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4 Gen. Supplemental Regulations CITY OF CHANHASSEN ~ity CtnflT DrilJi, PO Box 147 anhassen, Minnaot4 55317 Phone 612.937.1900 ;meralFax612.937.5739 ~neering Fax 612.937.9152 >lie Sa/rty Fax 612.934.2524 ,b www.ci.chanhassm.mn.UJ !L MEMORANDUM TO: Scott Botcher, City Manager FROM: Cynthia Kirchoff, Planner II DATE: April 28, 2000 PC DATE: CCDATE: April 19, 2000 May 8, 2000 RE: Zoning Ordinance Amendment Article XXIII. General Supplemental Regulations Division 3. Home Occupations PROPOSAL The City receives numerous complaints concerning home occupations. Staff believes there are gray areas in the ordinance that make intérpretation difficult at times. For instance, if the occupation is not stated, is it prohibited? Staff wants to ensure the ordinance is clear for residents and those who have to enforce it. The proposed amendment revises the definition of home occupation, prepares an intent statement and clarifies existing standards. PLANNING COMMISSION UPDATE On February 3, 2000, the Planning Commission reviewed an issue paper concerning home occupations and the proposed ordinance amendment (see Attachment I). The commission was concerned with: I. placing additional restrictions on property zoned residential, 2. ·J:¡ølll's·of~peratioa~fhome.m:cupations, and 3. non-home occupation business vehicles. The current home occupation ordinance limits the type of business, the hours, the traffic and parking and the number of employees. It prohibits outdoor storage associated with the business and retail sales. The proposed ordinance specifically prohibits the parking of typical contractor's equipment. Further it limits the type of vehicles used with the home occupation. The intent is to clarify what is not permitted. The hours of operation for home occupations are not to be changed. A home occupation can operate between the hours of8:00 a.m. and 8:00 p.m. The nuisance ordinance (see Attachment 2) restricts the hours for various activities, but those specified are less strict than the home occupation ordinance. e City ofChanhllSSm. A wwin. communil'! with clean laka. qualil'! schools, a chamlÍnf( downtown, thrivinf( bUJi.a"" and beautifùl parks. A great place to live, work, and play. Scott Botcher Home Occupation Zoning Ordinance Amendment April 28,2000 Page 2 . Non-home occupation business vehicles are not prohibited by the ordinance. ¡fa resident works for a bottling company and drives a vehicle that has the niune of the beverage on the door, this is not prohibited by ordinance. Section 20-1102., Parking of Trucks in R-Districts states, "No trucks or other commercial vehicle with multiple axels shall be parked on any residential premises or street in any R -District overnight; provided that nothing herein shall prevent the parking of such vehicle in a fully enclosed garage or similar permanent structure, or the parking of necessary construction vehicles during the construction period on the premises where construction is in progress." Staff makes the interpretation that the City cannot require one to drive a certain vehicle to work, but can prohibit the vehicle utilized for a home occupation parked outdoors on residentially zone property. PLANNING COMMISSION UPDATE On April 19, 2000, the PI.anning Commission held a public hearing on this item. The ameildmentswere recommended for approval by unanimous vote with one change to . include the word "potential" in the definition. This is to clarify that a business does not have to make a profit to be considered a home occupation. SUMMARY Local governments attempt to mitigate the impacts of a small business in a residentially zoned district by adopting a home occupation ordinance. Issues such as the types of businesses permitted and prohibited, the number of non-resident employees and the hours of operation are typically regulated. The current ordinance addresses these issues, however, staff would like to clarify what activity is permitted in conjunction with a home occupation. . The proposed zoning ordinance amendment revises the definition of home occupation, specifies an intent statement and clarifies the performance standards under which a home occupation máy operate. The current ordinance does not have an intent statement. A purpose or intent statement serves to express the objective of the ordinance. The intent in most cases is to protect adjacent properties from the business or activity. Staffhas prepared an intent statement that permits such activities but requires that they do not compromise the character of the residential neighborhood. The proposed ordinance amendment clarifies the standards under which a home occupation may operate. These are referred to as performance standards. Performance standards are, by definition, a set of criteria relating to certain characteristics that a particular use may not exceed. These standards may include limiting the occupation to one non-resident employee, the hours of operation and the area to be utilized for the business. This is the best method for restricting home occupations. Scott Botcher Home Occupation Zoning Ordinance Amendment April 28, 2000 Page 3 The amended ordinance eliminates the permitted uses section. As long as the occupation meets the standards, it is permitted. The current ordinance prohibits the outdoor storage of anything in connection with the home occupation. Staff has interpreted this to mean no contractors' equipment or materials may be stored on the site. The amendment clarifies that assumption. Section. 20-985. Commercial parking and vehicles prohibits the outdoor parking of commercial vehicles that exceed a weight and length restriction. Further, the exterior parking of equipment is expressly prohibited. PROPOSED AMENDMENTS All new information is in bold and any outdated information has been struck-through. ARTICLE I. GENERAL Sec. 20- I. Definitions. Home occupation means an occupation, profession, activity or use carried out for potential gain by a resident that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. ARTICLE XXIII. GENERAL SUPPLEMENTAL REGULATIONS DIVISION 3. HOME OCCUPATIONS Sec. 20-976. Cem¡'lliWlee. Purpose. f. h6me eee\ij3IHieH may Be estaBlished and e6Hè\:leted 611ly illlleeeæanee with this àivisi6H. The purpose ofthis ordinance is to regulate home occupations in residential zoning districts to ensure that they are incidental to the primary residential use of the property and to establish standards by which home occupations can be conducted without compromising the character of the residential neighborhood. Sec. 20-977. Subordinate use. The use of a dwelling unit for any home occupation shall be clearly incidental and subordinate to its residential use. Not more than twenty-five (25) percent of the floor area of one (I) floor ofa dwelling unit shall be used in the conduct of the home occupation. No garage or accessory buildings except accessory agricultural buildings existing on February 19, 1987 shall be used for any home occupation. Sec. 20-978. Occupations ¡'Ieffilitteà prohibited. (n) The folle'ù'illg h6me eeel:l¡'lIHieHs are ¡'Ieffilitteà: Scott Botcher Home Occupation Zoning Ordinance Amendment April 28, 2000 Page 4 (1) Pffires3ieool seFiliees sueR as aremteets, eRgifteefS, a1:te:meys, ef:f:iee, real e:Htite ageftts, iB3uranee ageats, anà e61Bf)uter I3regmmmers, seeretarial set'Viees, tmà ffiftftHmeturer' 3 represeffillti Yes. (2) DressmakiHg, SeO¡;ÌHg, aHtI tailefÏHg. (3) PaintiHg, sel:ll¡'lmriHg sr \'ÆÎtiHg, (4) Heme effifts stICh as æsèel máking, reg wefl'/iHg, la¡'liàary "N6rk, ¡'Iettery anè eaBiHet maldHg. (5) Tl:ltefÏHg sel"Viees (e,g., ¡'Iiane