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To: Mayor Hicks & City Council From: Justin Fortney, Associate Planner Date: July 16, 2012 Item: Home Occupation Review –Lawn Decor – 3121 Riverwood Drive City Council Action Requested:
The City Council is asked to review the proposed Home Occupation. Background Information: Please see the attached Planning Commission Memorandum for background information. Financial
Impact: The request should not have an effect on the City Budget. Advisory Commission Discussion: The Planning Commission voted 6-0 to recommend approval of the Home Occupation. 2 People
spoke in opposition to the proposal because of concurs related to smoke and fumes. One neighbor has never seen or smelled smoke/fumes, but wanted staff to look into the possibility of
any health hazards. Commissioner Bullington also wanted staff to looking into possible health hazards related to the operation. See updated Planning Commission staff report for Dakota
County Public Health Department comments. Council Committee Discussion: None Attachments: ! Resolution ! Planning Commission Staff Report – July 9, 2012 (updated) ! Planning Commission
minutes – July 9, 2012 (Draft) City Council Memorandum
HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A TYPE II HOME OCCUPATION PERMIT TO OPERATE A LAWN DECOR BUSINESS AT 3121
RIVERWOOD DRIVE Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Larry and Shelly Sukow, have petitioned for a Type II
Home Occupation License to make lawn decor; and WHEREAS, The property is generally located at 3121 Riverwood drive and legally described as Lot 2, Block 6, RIVERWOOD 2ND ADDITION, Dakota
County, Minnesota. WHEREAS, on July 9, 2012, 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 recommended (6-0) approval subject to the conditions of this resolution; and WHEREAS, The City Council has reviewed the request and 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 approves the Site Plan as presented subject
to the following conditions: 1) That the business be operated in compliance with the information provided in the staff report dated July 16, 2012. 2) That the applicant shall provide
the Planning Department notice of changes that expand or modify the business (i.e. different materials or tools used) 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. Council member ______________________ moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present.
Adopted by the Hastings City Council on July 16, 2012, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Paul J. Hicks, Mayor ________________________________
Adeline Schroeder Deputy 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 16th day of July 2012, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Adeline Schroeder Deputy
City Clerk (SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th St. St. E. Hastings, MN 55033
To: Planning Commission From: Justin Fortney, Associate Planner Date: July 9, 2012 Updated for July 16, 2012 Item: Home Occupation Review –Lawn Decor – 3121 Riverwood Drive Planning
Commission Action Requested: The Planning Commission is asked to review the proposed Home Occupation. Background Information: The applicants’ hobby is starting to become a business where
they design and build metal lawn decor including small lawn pokes, signs, arbors, etc. They work a few days per week. All operations are contained in the closed attached garage. The
garage is insulated and has an air filtering system. They do not anticipate sales from the home. They would like to work with distributors. As they receive more orders or obtain contracts
they would look to expand their business and move to a commercial location. Home Occupation Home based businesses that utilize the garage, 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. Planning Commission Memorandum
(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 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. Existing Conditions The existing home was built in 1987 with a two-car attached garage.
Outside Employees The applicants will be the only employees. Access and Parking There is adequate parking on the driveway. Storage of Equipment and Work Area The applicants are required
to work completely in the garage with the garage door shut. 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 no hazardous waste created. 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. An
area resident brought this transitioning hobby/business to staffs attention. Some additional comments were made at the July 9 Planning Commission meeting. Noise The applicant states
that the noise will be minimal in the closed and insulated garage.
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, inspected the home a few weeks ago and notified the applicants of required changes. These included updated fire extinguishers, additional outlets,
and removal of extension cords. The applicants made the necessary changes and passed a new fire inspection by the fire inspector. The fire inspector said he has no further concerns with
the operation. Dakota County Public Health Department (updated for July 16, 2012 Council meeting) Staff sent the proposed home occupation staff report to the Dakota County Public Health
Department along with some additional background information on July 10, 2012. On July 11, 2012 Jon Springsted MS, Environmental Health Specialist /Emergency Preparedness Planner contacted
staff with the following comments: “There should be no health impacts to residents outside the garage, as long as the welding materials used are in the ‘normally used’ arena. (Staff
indicated that Mr. Sukow only uses new unpainted mild steel and not any stainless, high carbon, or galvanized steel). I have discussed this proposal with my contact at OSHA and the only
concerns they they had were related to the operator’s safety and it seems that has already been covered. I would also caution the business owner/welder to follow manufacturer’s and industry
standards for personal safety. I note that the garage may not have much ventilation. It sounds like the operator knows what he is doing and you have covered the bases”. The applicant
has purchased a Smog Hog brand Fume extractor for his garage, which will be delivered the week of July 15th. From the manufacturer: SMOG-HOG's industrial Fume Extractors collect any
harmful fumes and extract from it any harmful particulate. The clean air is then safely released back into the workshop environment. Staff will reinspect the property on the July 13th
while the applicant is working in the garage to determine if there are fumes, smoke, odors, or other issues.
