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The property is zoned R1a where Home Occupations within an Accessory Structure require a <br />Conditional Use Permit (CUP). <br /> <br />The applicant is seeking a CUP to operate a motor vehicle repair shop in an existing 2,560 sq. ft. detached <br />accessory structure (shop) on the subject property (14115 Ranch Rd. NW). Motor vehicle repairs outside <br />of the Urban Service District are allowed as a Home Occupation in residential districts. <br /> <br />Planning Commission <br />A commissioner asked what prevents this business from growing and turning into a junkyard. Staff indicated <br />junkyards are regulated separately and it would be addressed through different means if necessary. Since the <br />meeting, staff has asked the applicant for a site plan showing where the fence will be installed. This <br />document will regulate how many vehicles can be stored on site. If the applicant wanted to make this area <br />larger in the future, they would need to amend their CUP. <br /> <br />During the meeting, the only condition the applicant had an issue with was the concrete curb and gutter <br />condition. The commission agreed it was not needed and recommended it be removed. Staff maintained the <br />condition in the recommendation as the City Council needs to grant an exemption to the requirement. The <br />Council may grant the exemption if installing concrete curb and gutter presents a hardship due to the <br />uniqueness of the business or other conditions. <br /> <br />Building/Fire Codes and Permits for Home Occupations <br />Staff seeks Council direction on how to fairly treat home occupations versus commercial businesses, as well <br />as what level of building/fire code enforcement city staff should apply to home occupations. <br /> <br />The building code and city ordinance state a home occupation in a residential district needs to follow all the <br />same building/fire codes and regulations a commercial business needs to in a commercial zone. <br /> <br />Section 30-83 (c)(1) states: With each application for a building permit, and when required by the building official for <br />enforcement of any provisions of this article, two sets of plans and specifications shall be submitted… <br /> <br />Section 30-83 (c)(2) states: All plans and specifications, except for single-family dwellings, or any other buildings exempted <br />by Minnesota Statute or the Minnesota State Building Code, shall be prepared and signed by a registered architect or a registered <br />professional engineer duly qualified by registration as required by Minn. Stats. § 326.02. <br /> <br />This indicates all building permits, except for single family dwellings, need to have plans signed by a <br />registered architect or register professional engineer. This then requires the building to meet all applicable <br />building/fire codes and subsequent inspections and enforcement. <br /> <br />Financial Impact <br />None <br /> <br />Statutory Review Period <br />Per State Statute §15.99, the required 60-day review period ends on March 23, 2020. <br /> <br />Attachments <br /> Planning Commission Memo dated March 10, 2020 <br /> Site Plan dated March 12, 2020 <br />