Sim0net Drive
Lot-17 Best Point on Lake Orono
Attachments
· Location Map
· Applicant's Letter
· Home Occupation Standards
· Aerial Photo
· Site Plan
Zoning/Land Use
Rlc, Single Family Residential / MR, Medium Density Residential
City Council / CU 04-07
May 17, 2004
Page 2
Existing Conditions
The subject property is approximately 1.4-acres with .79-acres of that located in the lake.
Located on the ske are a single family home and a small out building. The out building will
be removed and if the request is approved, a 28 x 40 (1120 sqft) three car detached garage
will be erected with one third of the garage to be utilized as the office for the home
occupation. The applicant will be allowed only 1,200 sqft of attached and detached
accessory structure and will have to comply with the shoreland setback of 50-feet from the
ordinary high water mark.
Analysis
The applicant has provided a letter addressing the eleven criteria needed for a permitted
home occupation. It is the desire of the applicant to operate a business for the Distribution
of Aftermarket Automotive Cruise Controls out of a detached garage. To do so, the
applicant is applying for a Conditional Use Permit to operate a home occupation because, as
indicated in Number 1 of the Home Occupation Standards, "The occupation shall be carried on
entirelj mithin the dwelling unit or attached garage, except that light construction contractors mqy use detached
accessory structures which would normally be allowed under the provisions of this article for storage. If the
home occupation is camed on in the garage, the minimum amount of required garage ~)ace shall be
maintained." The business will be run out of a portion of the detached three car garage.
The number of employees that will be one fulltime employee (the applicant) and the hours
of operation will be 8:00 a.m. to 4:00 p.m. The delivery of product will be via UPS or
FedEx.
Planning Commission Actions
Three residents spoke regarding their concern for the increase in traffic from this business.
The applicant clarified that only one UPS truck arrives to the site to pick up the shipment.
The cruise controls are brought to the property in bulk by the applicant in his personal
vehicle and then the parts are individually packaged and shipped out to the customer via the
UPS truck.
The Planning Commission unanimously recommended approval of the request.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the request
for a conditional use permit for a Home Occupation (Distribution of Aftermarket
Automotive Cruise Controls) with the following conditions:
THERE SHALL NOT BE MORE THAN TWO EMPLOYEES. IF
ADDITIONAL EMPLOYEES TO BE ADDED, THE APPLICANT SHALL
APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE
PERMIT.
S:\PLANNING\Case Files\2004\CU 04-07 Brandenburg\CU04-07_CC.DOC
SITE
ORONO
CEMETERY
River
Case Number:
Location Map
CU 04-07 JOSEPH BRANDENBURG
N
PERMITTED HOME OCCUPATION CRITERIA
Joseph Brandenburg
18629 Simonet Drive
Elk River, MN 55330
1. A 32x36 garage is to be constructed on the property to house this business. Only
1/3 of it will be used for the business.
2. There will be no signage put up for this business.
3. This will be a 3 Stall garage with 1 stall being used to house the business.
4. There will only be one fulltime employee and that is myself.
5. There will be no pupils.
6. There will be no signage or advertisement.
7. Shipments will all be done by UPS or Fed Ex
8. Hours of operation will be between 8:00 am until 4:00 pm
9. There will be no customer Pickups.
10. All product is ordered by phone or email
11. There will be no repair of combustion engines.
§ 20-801 ELK RrVER CODE
sexually oriented land uses, gun repair
and/or sales, or other objectionable uses
as determined by the city council.
(c) Pernzitted home occupatioas. Permitted home
occupation permits shall be issued subject to the
conditions of this section, other applicable city
ordinances and state law. A permit for a permitted
home occupation may be issued by the city based
upon proof of compliance with the provisions of
this section. Application for the permitted home
occupation permit shall be accompanied by a fee
as adopted by resolution of the city council. If the
city denies a permitted home occupation permit to
an applicant, the applicant may appeal the deci-
s{0n pursuant to the provisions of subdivision II of
division 2 of this article. Permitted home occupa-
tions are subject to the following criteria:
(i)
The occupation shall be carried on en-
tirely within the dwelling unit or attached
garage, except that light construction con-
tractors may use detached accessory struc-
tures which would normally be allowed
under the provisions of this article for
storage. If the home occupation is carried
on in the ~arage, the minimum amount of
required garage space shall be main-
tained.
(2)
There shall be no exterior evidence of the
home occupation such as displays or exte-
rior storage of business equipment, mate-
rials, merchandise, inventory or heavy
equipment.
(3)
-~o permitted home occupation shall re-
quire internal or external construction
features not Customarily found in dwell-
ings.
(4)
A ma,~-num of one full-time employee, or
equivalent, other than those persons who
customarily reside on the premises shall
'be employed. This provision shall not ap-
ply to dwellings where the permitted home
occupation is a meeting place for employ-
ees and the work is done off-premises.
(51)
Permitted home occupations involving
teaching shall not exceed two pupils at a
time.
(6) Any sign or visible advertisements shall
not exceed two square feet in area and
shall be mounted fiat on the outside wall
of the dwelling.
(?) ~-o permitted home oc.cupation shall be
serviced by delivery vehicles larger than
26,000 pounds ~oss vehicle weight.
($) 1~'o home occupation shall have outside
employees and/or customers between the
hours of 10:00 p.m. and ?:00 a.m.
Supp. Nc.~. ~ CD30:94