9.3 SR 04-20-2020Request for Action
To
Item Number
Mayor and City Council
9.3
Agenda Section
Meeting Date
Prepared by
Work Session
Aril 20, 2020
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Building Code for Home Based Commercial in
Zack Carlton, Planning Manager
Residential Areas
Bob Ru recht, Building Official
Reviewed by
Cal Portner, City Administrator
Action Requested
Provide direction regarding inspections and enforcement of home occupations, permitted or conditional, as
they relate to the state building and fire codes.
Background
The city ordinance states all building permits, except for single family dwellings, need to have plans prepared
and signed by a registered architect or register professional engineer. This requires the structure to meet all
applicable building/fire codes and subsequent inspections and enforcement.
Section 30-83 (c) (1) states: 1Vith each application for a buildingper�nit, and when required by the building of vial for
enforcement of any provisions of this article, two sets of plans and sped cations shall be submitted...
Section 30-83 (c) (2) states: All plans and speci Lications, except for single family dwellings, or any other buildings exempted
by Minnesota Statute or the Minnesota State Building Code, shall be prepared and signed by a registered architect or a registered
professional eng&neei duly qualified by registration as required by Minn. Stats. g 326.02.
Regarding approval of a Conditional Use Permit, Section 30-654 (a) (7) states: LVill fully comply with all other
requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to
establish and operate the proposed use in the city.
The building code does not differentiate between:
A business operating in a residential zone versus one in a commercial zone.
One person (the owner) operating in the structure versus multiple employees operating in the
structure.
■ Less intense versus more intense uses, in terms of requiring plans.
The City Council typically approves the following condition with all CUP's, "the building shall be
inspected by the city's building official and fire marshal to verify compliance with all building and fire
codes..."
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Building and fire codes provide for the safety of employees, customers, and anyone entering a structure,
regardless of where it is in the city. Different occupancy types also have different standards to ensure the
safety of anyone that may enter the building.
During the last home occupation CUP review, staff raised the question of treating commercial uses
(home occupations) in a residential district the same as those within a commercial area regardless of
additional financial or time encumbrances. The applicant stated he would like to get into a commercial
space as he grows but stated it is expensive. This is, in part, due to the requirements of commercial
businesses to provide signed architectural and engineering plans, and to meet all state mandated
requirements for a commercial space.
Should the same commercial use be subjected to a less rigorous review and approval process because it is
in a residential district and operated as a "home occupation" rather than in a commercially zoned area?
Financial Impact
None
Attachments
■ None