teaeher~. f6j (1) Contractors' yards/landscaping businesses are prehiBiteà for heme eeel:lf1atiells. Sec, 20-979. Outside appearance. The home occupation shall be conducted entirely within a fully enclosed building. No change in . the outside appearance of the building or land, or other visible evidence of the conduct of the home occupation shall be permitted, Outdoor storage of anything is prohibited in connection with a home occupation. Sec. 20-980. Hours of operation. The hours of operation of any home occupation shall be limited to between 8:00 a.m. and 8:00 p.m. Sec. 20-981. Use of equipment. No mechanical or electrical equipment requiring the use of voltage in excess of two hundred twenty (220) volts single phase shall be used in the conduct of a home occupation. Sec, 20-982. Traffic and parking. No traffic shall be generated by any home occupation in greater volume than would be normally be expected in a residential neighborhood, and no home occupation involving the need for more than three (3) parking spaces for the occupants and visitors shall be permitted. Adequate off-street parking facilities required to service the home occupation shall be provided on the premises, but no such parking facilities shall be established within any required front or side yard, except upon an established driveway. Sec. 20-983. Retail and wholesale sales prohibited. Scott Botcher Home Occupation Zoning Ordinance Amendment April 28, 2000 Page 5 No commodities, merchandise or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. Sec. 20-984. Nonresident employee. Only one (I) nonresident of the dwelling unit may be employed upon the premises ofa home occupation. Sec. 20-985. Commercial equipment and vehicles. Exterior parking of trailers, steer skid loaders, landscaping equipment, cement mixers, and other similar types of equipment used in conjunction with the home occupation is prohibited. Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of nine thousand (9,000) pounds gross weight shall be used in connection with the home occupation or parked on the property. RECOMMENDATION Staff recommends the City Council adopt the following motion: "The City Council approves the amendment to Section 20-1, Section 20-976, Section 20-978 and Section 20-985 as outlined above and shown in Attachment 4 and adoption of the summary for publications as shown in Attachment 5." A TT ACHMENTS I. Home Occupation Ordinance Issue Paper 2. Chapter 13. Nuisances 3. Minutes from the April 19,2000 Planning Commission meeting 4. Ordinance Amendment. 5, Summary ordinance for publication. g:\plan\ck\zoning ordinance amendments\home occupation zoa.doc s: - CITY OF CHANllASSEN MEMORANDUM TO: Planning Commission 690City CnuerDrive, POBox I47 FROM: Cynthia Kirchoff, Planner I ChanhasserJ, Minnesota 55317 Phone 612.937. 1900 DATE: January 26, 2000 Gmeral Fax 612.937.5739 El1gÙzemngFIIX612.937.9152 RE: Home Occupation Ordinance Issue Paper Pl1blic Sa/rty Fox 612.934.2524 lríbwu'u.ci.chonIJiWm.ml1.l1s SUMMARY Staff receives numerous complaints on outdoor storage and/or additional traffic associated with home-based businesses. The City regulates home occupations, however, some gray areas exist in the interpretation of the ordinance. That is, if it is not specifically stated, is the business activity permitted? The purpose of this memorandum is to offer an overview of the issues relating to home occupations and recommend amendments to the ordinance. BACKGROUND Although zoning has only existed >.Înce the turn of the century, its impacts ar~ profound and far-reaching. Zoning originated to protect the value of the single- family home from incompatible uses. The logic was, in order to protect its value all other non-residential uses must be located as tàr away as possible. This included two-family dwel!ings and apartments. All uses were segregated. Two- family homes were separated from single-family homes and the corner grocery store was relocated to the a11erial roadway. Ultimately, zoning altered a functioning way of life in some older urban areas and created traffic problems in the outlying suburbs. 'For instance, Mrs. Smith can no longer operate a hair salon in the basemcnt of her home because it violates the home occupation ordinance. The salon must be located in a business district, perhaps only a car ride away from . home but more likely a 45-minute commute. Local governments attempt to mitigate the impacts of a small business in a residentially zoned district by adopting a home occupation ordinance. Issues such as the types of businesses permitted and prohibited, the number of non-resident employees and the hours of operation are typically regulated. Many of the ordinances are out of touch with today's economy and lifestyles. 'T' r-. (Or' , Planning Commission Home Occupation Issue Paper January 26, 2000 Page 2 Historv of our zoning: ordinance The City adopted its first zoning ordinance in February of 1972. This rather short document, only 23 pages, addressed regulations for various zoning districts, general regulations (e.g., signs, accessory buildings, etc.), non-conforming uses, variances and conditional use permits. A specific home occupation ordinance was not included, but the following definition was: "Home occupation is any occupation or profession carried on by a member of the immediate family residing on the premises in connection with which there is no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling. There shall be no commodities sold upon the premises and no person employed therein other than a member of the immediate family residing on the premises or domestic servants: and no mechanical or electrical equipment shall be used except such as is normally used for purely domestic or professional purposes. No accessory building shall be used for such home occupation. Clinics, hospitals, barbershops, beauty parlors and animal hospitals are not home occupations." In 1983, the zoning ordinance was amended to allow home occupations in the residential and planned unit development districts. The next year, the ordinance was amended to allow contractors' yards as conditional uses in the R-IA district. This amendment was repealed in 1989. A major zoning ordinance amendment took place in 1986. The home occupation ordinance was included in this revised document and has remained virtually unchanged in 13 years, with the exception of one amendment. In 1995, the home occupation ordinance was amended to prohibit contractors' yards as home occupations. The issue with the existing ordinance is that it permits professional services, crafts and tutoring and prohibits only contractors' yards/landscaping businesses. Therefore, the ordinance is both inclusive and exclusive. it is 3lso contradictory. For instance, it prohibits the use "Of an -accessory structure yet it permits cabinet making. It is uncommon for one to build cabinets in a dwelling unit. Issues Associated with Home Occupations The City of Chanhassen does not require a license for home occupations therefore, we are not aware of the business until it becomes a nuisance to the neighbors. Generally, the zoning ordinance is enforced on a complaint basis. If a neighbor notices additional traffic or outdoor storage the City usually receives a telephone call. Staff inspects the property and drafts the property owner a letter indicating any code violations. The greatest number complaints concern contractor's yards. A contractor's yard is defined as any of use of land where vehicles, equipment, and/or construction materials and supplies i ¡ Planning Commission Home Occupation Issue Paper January 26, 2000 Page 3 commonly used by building, excavation, roadway