Recommendation An approval of the license should be made contingent on the following conditions: 5) That the business be operated in compliance with the information provided in the staff
report dated July 9, 2012. 6) 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. 7) That the business will be operated in compliance with the Home Occupation, Nuisance, and Property Maintenance codes. 8)
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. Attachments: ! Site Location ! Photographs ! Application
Site Location
Garage Current Air filtration system Proposed additional system
Draft Planning Commission Meeting Minutes Hastings Planning Commission June 25, 2012 Regular Meeting Chair Stevens called the meeting to order at 7:00 p.m. 1. Roll Call Commissioners
Present: Stevens, Rohloff, Vaughan, Messina, Estenson, and Bullington, who arrived just after approval of the minutes Commissioners Absent: Slaten Staff Present: Associate Planner Justin
Fortney 2. Approval of Minutes – June 25, 2012 Motion by Commissioner Estenson to approve the June 25, 2012 minutes. Seconded by Commissioner Messina. Upon vote taken, Ayes 5, Nays 0.
Motion carried. PUBLIC HEARINGS OTHER ACTIONS 3. Larry & Shelly Sukow – Type II Home Occupation Permit #2012-31 – Operation of a lawn décor business – 3121 Riverwood Drive. Fortney presented
the staff report. Commissioner Messina asked what comments the complainant made. Fortney said that a business was being run and there were obnoxious fumes. Commissioner Vaughan asked
if there will be any further inspection by the Fire Inspector. Fortney said only if there are complaints relating to a fire hazard or if the applicants change their operation. Bullington
asked the applicant how long they had been doing this. Larry Sukow, applicant said a little over a year. He added that it started out as a hobby and it only recently has become a business
idea. Bullington said he has concerns with the applicant’s exposure to the welding fumes. Sukow said he is an experienced welder and uses a respirator. Bullington asked how many vehicles
they have and if they are all parked outside. Sukow said they have four and they have room in the garage when they need to park them in there. Bullington asked staff how many cars are
allowed on the property. Fortney said he was not sure about the R-3 zoning district, but R-2 allows 3 and the R-1 district allows 5.
Joe Mancl, who stated that he lives at 3111 Riverwood Drive said when the applicant is finished with a project and opens his garage door, fumes could come out. He added that there are
kids in the neighborhood and they shouldn’t have to breathe it. Mike Smiley, owner of 3110 River Wood Drive said he has never smelled any smoke or fumes, but since his kids play near
the applicants’ residence he wondered if some type of professional could look into the potential for harmful fumes being emitted from the property. Tiffany Mancl, owner of 3111 Riverwood
Drive said no one else knew that he was going to weld or they would have cleared their schedules to come here. She added that she has had to close the windows and turn on the air-conditioning
because of the smells from the welding. Bullington said maybe the commission could add a condition that an organization inspect the property and determine the affects to the outside
air from the operation. Vaughan said that he is not sure that would be appropriate because many people have small welders like the applicant and don’t have to have inspections done.
Commissioner Estenson said the commission’s role is to determine if an applicant’s proposal fits with the ordinance and the area. He added that it seems there is conflicting information
on whether or not there is any smoke, smell, or fumes outside of the garage associated with this proposal. Chair Stevens asked the applicant if he would be using an oxygen acetylene
torch, Sukow responded no. Stevens then asked if he would be using a stick welder and Sukow said no. Stevens added that from his experience, those are the larger generators of smoke
and fumes. Stevens said the Commission looks at how an operation fits in an area and this one seems to have the same intensity as other home occupations. He added that the Commission
doesn’t have the knowledge if any nuisances are generated from the property. He added that if there is any it should be reported to staff so it can be documented and addressed. Bullington
said in the staff report it states that 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. He added that to assure this, a fifth condition on approval should be added that would require review by the department of health or similar. Fortney said given
the comments from the neighbors, staff will contact the Dakota County Department of Health for input to see if they believe there is a health hazard to the surrounding residents. Bullington
withdrew his recommendation to add a fifth condition to an approval. Stevens said an approved home occupation license will be reviewed after one year, but if there are issues with it
prior to that, staff will deal with them and the council may hold a hearing to withdraw approval at anytime.
Motion by Commissioner Vaughan to recommend approval of the home occupation license. Second by Commissioner Estenson. Upon vote taken, Ayes 6, Nays 0. Motion carried. 4. Other Business
Fortney updated the Planning Commission on past City Council actions and future Planning Commission applications. Andy McCoy spoke to the Planning Commission about his absence at a variance
hearing in April. He apologized for not being able to attend and explained why his proposal for a new garage increased in size from a previous meeting. He stated that his first drawing
was meant to give an impression of setbacks and was not properly scaled. His revised drawing carefully considered all dimensions and as a result showed the garage larger than the previous
plan. He also stated that a neighbor said at the meeting that he created his own hardship by removing his driveway. He said that his understanding is that alley access if preferred to
street access and it is required for new garages. Stevens thanked McCoy for coming and wished him well on his project. 5. Adjourn Motion by Commissioner Vaughan to adjourn the July 9,
2012, Planning Commission Meeting. Second by Commissioner Bullington. Upon vote taken, Ayes 6, Nays 0. Motion carried. The meeting was adjourned at 7:45 p.m. Next Planning Commission
Meeting – Monday, July 23 2012. Respectfully submitted, ___________________________ Justin Fortney Recording Secretary