10.1. PCSR 03-28-2023 - Laserfiche WebLink

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efficiency. Architects must have a thorough understanding of local, state, and national building codes, and how they apply to the applicant’s project to ensure the safety and wellbeing of the people who will use the structures. Building inspectors are responsible for enforcing building codes and regulations to ensure that buildings are safe, healthy, and structurally sound. They review architectural plans and inspect buildings during construction to ensure compliance with codes and regulations outlined by the architect. While building inspectors may provide feedback on structure designs to ensure compliance with codes and regulations, it is not their role to design. The relationship of an architect with the city is one where they coordinate with city code officials to ensure their client’s design meets all code requirements. Comprehensive Plan and Land Use The comprehensive plan and land uses are established to guide the development of properties in logical systematic ways. For residential land uses, the goal is to create livable neighborhoods and to protect against land use conflicts with activities that may be detrimental to people that have invested in their residential property while not expecting a business in their neighborhood. Commercial uses, for the most part, are not appropriate in residential neighborhoods as they can create a variety of negative impacts on the neighborhood. Some of these impacts may include increased traffic, noise, pollution, and reduced property values. Additionally, commercial activities may disrupt the peace and quiet of residential areas and could potentially lead to safety concerns or other issues. Our ordinance does not allow for residential uses to be within commercial zones, so should commercial uses be allowed within residential zones? Is the city’s goal of home occupations to allow individuals to work from within their home or is to utilize the property in a manner that possibly allows undesirable businesses/activities/aesthetics into a residential area? Recent CUP History During the February 28, 2023, work session, the commission questioned if this was something new and if it had been addressed with recent CUP’s reviewed by the city. Attached are various excerpts of text from home occupation CUP staff reports from the past three years. Existing Businesses While there are undoubtedly legitimate existing home occupation businesses in the community the city is unaware of, the goal would be to work with them to continue allowing them to operate. If the direction is to limit home occupations to within the house, staff then would recommend allowing businesses occurring in accessory structures, existing prior to the adoption of an ordinance amendment, to continue as long as they are not listed as a prohibited activity, show proof they have been a valid business in the State of Minnesota prior to (date of approved amendment), receive a Conditional Use Permit, and meet all applicable commercial building, electrical, plumbing, mechanical, and fire codes. Summary Regardless of the direction desired, home occupations that occupy a house, garage, or shed, and that have any people on site other than the owner, or function in a structure larger than the state regulations, require an architect. Whether an architect is required or not, because of the change of use, the structure still must meet all applicable commercial building, electrical, plumbing, mechanical, and fire codes, regardless of how expensive, difficult, or time consuming it may be for the homeowner.