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Planning Commission Minutes October 24, 2023 Page 4 Jessie Arritson, 851 Line Avenue, Elk River — thought members of the Planning Commission were voted for by the citizens and asked the city to provide small businesses with a place to start. There being no one else present to speak on this item, Chair Larson -Vito closed the public hearing. Mr. Leeseberg answered the various questions that arose from the public hearing. He stated agricultural uses are directed by the state. He stated anew building is costly and retrofitting a building to meet the building code requirements could be equally as costly. He answered Mr. Lang's questions about permit requirements in a home office space and technically it is required and noted there are potentially hundreds in the city that the city isn't aware of. Mr. Leeseberg indicated the commission could entertain those hours of operation for IUPs. He indicated the city could put together the number of home businesses as well as number of complaints as they do have to take those seriously. He stated truck weight has not changed but the intent of that is the semi -truck deliveries, and if a business needs and wants that, it could be allowed in certain zoning districts with the required acreage. He indicated any inspections would be done at a reasonable time. He stated companies like Apple and Amazon be allowed to operate with a permit and when they outgrow their property, would go into a commercial building. Chair Larson -Vito clarified the members of the commission were appointed and the city council were voted for by the residents. She stated the commissioners are trying to help small businesses, not shut them down, and also consider things fair for the neighbors. She stated she appreciated the input from the audience in order for them to make good decisions. She stated staff wouldn't call the SWAT team nor do they have time to check to see if you are operating a home business. Mr. Leeseberg stated the city is put in the position to be reactive and not proactive, with neighbor complaints driving the process. He indicated some start with the architect process, but staff has zero leeway on that. Commissioner Booth asked about a scenario where a property owner wanted to sell their home and business to another person, would the new owner be able to apply for an IUP to carry on the businesses. Mr. Leeseberg stated the way the ordinance is written today, yes. He stated if the ordinance is adopted that an IUP is required, the new owner could apply for an IUP. Commissioner Rydberg reminded the commission that a CUP stays with the property forever, and if a new owner operates a business that causes problems, the neighborhood is stuck with that business. The proposed amendment would have the IUP end with the sale of the property. Commissioner Booth asked if a schedule should be set up if an IUP is adopted. Perhaps 3 years then 10. Or the sale of the property. Chair Larson -Vito liked that proposal, which she felt would reduce the administrative burden or worry from neighbors that the property owner will run the business properly. Mr. Leeseberg agreed and reminded the commission the complaints received are mostly always prior to a permit being acquired, and after being brought into compliance, usually don't receive any complaints after that. p 0 if E R E 0 ® r NATUREI