construction, landscaping and similar contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. Typically, the complaints involve materials or equipment being stored or parked in a driveway. Technological and lifestyle changes mean more people can work from the home, Although a home office is permitted under the ordinance, a substantial number of delivery trucks and visitors/clients will create additional traffic, thus disturbing the neighbors (See Attachments 2-4). Purpose of a Home Occupation Ordinance A balance must be established between rights of all property owners. That is the purpose of a home occupation ordinance. It allows the incubation of a small business, yet protects the integrity of the neighborhood. In the following sections, staff attempts to review the issue associated with the home occupation ordinance and make recommendations for modifications. ANALYSIS Home occupation ordinances are essentially borne out of the same mold. However, they still are drafted and interpreted differently. The following section demonstrates the differences. Definition The definition of an item in the zoning ordinance may serve the purpose of a broad overview or may offer more specifics. Defining a home occupation isjust as important as the ordinance because it may not address every occupation. A definition may provide additional insight not explicitly stated in the ordinance text. The following are definitions from various municipalities: "Any activity carried out for gain bv a resident and conducted as a customarv. incidental. and accessorv ~ in the resident's dwelling unit." "A home occupation is defined as anv business. occupation. profession or commercial activity that is conducted or petitioned to be conducted from property that is zoned for residential use." (Blaine) "Any occupation of a service character which is clearly secondarY to the main use of the Dremises as a dwelling, and does not change the character thereof or have anv exterior evidence of such secondarv use." (Eden Prairie) Planning Commission Home Occupation Issue Paper January 26, 2000 Page 4 "Anv activity carried out for gain bv a resident conducted as an accessory use entirelv within the resident's dwelling unit. employing only the inhabitants thereof without the use of a sign to advertise the occupation, without offering any commodity or service for sale on the premises and which does not create obnoxious noise or other obnoxious conditions to abutting residential property such as odor, increased traffic, smoke, or electrical interference. Specifically excluded is the storage of display of merchandise not produced by such home occupation, any activity involving any building alterations, window display, construction features, equipment, machinery or outdoor storage, any of which is visible from off the lot on which located." (Piano, TX) "A business or profession which is customarilv carried on in a dwelling unit (or in a building or other structure accessory to a dwelling unit) by a member of the family residing in the dwelling unit. Home occupations shall be clearly incidental and secondary to the use of the dwelling unit for residential purooses, and shall conform to the regulations and requirements of Section 80. I 00 1.1-2 of this ordinance. Receipt of mail and the making and receiving of telephone calls and other routine office work done exclusively by the dwelling unit resident are not prohibited and do not constitute a home occupation. If, however, the business involves storage of materials, goods, equipment or supplies other than ordinary office supplies or generates any traffic or deliveries other than mail, it is a home occupation," (Canandaigua, NY) "A home occupation is an accessory use ofa dwelling unit that is: (A) used for gainful emplovment that involves the provision, assembly, processing or sale of goods and/or services; and (B) Incidental and secondary to the residential use of the structure and does not change the essential character of the dwelling unit; but (C) Excludes uses that provide shelter or lodging to persons who are not members of the family residing in the dwelling unit as defined in Chapter 18, 'Definitions,' of this ordinance." (Evanston, IL) "A 'home occupation' is an occupation or profession which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and which is carried on bv a member ofthe familv residing in said dwelling unit." (Niskayuna, NY) "Home occupation means a business or enterprise conducted in a dwelling and incidental to the principle residential use whether conducted for profit or not for profit." (Stillwater, MN) In reviewing the defmitions, several terms or phases are consistently mentioned: · customary, incidental · secondary to the main use of the premise as a dwelling · does not alter character of the residential neighborhood · carried out for gain by a resident · business, occupation, professional or commercial activity that is conducted from property that is zoned for residential use Planning Commission Home Occupation Issue Paper January 26, 2000 Page 5 According to the majority of ordinances, a home occupation should be incidental and secondary to the main use of the property. If it becomes a primary use of the property, the business should be relocated to a more appropriate business or industrial zoning district, Currently, our definition of home occupation is as follows: .....an occupation, profession, activity or use that is clearly a customarY. incidental. and secondarv use of a residential dwelling unit and which does not alter the exterior of the propertY or affect the residential character of the neil!hborhood." The definition addresses all issues except the activity is "carried out for gain by a residenL " Perhaps the defmition should be amended as follows: ".. ,an occupation, profession, activity or use carried out for gain by a resident that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood." Ordinance Contents Home occupation ordinances are usually organized around the following principles: permitted uses, prohibited uses and performance standards. The following table depicts the format of II home occupation ordinances. TABLE I Suburban Home Occupation Ordinances Specify Specify Peiformance Purpose or Permit Permitted Prohibited Standards Intent Required Community Uses Uses Statement Andover X X X Special use permit, dependinl! on use Blaine X X CUP, depending on use Bloomington X X X CUP, depending on use Burnsville X X Chaska X X Cottal!e Grove X X X CUP Eden Prairie X Edina X X X Mankato X X Manle Grove X Planning Commission Home Occupation Issue Paper January 26,2000 Page 6 Minnetonka X CUP, depending on use Shakopee X Administrative permit Permitted Uses Many communities, including the City of Chanhassen, list permitted home occupations. The most common permitted uses are dressmaking/tailoring, architect/landscape architect, teaching service, day care, sales representative, word processing service and photography. The problem associated with specifying permitted uses is that it may exclude a use that may be appropriate in a residentially zoned district. It would be easier to simply note the prohibited uses. Furthermore, some uses listed are outdated (e.g., millinery service or hat making) because the economy or lifestyles have changed. Prohibited Uses The most common prohibited uses are barbershoplbeauty parlor, hospital/clinic, contractor's yard, repair service, funeral home, restaurant, antique or gift shop, professional office, kennel, massage/health club, medical and dental office, landscaping service and music and dance school. Many of these uses created traffic problems or