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To: Mayor Hicks & City Councilmembers From: Justin Fortney, Associate planner Date: May 7, 2012 Item: Tabled – Resolution to deny Home Occupation License for Auto Repair – Larry Brown
– 1423 Tyler Street City Council Action Requested: Consider the request of Larry Brown to repair automobiles at his residential property. Background Information: Background information
and analysis of the request follows the cover page and resolution. Financial Impact: The request should not have an effect on the City Budget; application fees have been collected to
defer city costs for review. Advisory Commission Discussion: The Planning Commission voted 6-0 to recommend denial of the request at the April 9, 2012 Planning Commission meeting. City
Council Discussion: The applicant requested that the City Council table his request on April 16. This was to allow him more time to clean out his garage of personal effects to show that
he has room to work on vehicles and store vehicles inside. Staff notified the neighbors of this request and the Council obliged. The applicant stated that he had not been able to clear
out as much stuff as he would have liked due to a shoulder injury. He asked for the review to be tabled again. Staff said they would not be supportive of prolonging the review any longer.
The City has 60-days to act on this application (May 26). Council Committee Discussion: None Attachments: · Resolution · Background Information · Pictures City Council Memorandum
HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS DENYING A REQUEST FOR A TYPE II HOME OCCUPATION LICENSE TO OPERATE AN AUTOMOTIVE
REPAIR BUSINESS AT 1423 TYLER STREET Council member ______________________ introduced the following Resolution and moved its adoption: WHEREAS, Larry Brown has petitioned for approval
of a Type II Home Occupation License to operate an automotive repair shop in the detached garage at 1423 Tyler Street, legally described as the South ½ of Lot 17, Block 1 and the North
½ of Lot 18, Block 1 and the North ½ of Lot 23, Block 1 and the South ½ of Lot 24 BLK 1 and part of vacated Bailey Street, TRIPPS ADDITION, Dakota County, Minnesota; and WHEREAS, on
April 9, 2012, a review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission
voted 6-0 to recommend denial of the request to the City Council based on the findings contained herein; and WHEREAS The City Council has reviewed the request and concurs with the recommendation
of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby denies the Type II Home Occupation request
as presented based on the following: 1) That the applicant has a history of violations relating to unlicensed and inoperable vehicles at his recently closed commercial automotive repair
shop located at 709 County Road 47.
2) That the applicant has a history of violations relating to having more than the allowed 3 vehicles on the property located at 1423 Tyler Street. This includes every one of the 5 scheduled
and drive by inspections during the review of this application. 3) Failure by the applicant to correct code violations in a timely manner and a history of recidivism of past offenses.
4) The subject property is too narrow to provide a suitable buffer zone between adjoining neighbors and a use as intense as auto repair. This close proximity would adversely affect the
residential character of the neighborhood. Council member __________________ moved a second to this resolution and upon being put to a vote adopted by _____ present. Ayes: ____ Nays:
_____ Absent: ______ ATTEST: _______________________________ Paul J. Hicks Mayor _______________________________ Melanie Mesko Lee City Clerk (City Seal) I HEREBY CERTIFY that the above
is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 7th day of May, 2012, as disclosed by the records of the
City of Hastings on file and of record in the office. ______________________________ Melanie Mesko Lee, City Clerk This instrument drafted by: (SEAL) City of Hastings (JJF) 101 4th St.
East Hastings, MN 55033
Background Information: The applicant recently closed his auto repair business at 709 County Road 47 in Hastings. He plans on repairing 2-3 vehicles per week. Home Occupation Home based
businesses that utilize detached structures, employees not residing at the home, or more than one vehicle per day are required to get a Type II Home Occupation License, which requires
review by the Planning Commission and City Council. Home Occupations may be conducted so long as they do not negatively affect the residential character, health, safety, or general welfare
of the surrounding neighborhood. Applicable Regulations The following are requirements of home occupations that must be followed in addition to any conditions placed on approval. If
any of the provisions are violated, the City Council has the right to revoke the license. (a) Exterior alterations or modifications that change the residential character or appearance
of the dwelling, any accessory buildings, or the property itself for the purpose of a home occupation shall be prohibited. (b) Exterior display or storage of equipment or materials related
to the home occupation is prohibited. No article for sale shall be visible from the street. (c) There shall be no indication of offensive noise, vibration, smoke dust, odors, heat, or
glare at or beyond the property line. (d) The home occupation shall be conducted indoors and shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
(e) The use shall not generate sewage of a nature or rate greater than normally associated with a residential occupancy nor shall it generate hazardous waste or solid wastes at a rate
greater than that normally associated with residential occupancy. (f) No home occupation shall be allowed which jeopardizes the health and safety of city residents. (g) Shipment and
delivery of products, merchandise, or supplies shall be limited to between 8:00 am and 6:00 pm. (h) No home occupation causing additional parking or traffic than would be normally expected
in a residential neighborhood shall be conducted between the hours of 8:00 p.m. and 7:00 a.m. (i) Only articles or services made or originating on the premises shall be sold to customers
on-site, unless the articles are incidental to a permitted home occupation.
