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Request for Action <br />To <br />Item Number <br />Mayor and City Council <br />9.3 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Work Session <br />Aril 20, 2020 <br />Chris Leeseber , Senior Planner <br />Item Description <br />Reviewed by <br />Building Code for Home Based Commercial in <br />Zack Carlton, Planning Manager <br />Residential Areas <br />Bob Ru recht, Building Official <br />Reviewed by <br />Cal Portner, City Administrator <br />Action Requested <br />Provide direction regarding inspections and enforcement of home occupations, permitted or conditional, as <br />they relate to the state building and fire codes. <br />Background <br />The city ordinance states all building permits, except for single family dwellings, need to have plans prepared <br />and signed by a registered architect or register professional engineer. This requires the structure to meet all <br />applicable building/fire codes and subsequent inspections and enforcement. <br />Section 30-83 (c) (1) states: 1Vith each application for a buildingper�nit, and when required by the building of vial for <br />enforcement of any provisions of this article, two sets of plans and sped cations shall be submitted... <br />Section 30-83 (c) (2) states: All plans and speci Lications, except for single family dwellings, or any other buildings exempted <br />by Minnesota Statute or the Minnesota State Building Code, shall be prepared and signed by a registered architect or a registered <br />professional eng&neei duly qualified by registration as required by Minn. Stats. g 326.02. <br />Regarding approval of a Conditional Use Permit, Section 30-654 (a) (7) states: LVill fully comply with all other <br />requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to <br />establish and operate the proposed use in the city. <br />The building code does not differentiate between: <br />A business operating in a residential zone versus one in a commercial zone. <br />One person (the owner) operating in the structure versus multiple employees operating in the <br />structure. <br />■ Less intense versus more intense uses, in terms of requiring plans. <br />The City Council typically approves the following condition with all CUP's, "the building shall be <br />inspected by the city's building official and fire marshal to verify compliance with all building and fire <br />codes..." <br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e <br />service, and community engagement that encourages and inspires prosperzl_ y INAMIRE1 <br />