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10.1 SR 06-20-2023Request for Action To Item Number Ma ror and Cinr Council 10.1 Agenda Section Meeting Date Prepared by Work Session June 20, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by Home Occupations Zack Carlton, Communi r Develo ment Director Reviewed by Cal Pormer, Ci r Administrator Action Requested Provide staff direction on the home occupation amendment. Background/Discussion To address issues staff continues to have with home occupations, four work sessions `vith the Planning Commission `vere held. The main topics of discussion `vere `vhen there is the need for professional design services and should home occupation occur in accessoryT structures. The term "architect" `vill be used for various licensed pYofessionals outlined in MN Stat �326.03, subd. 1 Home occupations occurring in a dwelling unit (house) do not require an architect, but an architect would be required for occupations in accessoryT structures. The exception to this would be if the o`vner is the sole user of the space and it is under a certain squaYe footage. Once the structure exceeds a ceYtain square footage or any number of customers, employTees, or patrons are introduced, an architect is required. Even if a structure does not require an architect, it still must meet all applicable commercial building, electYical, plumbing, mechanical, and fire codes. r1n architect is just one piece of the project process. This `vas considered when the commission `vere evaluating accessory structures. The follo`ving key components are recommended byT the Planning Commission to be updated in the home occupation ordinance: Hours of O�eration ■ Making these a set time (7 a.m. — 7 p.m.) that cannot be negotiated, as a neighboring business should not detrimentally affect the use and enjoyment of neighbors outside using their pYopeYtyr in the evenings. Prohibited Uses MotoY vehicle Yepairs — This use has been challenging foY the past few years mostly because it occurs in residential outbuildings that were not built to commercial standards, and they also have the presence of outdoor storage of vehicles. Motor vehicle repairs `vere introduced as conditional use in the 2019 ordinance update, prior to that, the use was prohibited. Occupations in accessor�r structures — The commission determined that allowing home occupations in an accessoryT structure creates many frustrations for the neighboring residents as well as difficulties for the applicant. For the applicant, architectural/engineering services likely would be required and recent applicants have indicated struggles finding architects to do such a small project and the costs associated The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 ���� Update�l• January 2023 with it Historicallyr, manyr of the home occupation permits weYe in e�sting accessoryr structures not set up for commeYcial uses. Outdoor Storage — This use is more typical of larger operations that likelyT should be in industrial locations. Interim Use Permits ■ An�T occupation that does not meet the permitted requirements would be reviewed through the NP process. The intent of the NP is to evaluate, after a set amount of time, the impact a permitted home occupation is having on the neighborhood or the cit�T. In contrast, once a CUP is approved, it runs `vith the propernT in perpetuity. A ne`v IUP mayT be applied for after the original IUP has terminated. Staff also did some reorganizing of information, removed some redundancies, and added/modified regulations. A couple of things looked at since the last commission work session: ■ The reduction in the gross vehicle weight of delivery- trucks. This is proposed to remove the abilityT for semi (tractor trailer) deliveries. ■ A section pertaining to valid pree�sting businesses, recognizing these mayT e�st `vithout proper approvals and thus providing a mechanism for the use to possibly continue. The main goal of this amendment is to maintain livable neighborhoods and protect the qualityr of residential life, protect the appearance of the neighborhood, and protect residents' investment in their residential properties. ByT limiting home occupations to on1�T the home, the commission believes these goals can more like1�T be obtained. Staff revie`ved 12 neighboring communities and 10 of the communities allow home occupations to be conducted on1�T in the home. Princeton and Ramse�T allow them in detached accessoryT structures with Princeton not allo`ving more than 625 square feet. A secondaryr goal is to limit the outreach to elected officials by Yemoving the frustrations (time, costs, and upgrades) the propertyT owner will face when an architect/engineer is required for their business to operate in an accessoryT structure. Also, improvements may be in the ground, under concrete floors, and behind `valls that do not meet commeYcial code Yequirements, and this is difficult foY the building depaYtment to inspect/approve, shoYt of having the owner demolishing the area(s) of concern. Financial Impact None Mission/Policy/Goal ■ Maintain livable neighborhoods ■ Protect the qualityT of residential life ■ Protect the appearance of the neighborhood ■ Protect residents' investment in their residential properties Attachments ■ None Back rou nd g ■ Four work sessions with PC ' 1Vlain tOpiCs ■ Architect? ■ Allow in accessory structures? Professional Desi n Services g ■ In the house — No architect ■ In accessory structures — Architect required ■ Exceptions: ■ Sole User ■ Structure Size ■ No architect does not equal no commercial codes Ke Com onents to beAmended y p ■ Hours of operation: ■ 7 a.m. — 7 p.m. ■ Neighbors should not hear business in the evenings Ke Com onents to beAmended y p ■ Prohibitive Uses: ■ Motor vehicle repairs ■ Has been challenging ■ Not built to commercial standards ■ Introduced in 2019 ■ Prohibited prior ■ In Accessory Structures ■ Creates many frustrations for public & applicant ■ Architects (cost and finding one) ■ Outdoor Storage ■ Should be in industrial or business park Ke Com onents to beAmended y p ■ Interim Use Permits ■ If does not meet the permitted requirements ■ IUP - for set time ■ Business can be evaluated ■ CUP runs with property Si nce Last PC Work Session ■ Reduction in the gross vehicle weight of delivery trucks ■ No semi deliveries ■ Valid preexisting businesses ■ Recognize they likely exist G oal s ■ Maintain livable neighborhoods and protect: ■ The quality of residential life ■ The appearance of the neighborhood ■ Residents' investment in their residential properties ■ By limiting home occupations to only the home, the commission believes these goals can more likely be obtained G oal s ■ Limit the outreach to elected officials ■ Removing the frustrations (time, costs, and upgrades) the property owner will face when an architect/engineer is required Action Re uested q ■ Provide staff direction on the home occupation amendment