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Request for Action <br /> <br /> <br /> <br /> <br /> <br />To Item Number <br />Planning Commission 8.2 <br />Agenda Section Meeting Date Prepared by <br />Work Session February 28, 2023 Chris Leeseberg, Senior Planner <br />Item Description Reviewed by <br />Home Occupations Zack Carlton, Community Development Director <br />Reviewed by <br />Mark Pistulka, Building Official <br /> <br />Action Requested <br />Discuss if the city’s home occupation ordinance and provide staff direction regarding potential changes to the <br />current standards. <br /> <br />Background/Discussion <br />With the approval of a few home occupation CUP’s in recent years, building code issues have surfaced pertaining <br />to commercial operations being run out of a residential property. The state building code does not differentiate <br />between a business operating on a residentially zoned property versus one on a commercially zoned property. <br /> <br />With state and city regulations, a registered architect or engineer is required to prepare documents for the building <br />as commercial uses open to the public are required to meet all applicable commercial building, electrical, plumbing, <br />mechanical, and fire codes. It does not matter if the home occupation is an accountant, auto repair, office worker, <br />hair salon, photography studio, woodworking, etc. <br /> <br />Section 30-83 (c)(1) states: With each application for a building permit, and when required by the building official <br />for enforcement of any provisions of this article, two sets of plans and specifications shall be submitted together <br />with a certificate of survey of the lot upon which the proposed building or construction is to be done. <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 />Several properties that recently received CUP’s noted significant expenses are required to meet the building code <br />requirements and challenges in finding professionals to do the design work as the jobs are typically too small. <br /> <br />Residential houses, garages, and sheds/pole buildings are typically not constructed with commercial uses/codes, <br />and the conversion to do so, if possible, can be extremely expensive/difficult. Items including commercially <br />compliant ingress/egress, standard and ADA accessible restrooms, stair slopes, hazardous material storage/ <br />ventilation/disposal, plumbing, and electrical are not typically considered with construction of a home or <br />accessory structure. <br /> <br />Staff would like feedback regarding prohibition of home occupations operated from attached or detached <br />accessory structures, putting the focus back on occupations, working out of the home/house. For clarification, <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 />