would quickly become the dominant use of the dwelling. Foremost, the business açtivities listed are not serving just the surrounding community or neighborhood but are regional, thus creating additional traffic or activity. Also, some uses that are specifically prohibited, if conducted in accordance with an ordinance, may not disrupt the neighboring properties. Performance Standards Performance standards are, by definition, a set of criteria relating to certain characteristics that a particular use may not exceed. These standards may include limiting the occupation to one non- resident employee, the hours of operation and the area in the utilized for the business. This is the best method for restricting home occupations. The City of Chanhassen limits the hours of operation, the amount of traffic and parking, the number of nonresident employees and prohibits retail sales. Purpose or Intent Statement A purpose or intent statement serves to express the objective of the ordinance. The intent in most cases is to protect adjacent properties from the business or activity. Burnsville's ordinance states that "The purpose of this Chapter is to maintain the character and integrity of residential areas Planning Commission Horne Occupation Issue Paper January 26, 2000 Page 7 and 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 health, safety and general welfare ofthe surrounding neighborhood." Chaska's states "It is the intent of this Section to provide for those customary home occupations which will not be detrimental to the desired low intensity residential environment." The City ofChanhassen does not have an intent or purpose statement. Permits A few of the communities surveyed require a permit to operate some home occupations. For instance, Andover requires a special use permit for occupations conducted in a garage or accessory structure such as cabinet making, woodworking, repair services and similar uses. Cottage Grove requires a conditional use permit for all home occupations. If a conditional use permit is required, enforcement policies must be established. Typically, CUPs are reviewed on a complaint basis. Staff would review the conditions of approval of the permit and determine if the property owner is in compliance. This would take the time of staff as well as the Planning Commission and City Council. PROPOSED AMENDMENTS Staff has prepared amendments to the existing ordinance. All new information is in bold and any outdated information has been struck-through. ARTICLE I. GENERAL Sec. 20-1. Definitions. Home occupation means an occupation, profession, activity or use carried out for gain by a resident that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. ARTICLE XXIII. GENERAL SUPPLEMENTAL REGULATIONS DIVISION 3. HOME OCCUPATIONS Sec. 20-976. COffifJlilHiee. Purpose. f. h6me 6ee\ij3ati6ft maY' Be e3taèli3heà aHè eÐHèl:leteè 6Hly ill aee6rdliHee 'lAth this èivisiÐII. The purpose is ohhis ordinance is to regulate home occupations in residential zoning districts to ensure they are incidental to the primary Planning Commission Home Occupation Issue Paper January 26, 2000 Page 8 residential use ofthe property and to establish standards that compel compatibility with other permitted uses and maintain the character of the residential neighborhood. Sec. 20-977. Subordinate use. The use of a dwelling unit for any home occupation shall be clearly incidental and subordinate to its residential use. Not more than twenty-five (25) percent of the floor area one (I) floor of a dwelling unit shall be used in the conduct of the home occupation. No garage or accessory buildings except accessory agricultural buildings existing on February 19, 1987 shall be used for any home occupation. Sec. 20-978. Occupations ¡'Ieffilitteà prohibited. (8) The follÐ~¡¡jBg Raffle aeeRpstioß3 are pefftiitteà: (1) Pf6f-eS5iÐft81 serdees SHeB 83 arehiteets, eagiBeefs, anomers, offie€), real estate ageflts, inStiffiflee ageflt3, aaft eÐffiJ3uter l'fflgfliffiffiefs, seeretarial serviees, 8Rà ffiaflufaeærer's reprc3eatatives. (2) DressffillkiHg, se'l"iHg, aHè taileriHg. (3) Paiating, 3etdpturiflg ar ·Jffltiflg: (1) Heme erafts Bl:leh as meàel mal<ÌHg, rug wea'lÌHg, IflfJiàary 'Nerk, ¡'I8ttery IIHè eaBiHet makillg. (5) Tl:lt6riHg serviees (e.g., ¡'IillHe teaeher), f61 (1) Contractors' yards/landscaping businesses are ¡'IrehiBi!eà fer heme eeetl¡'latieHs. Sec. 20-979. Outside appearance. The home occupation shall be conducted entirely within a fully enclosed building. No change in the outside appearance of the building or land, or other visible evidence of the conduct of the home occupation shall be permitted. Outdoor storage of anything is prohibited in connection with a home occupation. Sec. 20-980. Hours of operation, The hours of operation of any home occupation shall be limited to between 8:00 a.m. and 8:00 p.rn. Planning Commission Home Occupation Issue Paper January 26, 2000 Page 9 Sec. 20-981. Use of equipment. No mechanical or electrical equipment requiring the use of voltage in excess of two hundred twenty (220) volts single phase shall be used in the conduct of a home occupation. Sec. 20-982. Traffic and parking. No traffic shall be generated by any home occupation in greater volume than would be normally be expected in a residential neighborhood, and no home occupation involving the need for more than three (3) parking spaces for the occupants and visitors shall be permitted. Adequate off-street parking facilities required to service the home occupation shall be provided on the premises, but no such parking facilities shall be established within any required front or side yard, except upon an established driveway. Exterior parking of trailers, Bobcats, landscaping equipment, cement mixers, and other similar types of equipment used in the home occupation is prohibited. Parking of vehicles in excess of 22 feet in length is prohibited. Sec. 20-983. Retail and wholesale sales prohibited. No commodities, merchandise or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. Sec. 20-984, Nonresident employee. Only one (I) nonresident of the dwelling unit may be employed upon the premises of a home occupation. See. 20-985. Commercial vehicles. No commercial vehicles in excess of nine thousand (9,000) pounds gross weight shall be used in connection with the home occupation or parked on the property. RECOMMENDATION Staff requests direction to draft an amendment to the home occupation ordinance based upon the information discussed in this memorandum. At a later date, a public hearing would be held before the Planning Commission and your recommendation would be forwarded to the City Council. Planning Commission Home Occupation Issue Paper January 26, 2000 Page 10 ATTACHMENTS I. Home Occupation Ordinance 2, "Home Occupations and Zoning." New Hampshire Town and City, July-August 1988 3. "When Home is Where the Business is," Zoninl! News, December 1991 4. "Home Occupations as Accessory Uses," Zoninl! News, January 1996 g:\pJan"'=k\zoning ordinance amendments\home occupation issue paper.doc Chapter 13 NUISANCES· Art. I. In General, §§ 13-1-13-20 Art. II. Junked or Abandoned Vehicles, §§ 13-21-13-23 Art. III. Weeds and Grass, §§ 13-24-13-26 Art. IV. Control and Prevention of Diseased Trees, §§ 13·27-13·37 ARTICLE I. IN GENERAL Sec. 13-1. Definition. In this àrticIe "nuisance" means a thing, act or use of property that: (1) Annoys, injures or endangers the health, safety, comfort or repose. of the public; (2) Offends public decency; (3) Unlawfully interference with the use of or obstructs, or tends to obstruct or render dangerous for passage a lake, stream, navigable river or public water, park, square, sidewalk, street, alley or highway; (4) Depreciates the value of the property of the inhabitants of the city; (5) In any manner renders the inhabitants of the city insecure in life or in use of property. (Ord. No. 22, § 1, 2·5-68) Sec. 13·2. Illustrative enumeration. (a) The following are nuisances affecting health, safety, comfort or repose: (1) Accumulations of manure, rubbish, garbage, tin cans, bottles, junk, debris or other waste which are kept so as to result in offensive odors or unsightly conditions to the discornfor.t.and .annoyance of adjacent property owner~ -or the public; (2) Garbage cans and privy vaults which are not fly-tight; (3) Dumping the contents of any cesspool, septic tank, privy vault or garbage can except at places authorized by law; (4) All noxious weeds, tall grasses, and other rank growths; (5) The throwing, dumping or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish, tin cans, paper, or other ma· terial of any kind on private or public property; ·Cross reference-Special assessments for nuisance abatement, § 2·31. State law reference-Authority of city to regulate, prevent and abate nuisances, M.S. § 412.221, subd, 23. Supp. No.7 723 § 13-2 CHANHASSEN CITY CODE (6) Dense smoke, noxious or offensive fumes or odors, gas, soot, or cinders in unreason- able quantities; (7) Offensive trade and business as defined by statute or ordinance not licensed as pro- vided by law: (8) All public exposure of persons having a contagious disease: (9) The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person: (10) All decayed, unwholesome, or contaminated food offered for sale to the public; (11) Carcasses of animals not buried or destroyed within twenty-four (24) hours after death: (12) The keeping of horses, cattle, swine, sheep, goats, rabbits, dogs, or other animals or fowl so as to result in offense odors or disagreeable noises to the discomfort of adjacent property owners, and allowing any animal or fowl to run at large; "at large" means off the premises of the owner and not under restraint, and "owner" means any person who shall own, harbor, keep or have custody of an animal, or the parents or guardians of a person under eighteen (18) years of age who shall own, harbor, keep or have custody of an animal. Cross reference-Other animal nuisances, § 5-20. (13) Placing paper, litter or debris on public or private property, or throwing paper, litter or debris from motor vehicles; (14) Causing or permitting ,any unnecessary noises or annoying vibrations. (15) The pollution of any public well, stream, river, lake or body of water by sewage, creamery, or industrial wastes. (16) Breeding sites of the Aedes Triseriatus (tree hole mosquito) including but not limited to: the basal holes of hardwood trees, unused tires (not mounted on wheels), pots, pans, cans, pails, bottles and other containers left outdoors in which water or debris may accumulate: (17) All other acts, omissions, occupations and uses of property which are a menace to the health of the inhabitants of the city or a considerable number thereof. Cb) The following are nuisances affecting public morals and decency: (l) Any ,::ehicle used for the illegal transportation of intoxicating liquor: (c) The following are nuisances affecting public peace and safety: (l) All snow and ice not removed from public sidewalks within twelve (12) hours after the snow and ice has ceased to be deposited thereon: (2) All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one,half of their original value, or which are in such a hazardous condition or so situated as to endanger the safety of the public: Supp. No, 7 724 NUISANCES § 13·2 (3) All explosives, inflammable liquids and other dangerous substances or materials stored or accumulated in any manner or in any amount other than that provided by law or ordinance; (4) An use, possession or display offU'eworks except as provided by law or ordinance; (5) All buildings and structures, and all alterations thereof made, erected or altered in violation of ordinances concerning the manner of construction and the materi- als used therein; (6) Obstructions and excavations affecting the use of public streets, alleys, side, walks or public grounds, except under such conditions as are provided by ordi· nance; and any other excavation left unprotected, uncovered or allowed to exist in such manner as to attract children or to constitute a hazard to the public; (7) The piling, storing or keeping of old machinery, wrecked or junked vehicles, or other junk or debris upon open spaces; "junked vehicle" means a vehicle that is not registered and which does not possess a current state automobile license, but the license is not to be the sole factor determining the. status of the vehicle; (8) Obstructing traffic and the free use of public streets or sidewalks; (9) All hanging signs, awnings and other similar structures over public streets or sidewalks, or so situated as to endanger public safety, not constructed and maintained as provided by law or ordinance, or without proper permit; (10) Permitting rain, water, ice or snow to fall from any building on any public~street or sidewalk or to flow across any public sidewallk; (11) All dangerous unguarded machinery, equipment or other property in any public place, or so situated or operated on private property as to attract minor children; (12) Placing entrance culverts, or doing any act which may alter or affect the drain· age of public streets or alleys or the surface or grade of public streets, alleys or sidewalks without proper permit; (13) Making repairs to motor vehicles, or tires in public streets or alleys, excepting only emergency repairs which will not unduly impede or interfere with traffic; (14) Throwing, placing, depositing, or burning leaves, trash, lawn clippings, weeds, . grass, or other material in the streets, alleys or gutters; (15) Erecting, painting or placing of unauthorized traffic signs or advertising signs in streets, or alleys or on sidewalks; (16) All trees, hedges, billboards or other obstructions which prevent a clear view of traffic approaching an intersection in sufficient time to bring a motor vehicle driven at a reasonable speed to a stop before the interseCtion is reached; (17) Any dog which shall kill, wound or harass any other domestic animal; Supp. No, 4 72'5 § 13-2 Supp. No. 4 CHANHASSEN CITY CODE (18) Any dog which habitually barks in such manner as to disturb the peace; (19) Any dog which harasses, chases or molests horses, motor vehicles or persons; (20) To leave any unused ice box, refrigerator, cooler or other box with a door thereon which will exclude air when shut; (21) All other conditions, acts, or things which are liable to cause injury to the person or property. (22) General prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety or welfare of any person or precludes their enjoyment of property or affects their property's value. This general prohi- bition is not limited by the specific restrictions of the following subdivisions: a. Participation in rwÏ$y parties or gatherings. No person shall participate in any party or other gathering of people giving rise to noise, disturbing the peace, quiet, or repose of another person. When a law enforcement officer determines that a gathering is creating such a noise' disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a law enforcement officer to do so. Every owner or tenant of such premises who has knowledge of the distur. bance shall make every reasonable effort to see that the disturbance is stopped. b, Permit necessary for loudspeakers and similar devices. No person shall use or operate, or cause or allow to be used or operated, in any public street or place, or from any aircraft, or in front of or outside of any public or private building, place or premises, or in or through any window, doorway or opening of such buildings, place or premises, abutting on or adjacent to any public street or place, any device, apparatus or instrument for the amplification of the human voice or any other sound or noise, or any other sound,making or sound- reproducing devices, without a written permit from the city. Application for such permit shall be made to the public safety director on forms to be pro- vided by the city. "The application sl1a1l require, among other information, the hours and location of the proposed use. If the proposed use complies with the provisions of this article and other applicable ordinances of the city, the permit shall be granted. The fee for such permit is set at ten dollars ($10.00). c. Impermissible animalrwise. No person owning, operating, having charge of, or occupying, any building or premise shall keep or allow to be kept, any animaI which shall, by any noise, unreasonably disturb the peace and quiet of any person in the vicinity. The phrase "unreasonably disturb the peace and quiet" shall include, but is not limited to, the creation of any noise by any animal which can be heard by any person, including a law enforcement officer or animal control officer, 726 NUISANCES § 13·3 Crom a location outside of the building or premises where the animal is being kept and which animal noise occurs repeatedly over at least a five-minute period of time with one minute or less lapse oC time between each animal noise during the five-minute period. (23) Hourly restrictions on certain operations. a. Recreational vehicles. No person shall, between the hours of 9:00 p.m. and 7:00 a.m., drive or operate any minibike, all terrain vehicle, snowmobile, or other recreational vehicle not licensed Cor travel on public highways. This subsection (23)(a) does not apply to snowmobiles lawfully using roadways or authorized trails. b. Refuse hauling. No person shaII collect or remove garbage or refuse in any residential district except between the hours of 6:30 a.m. and 6:00 p.m. on any weekday or during these same hours to accommodate recognized na· tional holidays or a special pickup. c. Construction, TTIllintenance and repair activities. No person shaII engage in or permit construction, maintenance or repair activities creating noise, in- cluding, but not limited to, the use oC any kind oC electric, diesel, pneumatic, or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on Saturday, and no such activity is permitted on Sundays or on the following public holidays: New Years Day, Memorial Day, Indepen- dence Day, Labor Day, Thanksgiving Day and Christmas Day. Residential construction, repairs or maintenance, including lawn maintenance, con· ducted by the homeowner or occupant shaII be permitted between the hours of 8:00 a.m. and 9:00 p.m. on Sundays and public holidays. The use of elec· tronic insect deterrents (aka, "bug zappers") is limited to use between the hours of 9:00 a.m. and 9:00 p.m. during the seven (7) weekdays. Residential snow removal is not limited by this section. d. Violation of this subsection is a misdemeanor. (Ord. No. 22, §§ 2-5, 2·5·68; Ord. No. 22A, § 1, 10-8-79; Ord. No. 22B, §§ 1, 2, 4,15,85; Ord. No. 159, § 1, 2, 11-18-91) Sec. 13-3. EnCorcement. It shall be the duty of the city manager to enforce the provisions of this article, and the council may delegate to other officers or agencies of the city power to enforce particular provisions of this article, including the power to inspect private premises. The officers charged . with enforcement of this article shall take all reasonable precautions to prevent the commis- sion and maintenance of nuisances. (Ord. No. 22, § 6, 2-5-68) Supp. No. 4 727 §l3-4 CHANHASSEN CITY CODE Sec. 13-4. Abatement. (a) Whenever, in the judgment of the officer charged with enforcement of this article, it is determined that a nuisance is being maintained or exists with the city, such officer shall notify in writing the person committing or maintaining such public nuisance and require him to terminate and abate said nuisance and to remove such conditions or remedy such defects. (b) The written notice shall be served on the person committing or maintaining said nuisance in person or by certified mail. If the premises are not occupied and the address of the owner is unknown, service on the owner m!iy be had by posting a copy of the notice on the premises. The notice shall require the owner or occupant of such premises, or both, to take reasonable steps within a reasonable time to abate and remove the nuisance, the steps and time to be designated in said notice, but the maximum time for the removal of the nuisance after service of the notice shall not in any event exceed thirty (30) days, Service of notice may be proved by filing an affidavit of service in the office of the city clerk setting forth the manner and time of service of said notice, (c) When an order so given is not complied with, such fact shall be reported forthwith to the council for such action as may be deemed advisable to abate and enjoin the further continuation of the nuisance. (d) If after service of the notice, the person served fails to abate the nuisance or make the necessary repairs, alterations, or changes in accordance with the direction of the council, the council may cause such nuisance to be abated at the expense of the city and recover such expenditure, by civil action against the person or persons served. If service has been had upon the owner or occupant, the council may order the city clerk to extend such sum, as a special assessment against the property upon which the nuisance existed and to certify the same to the county auditor for collection. (Ord. No. 22, §§ 7, 8, 2-5-68) Sec. 13-5. Violations. Any person who shall cause or create a nuisance, or permit any nuisance to be created or to remain upon any premises owned or occupied by him, and any person who shall fail to comply with any order made under the provisions of this article shall be guilty of a misdemeanor. (Ord. No. 22,19, 2-1;-68; "Ord. No. "22-A, § 2, 10-8-79) Sees. 13-6-13-20. Reserved. ARTICLE n. JUNKED OR ABANDONED VEHICLES· Sec. 13-21. Definitions. The following words, terms and phrases, when used in this article, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning: ·Cross reference-Motor vehicles and traffic, Ch. 12. State law refe.rence-Abandoned motor vehicles, M.S. § 168B.Ol et seq. Supp. No. 4 728 Planning Commission Meeting - April 19, 2000 PUBLIC HEARING: CONSIDER AN AMENDMENT TO ARTICLE XXIII. GENERAL SUPPLEMENT REGULATIONS. DIVISION 3. HOME OCCUPATIONS. TO CREATE A PURPOSE STATEMENT. ELIMINATE PERMITTED USES AND SPECIFICALLY PROHIBIT THE OUTDOOR STORAGE OF MATERIALS AND EQUIPMENT IN CONJUNCTION WITH THE HOME OCCUPATION. Public Present: Name Address Boyd Peterson 9860 Pioneer Trail Cindy Kirchoff presented the staff report on this item. Peterson: Cindy, we've seen this a couple of different times and are the changes noted in here now, are they the changes from the original or the changes from the last time we saw it? Kirchoff: There weren't too many changes from the time that it was at the work session. They were just comments. I addressed the comments that the Planning Commission did have, You seemed to be in agreement with what staff had proposed, So it's pretty consistent with what was presented to you back in February. Peterson: Okay. Other questions of staff? Okay, thank you. Motion and a second for a public hearing please. Kind moved, Burton seconded to open the public hearing. The public hearing was opened. Peterson: This is a public hearing. Anyone wishing to address the commissioners, please come forward and state your name and address please. Boyd Peterson: Yeah the name's Boyd Peterson. I'm at 9860 Pioneer Circle and got a situation I've been dealing with for well too long regarding a home occupation that's ballooned to a point to where it's very irritating and upsetting, not only to me but to my wife and my family. I've been dealing with Cindy, the Sheriff's Department, Roger Knutson. This is regarding ofthe Mike Nelson Masonry contracting business at 9870 Pioneer Circle. I've got a number of things here. I've been working on this for well over a year. It started out as a business by Christopher Branvold from '83 to '91. Mr. Nelson is grandfathered in according to what he determined through lawyers and a lot of money and some issues with the city. Number one, I've got a lot of things here to talk about. I'll try to be quick with them. Obviously things have changed drastically since '87. Mr. Nelson got grandfathered in because of this business was here from '83 to '91, which made him liable to have a similar business because he carried it over because it was not an abandoned use of that contractor's lot. At the time Mr. Branvold had one dump truck, one Chevy S-l 0 bidding truck and one standard Chevrolet truck, a bobcat and a trailer and his cement mixer. Currently Mr. Nelson, one more thing on Branvold, he had 5 to 10 workers. 10 workers 3 Planning Commission Meeting - April 19, 2000 was always max. And he did most of the work himself. Right now Mr. Nelson has over 30 employees, six day a week plus operation. Vehicles start anywhere between 5:30 and 6:30, 7:00 each and every morning. He's got 5 full size dump trucks on site. He's got 3 or 4 additional trucks that show up throughout the day. He's got I don't know how many pallets of stone, pallets, junk, tarps. You wouldn't believe it. He's got 5 trailers on site. 2 bobcats that are normally on site. He's got 2 diesel fuel barrels on site. That's where all these vehicles come and go daily to fuel up these vehicles. Take in mind most of this activity takes place within 20 to 30 feet of my house. The smell of the diesel fuel is a daily thing and it gets worse when we get south and southeast wind. We can't open our windows on that side of the house because of the fumes from these trucks. I've got pictures. The city's got pictures. Cindy was out there. It's appalling. It's ridiculous okay. 6:00 in the morning and they warm these diesel vehicles up, Every one of these vehicles are diesel vehicles. In the winter time they let them warm up 15-20 minutes. Unfortunately for me my house faces that direction and when these diesel trucks are warming up. not only do I get the odor but the inside of my home vibrates and it hums from these vehicles warming up. And honestly we cannot put pictures up on that one side of our wall because we've lost them from them trucks running up. Okay, through today we've got bobcats. We've got 3-4 workers constantly out there doing work in our back yard. Okay, enough of that. Okay, not Branvold didn't have 20% of what's going on right now there. Okay. I've had some people that were real estate people, With this business in my back yard, if! wanted· to sell tomorrow it would cost me approximately $30,000 in depreciation because of that business. Take in mind that every bit of this contractor lot which is within 20-25 feet of our house. is probably 60 to 70 yards away from Mr, Nelson's home, pool, patio area. So he's not affected by this at all. He's got fencing that blocks his view of his contractor lot. Okay. We've got four kids. I've got a kid 5, 7, 9 and II. They've got a play area which they call the field. It's right adjoining to Mr. Nelson's driveway where he's got his workers that come and go daily. Not only the workers trucks to get in the trucks, but the trucks themselves. I've witnessed several times where trucks have had to stop because they had to wait for my kid to go get a ball that accidentally got kicked over there because there is no fence there. Number 4 here, We're starting to get a little concerned with the safety of our kids out there obviously. Number one, we don't know who these people are that are coming and going. They're in our back yard daily. They know exactly what's going on. They know who are kids are. Okay, he's grandfathered in. He cannot expand. He's subject to the City's nuisance ordinances. He's subject to the City's general police powers. Numerous times I've called the Carver County Sheriffs Department because that was the only thing that Cindy said, that they've got to witness what's happening. They've showed up several times over there and there's yet to be a ticket issued. Why I don't know. Probably because if somebody shows up, one time deal. Boy this ain't no big deal. These guys are leaving and they're gone. These officers obviously have no idea what's going on there. Okay, so nothing's getting done there. Okay. Expansion. What is expansion? Mr. Branvold sent a copy to. Peterson: Can I interrupt this for a second? It may be best if you paraphrased your comments as it relates to what we've got in front of us tonight which is a zoning ordinance amendment. I'm trying to piece together your comments, which are good.,. Boyd Peterson: I'm getting down to the end here. 4 Planning Commission Meeting - April 19, 2000 Peterson: Well I'm not trying to cut you off. I just want to try to, as it relates to what we've got in front of us tonight, which is an amendment to the zoning ordinances, Boyd Peterson: Yeáh, I caught a little bit of it in the end, yeáh. I just walked in but, Peterson: So what's your, what do you want to see...? Boyd Peterson: Well the number one reason is, I have as many rights right there as a tax paying citizen. Why should I have to deal with what's going on on a daily basis? Branvold said he had all, you know he's got, he had 5 to 10 people that he had, what's it say here? He had 2 trucks, 2 dump trucks. 2 mixers, 3 pick-up trucks. It's all baloney, okay? Obviously Mr. Nelson did a little talking with them prior to this and had him say whatever. So what I'm really upset about here, number one is the hours of operation. Why ain't nothing being done about it? He's expanded 4 times what Mr. Branvold had. You know is a contractor supposed to have a fence around his yard? His entire contractor yard? That's not over there. There's a fence around partial of it. That's it. Just how much stuff can fit on the site? How many workers can come and go on a daily basis? Fuel tanks. Propane tanks. This stuff is 20 to 15 feet away from my garage. Grandfathered claused in. Mr. Knutson told me that this can be grandfathered in as long as there's a world. To what? To what Nelson's got now? Of30 people and all his stuff happening or to where he got grandfathered in how Branvold was? I mean bottom line is, you know I don't know where else to go with this and I seen this in the paper. You know Cindy said hey, this is coming up. I don't know ifit's the proper place to say it or not but I think I've got rights and nothing's happening over there. Peterson: Yeáh, and that's the point is that unfortunately what we have before us tonight is not the forum that. we can't as a group do anything regarding your special situation, We set, and tonight we 11 discuss this zoning ordinance amendment but as far as existing things that are there, like this one is grandfathered in. We don't have any authority or impact on that. Unfortunately I wish, hearing your frustration I can empathize