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9.1. PCSR 05-23-2023
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9.1. PCSR 05-23-2023
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Request for Action <br /> <br /> <br /> <br /> <br /> <br />To Item Number <br />Planning Commission 9.1 <br />Agenda Section Meeting Date Prepared by <br />Work Session May 23, 2023 Chris Leeseberg, Senior Planner <br />Item Description Reviewed by <br />Home Occupations Zack Carlton, Community Development Director <br />Reviewed by <br /> <br /> <br />Action Requested <br />Review the first draft ordinance amendment and provide direction to staff regarding which uses should require <br />professional services. <br /> <br />Background/Discussion <br />Staff and the city attorney have had multiple conversations regarding home occupations operating out of the <br />house and attached/detached accessory structures, as well as when there is the need for professional design <br />services. The term “architect” will be used for various licensed professionals outlined in MN Stat. §326.03, subd. 1. <br /> <br />It has been determined by the city attorney that the city can allow occupations within the home without an <br />architect, as home occupations by their nature are expected to be within a house, and the occupations typically <br />occurring do not pose detrimental effects on the neighborhood. Through state statutes, architects are not required <br />for single family dwellings. <br /> <br />The purpose of a CUP is to ensure a proposed project does not detrimentally affect the use and enjoyment of <br />other residents in the vicinity and an architect is required to ensure a structure is designed and built to remain <br />standing and protect all inhabitants based on the uses within the structure. <br /> <br />Basing the need for an architect on uses that are detrimental to an area versus based on the occupancy of the <br />structure is still of concern to staff. <br /> <br />Ordinance <br />Staff drafted the attached ordinance based on the direction from the commission to continue to allow occupations <br />to occur in accessory structures. Various areas of the proposed ordinance are explained below. <br /> <br />Hours of Operation <br />Staff are recommending the hours of operation be prohibited between 7:00 p.m. and 7:00 a.m. Monday through <br />Saturday and all day on Sunday. With many people getting home from work around 5-6:00 p.m., a neighboring <br />business should not detrimentally affect the use and enjoyment of neighbors outside using their property in the <br />evenings. <br /> <br /> <br /> <br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br /> <br />service, and community engagement that encourages and inspires prosperity. <br />Updated: January 2023 <br /> <br />
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