10.1 SR 06-20-2023 - Laserfiche WebLink

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Request for Action To Item Number Ma ror and Cinr Council 10.1 Agenda Section Meeting Date Prepared by Work Session June 20, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by Home Occupations Zack Carlton, Communi r Develo ment Director Reviewed by Cal Pormer, Ci r Administrator Action Requested Provide staff direction on the home occupation amendment. Background/Discussion To address issues staff continues to have with home occupations, four work sessions `vith the Planning Commission `vere held. The main topics of discussion `vere `vhen there is the need for professional design services and should home occupation occur in accessoryT structures. The term "architect" `vill be used for various licensed pYofessionals outlined in MN Stat �326.03, subd. 1 Home occupations occurring in a dwelling unit (house) do not require an architect, but an architect would be required for occupations in accessoryT structures. The exception to this would be if the o`vner is the sole user of the space and it is under a certain squaYe footage. Once the structure exceeds a ceYtain square footage or any number of customers, employTees, or patrons are introduced, an architect is required. Even if a structure does not require an architect, it still must meet all applicable commercial building, electYical, plumbing, mechanical, and fire codes. r1n architect is just one piece of the project process. This `vas considered when the commission `vere evaluating accessory structures. The follo`ving key components are recommended byT the Planning Commission to be updated in the home occupation ordinance: Hours of O�eration ■ Making these a set time (7 a.m. — 7 p.m.) that cannot be negotiated, as a neighboring business should not detrimentally affect the use and enjoyment of neighbors outside using their pYopeYtyr in the evenings. Prohibited Uses MotoY vehicle Yepairs — This use has been challenging foY the past few years mostly because it occurs in residential outbuildings that were not built to commercial standards, and they also have the presence of outdoor storage of vehicles. Motor vehicle repairs `vere introduced as conditional use in the 2019 ordinance update, prior to that, the use was prohibited. Occupations in accessor�r structures — The commission determined that allowing home occupations in an accessoryT structure creates many frustrations for the neighboring residents as well as difficulties for the applicant. For the applicant, architectural/engineering services likely would be required and recent applicants have indicated struggles finding architects to do such a small project and the costs associated The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 �� Update�l• January 2023