4.2. PCSR 08-22-2023 - Laserfiche WebLink

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Request for Action To Item Number Planning Commission 4.2 Agenda Section Meeting Date Prepared by Public Hearings August 22, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by City of Elk River Zack Carlton, Community Development Director  Ordinance Amendment to Sec. 39-801 – Home Reviewed by Occupations, updating the requirements and standards for home occupations, Case No. OA 22-06 Action Requested Recommend, by motion, approval of the home occupation ordinance amendment. Background/Discussion After four work sessions with the Planning Commission, staff drafted an amended home occupation ordinance based on direction from the Planning Commission. The following key components are recommended to be updated in the home occupation ordinance: Hours of Operation  Making a set time (7 a.m. – 7 p.m. Monday through Saturday) that cannot be negotiated, as a neighboring business should not detrimentally affect the use and enjoyment of neighbors outside using their property in the evenings. Prohibited Uses  Motor vehicle repairs – This use has been challenging for the past few years mostly because it occurs in residential outbuildings that were not built to commercial standards, and they have the presence of outdoor storage of vehicles. Motor vehicle repairs were introduced as conditional use in the 2019 ordinance update, prior to that, the use was prohibited.  Occupations in accessory structures – The commission determined that allowing home occupations in an accessory structure creates many frustrations for the public 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 with it. Historically, many of the home occupation permits were in existing accessory structures not set up for commercial uses.  Outdoor Storage – This use is more typical of larger operations that should be in industrial locations. Interim Use Permits (IUP)  Any occupation that does not meet the permitted requirements would be reviewed now only through the IUP process. The intent of the IUP is to evaluate, after a set amount of time, the impact a permitted home occupation is having on the neighborhood or the city. In contrast, once a CUP is approved, it runs with the property in perpetuity. A new IUP may be applied for after the original IUP has terminated. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: January 2023