5.2. PCSR 04-23-2019 - Laserfiche WebLink

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Request for Action To Item Number Planning Commission 5.2 Agenda Section Meeting Date Prepared by Public Hearings April 23, 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 March 26, 2019, meeting. They asked staff to investigate neighboring communities. Staff reviewed the home occupation ordinances for ten communities: Andover, Anoka, Big Lake, Brooklyn Park, Maple Grove, Monticello, Plymouth, Ramsey, Rogers, and St. Michael. In the attempt to broaden the home occupation ordinance by allowing them to occur in accessory structures, the issue of acceptable quantifiable noise levels and enforcement has proven difficult to resolve. In reviewing the regulations from other communities, all but one limit home occupations to the dwelling unit (home) only. This is more in line with the current intent of “home” occupations, as they are intended to occur in the home. The “in the home only” approach would remedy ambiguous noise and other concerns as the use of power tools, machinery, and odor-producing activities would not be conducted in the home, nor allowed by our ordinance. In all but two cities, noise was described with objectionable, adversely affecting, and nuisance terminology. These terms are arbitrary, not quantifiable, and vary from person to person, making them extremely difficult to enforce. Anoka and Rogers ordinances quantify noise in an easy manner. Anoka states: no significant increase in levels of noise, dust, smoke, gas, heat, vibration, glare, fumes, odor or electrical interference shall be detectable to the normal senses off the premises. Rogers’s states: no noise, lights, odors, or other physical manifestations resulting from the business activity shall be evident beyond the boundaries of the property on which the home occupation is being conducted. The Commission directed staff to draft the ordinance to be less broad and use the community research for comparable regulations; staff recommends home occupations be allowed only in the dwelling unit, without a permit, if they meet the 13 criteria. This brings the ordinance in line with the intent of home occupations occurring in the home. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity