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HomeMy WebLinkAboutVIII-08 Type II Home Occupation Permit - Paul and Shannon Schmitz - E Bike Rental (420 6th Street East) City Council Memorandum To: Mayor Fasbender and City Councilmembers From: Justin Fortney, City Planner Date: June 6, 2022 Item: Resolution: Home Occupation – E-Bike Rental - Paul and Shanon Schmitz - 420 6th Street E Council Action Requested: Consider the attached resolution granting a full five-year Home Occupation Type II license for the applicants to operate an electric bicycle rental business at their home located at 420 6th Street East. This request requires a simple majority for approval. Background Information: Last year the request was approved for the required one-year probationary period. Initially staff received a comment from a neighbor regarding cars parking on the street for the business. Staff contacted the applicant who did not think any of his customers were parking on the street, but he was going to make certain that all patrons were directed to his ample off-street parking. The proposal has been operating without issue or further comment for the past year. A full five- year license may still be revoked by hearing, if unresolved conflicts arise. The applicant had intended to be located in their commercial location in the Confluence building by now, but that project is still in progress. Please see the attached Planning Commission staff report for more information on the original review. Financial Impact: N\A Advisory Commission Discussion: The Planning Commission voted 6-0 to recommend approval at the May 24, 2021 meeting. Neighbors within 350-feet were notified of the request and no comments have been received. We received a public comment email from Stefanie Morgan, which stated: “My family and I currently live on the 400 block of 5th Street East. My husband and I have no concerns over Paul VIII-08 and Shanon Schmitz having a home-based business while they are waiting for their commercial location to be completed. We wish them well in their entrepreneurial adventures.” (5/18/2021) Council Committee Discussion: N\A Attachments: • Resolution • Staff Report – Planning Commission May 24, 2021 VIII-08 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A FULL FIVE-YEAR TYPE II HOME OCCUPATION PERMIT TO OPERATE AN E- BIKE RENTAL BUSINESS at 420 6TH STREET E Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Paul and Shanon Schmitz, have petitioned for a Type II Home Occupation License for an e-bike rental business; and WHEREAS, The property is generally located at 420 6TH St E and legally described as Lot 1, Block 48, TOWN OF HASTINGS BLKS 1 THRU 99, Dakota County, Minnesota. WHEREAS, on May 24, 2021, 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 had reviewed the request and recommendation of the Planning Commission and issued the one-year probationary approval on June 7, 2021; and WHEREAS, The City Council has reviewed the past year of operation without any unresolved issues; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the full five-year Home Occupation License as presented subject to the following conditions: 1) That the business be operated in compliance with the information provided in the staff report dated May 24, 2021. 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. VIII-08 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 June 6, 2022, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh 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 6th day of June 2022, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Kelly Murtaugh City Clerk (SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th St. E. Hastings, MN 55033 VIII-08 To: Planning Commission From: Justin Fortney, City Planner Date: May 24, 2021 Item: Home Occupation Review –E-Bike Rental - Paul and Shanon Schmitz - 420 6th Street E Planning Commission Action Requested: The Planning Commission is asked to review the proposed home occupation and make a recommendation to the City Council. Background Information: The applicants are proposing to rent e-bikes from their home over the current biking season. They anticipate their commercial location within the Confluence (Hudson) building to be finished prior to the 2022 biking season. Home Occupation Home based businesses that utilize a garage, have employees working at the home not residing at the home, or that have more than one customer visit at a time are required to get a Type II Home Occupation License. These type II Home Occupation Licenses require review by the Planning Commission and City Council. This proposed home occupation will be utilizing the garage. The applicants are not anticipating multiple groups of customers at the property at a single time, but they would certainly have multiple cars parked and bikes rented out to multiple parties. The intended hours for the rental operation are proposed to be 8:00 am to 8:00 pm., seven days per week. Customers will often come to the property to pick up the rented e-bikes. 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. Planning Commission Memorandum VIII-08 (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. Existing Conditions The existing site has a house, 1,500 Sf garage and concrete and gravel driveway with room for six cars. The site is adjacent to the Bailly Street trail. Outside Employees No outside employees are proposed to work at the site. Access and Parking The applicants intend to meet large groups off site with the bikes by trailer. They have six off street parking spaces on the subject property and anticipate about one to three customer vehicles at a time on a busy day. 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 not received any response yet. 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 is normally for a five-year period. The applicants intend to be in their commercial location by next season. Fire Inspector Review The fire inspector will inspect the property to check for any fire and safety hazards. Attachments: • Aerial Photograph • Area Images • Application Questionnaire VIII-08 Site Location VIII-08