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Text from recent CUP’s reviewed by the Planning Commission and City Council <br /> <br />Racin’ Repair – Jason Ryan – 14115 Ranch Rd. NW (2020) <br />Planning Commission <br />While this application is a Home Occupation in a residential zone, the use operates no differently <br />than a commercial business in a commercial zone. The building code does not differentiate between <br />a business operating with only one person (the owner) versus multiple employees working in the <br />space. <br /> <br />If a single-family-zoned parcel has a cabinet making home occupation, should it follow all building <br />codes and regulations a commercial cabinet making business does in a commercial zone? The <br />building code would state yes. <br /> <br />City staff has struggled with how to interpret this regarding approved conditional home occupations. <br />Does the structure need to be designed by a licensed architect, per ordinance, to ensure all building <br />codes and regulations are met to protect employee(s) and customers; does it need to meet ADA <br />compliance for access and restrooms; does it need a fire suppression system; how are <br />hazardous/flammable materials stored and disposed of; or should Home Occupations be exempt <br />from the building and fire codes? This criterion (#7) for approval of a CUP says: Will fully comply with <br />all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or <br />permit to establish and operate the proposed use in the city. <br /> <br />Staff understands treating a Home Occupation like a “regular business” has additional financial and <br />time encumbrances, but staff also understands other “regular businesses” need to endure these <br />financial and time encumbrances to operate. <br /> <br />As the City Council often approves the following condition on a CUP, “the building shall be <br />inspected by the city’s Building Official and Fire Marshal to verify compliance with all building and <br />fire codes…”, staff is seeking direction from the Planning Commission and City Council on how to <br />fairly treat a home occupation. <br /> <br />City Council <br />Staff seeks Council direction on how to fairly treat home occupations versus commercial businesses, as <br />well 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 <br />the 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 <br />exempted by Minnesota Statute or the Minnesota State Building Code, shall be prepared and signed by a registered <br />architect or a registered 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 <br />applicable building/fire codes and subsequent inspections and enforcement.