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Planning Commission Page 3 <br /> March 26,2019 <br /> • a home occupation located in a residential district and didn't feel the neighboring <br /> P � g <br /> residents should be burdened with policing potential noise issues. <br /> Commissioner Jordan stated he spoke to Mr. Carlton before the meeting to express <br /> his concerns regarding this item. He indicated he was livid as he read the noise <br /> mitigation paragraph and felt it was written too broadly. He commented the way it's <br /> written,it would affect his wife,who works from home once a month for an <br /> insurance company,thereby preventing her from having her window open to enjoy a <br /> spring day. He stated their neighbor,who also works from home,prefers to have his <br /> window open but can't with the way this ordinance was written. He stated it's their <br /> constitutional right to allow windows to be open and said if someone wants to work <br /> from home and type and make phone calls,the city doesn't have the right to regulate <br /> that. He stated if a next-door neighbor has a buzz saw in the garage and operates it <br /> all day, then there's a problem. He stated his conversation with Mr. Carlton <br /> discussed disallowing mechanical devices and would require a CUP. He asked that <br /> staff look at ordinance language from similar cities like Anoka and Andover, or other <br /> cities similar to Elk River,and contact the League of Minnesota Cities, for their <br /> ordinance language and to prevent Elk River from going too extreme in our language <br /> and go against the intent of the ordinance. <br /> Commissioner Rydberg concurred and says the way the ordinance is currently <br /> • written,it's too broad by trying to cover every type of scenario and creates more <br /> problems than solves. He suggested narrowing down the language to more of a noise <br /> type of business in a small residential lot setting and asked staff to look at taking a <br /> narrower focus of this ordinance. <br /> Commissioner Thiel asked for the definition of home occupation and wondered if a <br /> person working from home one day a week or full time from home would require a <br /> home occupation permit. He stated he didn't feel teleworkers shouldn't fall under <br /> the definition and requirements of home occupation. <br /> Co-Chair Larson-Vito asked why the ordinance has to specify windows. She stated <br /> any home occupation that would create a nuisance noise is already listed in the <br /> ordinance under prohibited activities. <br /> Commissioner Beise stated with his previous law enforcement experience, <br /> sometimes it's easier to put safeguards in place in order to mitigate a problem,noting <br /> that trying to determine if something is loud or making a vibration is difficult for city <br /> officials to determine. <br /> Commissioner Jordan stated government shouldn't have a role in telling residents <br /> they need to have all windows and doors closed,which is why he would like wisdom <br /> from other cities for input. He questioned defining business noise versus general <br /> noise. He stated he wouldn't support this as it stands. <br /> • Mr.Leeseberg read the definition of home occupation. He provided an example <br /> stating a residence is a home first with a secondary use of incidental and secondary <br /> use as an office. <br /> rorEOEe <br /> NATUREI <br />