(j) Only 1 vehicle and 1 trailer specifically used for a home occupation are permitted to be parked at the residence licensed for a home occupation. The parking of these vehicles must
be off-street and in compliance with the parking regulations of the City Code. (k) Signage may consist of not more than 1 single faced unlighted wall sign per home with a maximum area
of 2 square feet. Property Maintenance code 158 (3) In R-2, R-3, R-4, R-5 Residential Districts, it is unlawful to park or store on a residential lot more than a combined total of 3
vehicles per residential dwelling unit outside of an enclosed structure on any lot. Of these 3, only 1 may be of the recreational vehicle/equipment or commercial vehicle/equipment category.
Existing Conditions The existing home was built in 1966 with a one-car tuck under garage. An 832 square foot detached garage is located in the rear of the property. The detached 3-car
garage is relatively new, but does not have electricity, insulation, heat, or sheetrock. If the home occupation is approved, the license would not be issued until all conditions have
been met, including the specified improvements to the garage. Outside Employees The applicant will be the only employee. Access and Parking There is adequate parking on the driveway.
Storage of Equipment and Work Area The applicant would be required to work completely in the garage. The garage was previously filled with personal effects. When his business was closed
he moved all his tools from his shop into his garage. The applicant is now in the process of removing all personal effects to make room for his tools and work space. Per 155.07 Special
Provisions, (D) Home Occupations, (2) General Regulations, (d), The home occupation shall be conducted indoors and shall be clearly incidental and subordinate to its use for residential
purposes by its occupants. Hazardous Waste Disposal There will be little hazardous waste created. Any generated, such as used oil must be properly disposed of. Signage Signs two square
feet or less are allowed per the Home Occupation Ordinance. Comments from Neighbors Notice has been sent to neighboring residents within 350 feet of the property. Staff has received
one response over concerns that cars would be parked on the street in front of their house. One other neighbor said they worry the applicant’s yard will begin to look like a junkyard
like his business did, with cars being all over the place.
At the April 9th Planning Commission meeting one resident, Frances Rego of 1414 Tyler stated that the hours of operation should only be weekdays and end early in the day. He also stated
the tow truck should never be parked on the road because it is too wide. Noise The applicant states that the noise will be minimal. This may be true if the applicant conducts all work
on vehicles in an enclosed garage as required by ordinance. Per 155.07 Special Provisions, (D) Home Occupations, (2) General Regulations, (c) “There shall be no indication of offensive
noise, vibration, smoke dust, odors, heat, or glare at or beyond the property line.” Per 95.23 Public Nuisances Affecting Peace and Safety, (V) 2 Hourly restriction of certain operations,
(a) Domestic Power Equipment, “No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power maintenance
equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m on any weekend or holiday. Review Period Licenses shall be
issued for a one year probationary period from the date of City Council approval. The City Council shall consider issuance of a full license at the end of the probationary period. The
term of a license shall be 5 years. Fire Inspector Review Al Storlie, Fire Inspector, has inspected the operation and has not cited any concerns. He will require a fire extinguisher
to be present. Conditions if Approved An approval of the license should be made contingent on the following conditions: 1) That the business be operated in compliance with the information
provided in the staff report dated April 9, 2012. 2) That the applicant shall provide the Planning Department notice of changes that expand the business (i.e. additional outside employees)
to determine if the business is operating within the confines of the code. 3) That the business will be operated in compliance with the Home Occupation, Nuisance, and Property Maintenance
codes. 4) That the Type II license will be in a probationary status for one year. Following the probationary status, the Council will review the license and determine whether it should
be issued for the remaining four years. 5) That any generated waste such as used oil must be properly disposed of. 6) That regular parking on Tyler Street is prohibited. 7) That a functional,
inspected, and accessible fire extinguisher must be in the garage at all times. 8) That prior to the license being issued, all required improvements to the garage must be made. These
improvements include: a. Clean space to work on vehicles
b.Electrical service c. Insulation d.Sheetrock e. Built-in heating f. Air-conditioning or ventilation 9) That the hours of operation must be between 9:00 a.m. and 6:00 p.m. 10) That
all vehicles parked outside must be licensed and operable. That vehicles parked outside are limited to 3.
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