6.1. PCSR 03-26-2019 - Laserfiche WebLink

Home Browse Search

Request for Action To Item Number Planning Commission 6.1 Agenda Section Meeting Date Prepared by Public Hearings March 26, 2019 Chris Leeseberg, Senior Planner Item Description Reviewed by Home Occupations Zack Carlton, Planning Manager Reviewed by  Ordinance Amendment, Case No. OA 19-03 Action Requested Recommend, by motion, approval of the Ordinance Amendment as proposed. Background/Discussion The Planning Commission postponed action on this request during their February 26, 2019, meeting. They directed staff to update the proposed amendment with their suggested changes for further review. Staff suggested the proposed changes to preserve the rights of adjoining residential property owners from permitted home occupations. Permitted home occupations should have little to no impact on resident’s enjoyment of their property. These are approved administratively by city staff, and business uses within a residentially zoned neighborhood should be more heavily regulated to maintain the expected residential character. If an applicant wants to exceed the permitted requirements, possibly affecting neighbors, they will need to apply for a Conditional Use Permit (CUP), which will be reviewed by the Planning Commission and City Council with a public hearing. The purpose of the ordinances regulating home occupations is stated in Sec. 30-801 (a): Purpose. The purpose of this section is to provide a means, through the establishment of specific standards and procedures, by which home occupations can be conducted in residential neighborhoods without jeopardizing the residential character or health, safety and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling a distinction between permitted home occupations and conditional or customarily "more sensitive" home occupations, so that permitted home occupations may be allowed through an administrative process rather than a quasijudicial hearing process. The standards for administrative approval of a home occupation should be evaluated against this standard. Deviations from the permitted use standards can be accomplished with a CUP. Hours of Operation Staffs recommend the hours of operation, for a permitted home occupation, be limited to 9:00 a.m. – 7:00 p.m. (10 hours) to provide extended quieter earlier morning hours and for more quiet time in the evening so property owners can enjoy their properties without having to worry about possible noise issues after 7:00 p.m. The proposed hours of operation have been adjusted to 7:00 a.m. – 9:00 p.m. (14 hours) as the commission requested. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity