4.1. PCSR 10-25-2022 - Laserfiche WebLink

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8. Products shall not be loaded/unloaded in the right-of-way or on the public street. 9. Employees shall not park in the right-of-way or on the public street. 10. All openings to the accessory structure be closed when the business is in operation, except to move vehicles in and out of the garage. 11. All outdoor storage must occur in the fenced-in area with no product higher than the top of the fence. 12. City-approved turf be established by June 1, 2023, in the right-of-way areas outside of the driveway width. 13. All rules and regulations set by EPA/MDH for protecting ground water supply including proper disposal of automotive chemicals, fluids, and lubricants need to be followed. Background/Discussion The property is zoned R1-a where home occupations being run out of an accessory structure or have outdoor storage require a Conditional Use Permit (CUP). The applicant is seeking a CUP for both uses to allow continued operation of a salvage yard from their property, garage, and basement. A salvage yard is defined as land or buildings where products resulting from the wrecking of vehicles or other machinery are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled. The outdoor storage of two or more inoperative motor vehicles shall also be considered a junkyard. The applicant is currently operating an online auto parts business where they store vehicles outside, dismantle the cars in the garage, and store the parts in their basement. They regularly ship products and have different carriers to their home for pick up. They utilize a small forklift for loading and unloading products. Body shops are listed as prohibited activities in the home occupation Section 30-801 while salvage yards are not specifically listed. The ordinance does not define what a body shop is but according to Merriam-Webster it is a shop where automotive bodies are made or repaired. The hours of operation are Monday thru Friday, 8:00 a.m. – 5:00 p.m. There are three employees including the applicant. The applicant states their outside storage consists of two enclosed trailers, where one is parked on the driveway, and one is parked on asphalt millings. There is documentation that they also store wrecked vehicles on site. This is the first home occupation the city has reviewed for an auto-related business that operates in an attached garage as well as within part of the residential house. If approved, there will be significant design/construction requirements to provide area separation between the commercial use areas (garage and basement) from the residential use areas (remainder of the house). The building code and city ordinance states a home occupation in a residential district needs to follow all the same building, electrical, plumbing, and fire codes and regulations a commercial business does. An architect will be required to identify the requirements needed to separate the two uses. The garage has two vehicle lifts which, for personal use, do not require any type of permit but will need to be reviewed through the commercial architectural review process for compliance. Restrictive Covenant Declaration Through the public hearing process, staff were made aware of, and provided, a restrictive covenant declaration on the development. It states in the additional restrictions; rules and regulations section: No lot shall be used except for residential purposes and no noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.