but. Boyd Peterson: I mean you wouldn't even want to live where I live. Peterson: And I wouldn't disagree or agree with that but more importantly, there's nothing that we as a group tonight can help you with. Because what we have in front of us tonight is, it relates to that but your. Boyd Peterson: Well I know that. Peterson: Your situation is, it's outside of our bounds of máking any kind of recommendation or comments really. And I don't know Kate, if there's another forum that he can potentially use that's more salient to the situation than we are but. Aanenson: Well I can give you a brief history. I don't think now's the appropriate time. There was lengthy legal issues on this case. Obviously he's not happy with that results and is trying to 5 Planning Commission Meeting - April 19, 2000 seek some relief. This ordinance, we do not allow contractor's yards. We haven't for a number of years. This ordinance does not propose contractor's yards for this exact reason. But there are some legal rights that had been addressed by the City. Boyd Peterson: Well that's what I'm saying. That's fine. He's grandfathered in but ifhe's grandfathered in at the expansion of Mr. Branvold's, Aanenson: Again this isn't the right forum to address that. Peterson: That's my point and I empathize. Boyd Peterson: Well that's fine, You know you people know what's going on. I guess I'm not done with the situation until, I'm still not happy with number one, the hours of operation and why this individual ain't getting nuisance tickets and I guess I should have called Cindy to see if I should come up tonight or not. I just read it in the paper and I went well, this looks like something that goes with this you know. I was going to come up in another one. That might have been the work study one that you said that no, that ain't the one. So then all of a sudden this was a public one so oh, well this must be the one, Peterson: And that's fine. I guess what we're doing tonight is to help prevent this from happening in the future, as Kate already noted so. Boyd Peterson: Yeáh, okay, Peterson: So there's nothing we can do retroactive. Boyd Peterson: Well, basically Roger Knutson basically told me that it comes down to a money issue. He doesn't really want to tie up a lot of the City's money legal issues to fight this battle. Peterson: Again, I empathize and I feel the empathy for you but this isn't the forum that we can help you. Boyd Peterson: Well all right. Well then you heard it and you're one of the few that everybody's been hearing it and everybody that comes to my place sees it and they say this is ridiculous. You can surely do something about that. Well, nothing's happening and I hope that if anybody else experiences in the future, they don't experience what I am because it's getting to be you know, rmjust ready to boil over on the whole deal. Thanks, Peterson: Anyone else? Motion to close? Kind moved, Blackowiak seconded to close the public hearing. The public hearing was closed. Peterson: Comments from commissioners. Anything? 6 Planning Commission Meeting - April 19, 2000 Blackowiak: Mr. Chair I have one little word I would like to add. I think I talked about this before. Section 20-1. Definitions, I would like to see in the Definitions, carried out for potential gain.. And the reason is that if somebody actually had a loss for a year, they could come back and say well, there was no gain. Therefore it doesn't apply to me so. I would it's word stripping but just a little one. Peterson: Anything else? Burton: Mr. Chairman, I think we've talked about this before and I think the staffs taken our comments into consideration and I just think that the comments made by Mr. Peterson show that, the importance of getting these issues cleaned up. Peterson: Agreed. Kind: And I'd just make it clear to Mr, Peterson that this ordinance prohibits the kind of activity that you're having problems with so, it's a good ordinance. Boyd Peterson: Too bad he found the loophole. And now we can't go back and review the expansion because...! had no problem with the size of Branvold's but not what's going on. Peterson: Okay, thanks. I'll entertain a motion please. Sidney: I'll make the motion. That Planning Commission recommends approval ofthe amendment to Section 20-1, Section 20-976, Section 20-978, and Section 20-985 as outlined above. Kind: Second with Alison's word addition? Which was what? Blackowiak: Potential. Kind: Adding the word potential underneath Definitions. The 20-1 section. Activity or use carried out for potential gain by a resident. Peterson: Good. Friendly amendment accepted? Sidney: Yes. Peterson: It's been moved and seconded. Any further discussion? Sidney moved, Kind seconded that the Planning Commission recommends approval of the amendment to Section 20-976, Section 20-978, and Section 20-985 as proposed by staff. Section 20-1. Definitions amended to read: Home occupation means an occupation, profession, activity or use carried out for potential gain by a resident that is clearly a customary, incidental and secondary use of a 7 Planning Commission Meeting - April 19, 2000 resident dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood, All voted in favor and the motion carried unanimously. PUBLIC HEARING: M.J. GORRA REOUEST TO REZONE 3.98 ACRES OF PROPERTY ZONED A2. AGRICULTURAL ESTATE TO lOP. INDUSTRIAL OFFICE PARK. SITE PLAN APPROVAL OF A 10.270 SO. Fr. OFFICE BUILDING WITH VARIANCES. AND A CONDITIONAL USE PERMIT TO CONSTRUCT A BUILDING IN THE BLUFF CREEK OVERLAY DISTRICT LOCATED IN THE SOUTHWEST CORNER OF COULTER BOULEVARD AND STONE CREEK DRIVE. STONE CREEK OFFICE BUILDING. Public Present: Name Address Mary & Richard Frasch Mark Foster Matt Mesenburg Angela Schlender John Ringstrom Mike Gorra Charlie Radloff 8000 Acorn Lane 8020 Acorn Lane 2428 Hunter Drive 6801 Brule Circle 126 Lakeview Road East 1680 Arboretum 4441 Claremore Drive, Edina Cindy Kirchoff presented the staff report on this item. Peterson: Questions of staff? Just a note Cindy. This is one of the few ones recently where we didn't get a color rendering of and it just makes it more difficult to visualize the real character of the building. Questions of staff? Sidney. I've got one question Cindy. Mr. Chair. Wondering about impervious surface. What's the percent? That wasn't listed. Kirchoff: They don't have it indicated on the site plan and in that particular district 70% of the site can be covered with hard surface and I'm certain they are lower than that but we can add that condition that they require that if you'd like. Peterson: Other questions? Burton: Mr. Chair, one question. I was just thinking about the parking variance. Are we concerned at all that there might not be enough parking now? 8 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE ZONING ORDINANCE The City Council of the City of Chanhassen ordains: S""tinn 1. Section 20-1, Definitions, of the Chanhassen City Code shall hereby be amended by adding the following: Home occupation means an occupation, profession, activity or use carried out for potential gain by a resident that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. S""tinn? ARTICLE XXIII. GENERAL SUPPLEMENTAL REGULATIONS, DIVISION 3. HOME OCCUPATIONS, Section 20-976 is hereby amended as follows: Sec, 976. Purpose, The purpose of this ordinance is to regulate home occupations in residential zoning districts to ensure that they are incidental to the primary residential use of the property and to establish standards by which home occupations can be conducted without compromising the character of the residential neighborhood. Sec. 20-977. Subordinate use. The use of a dwelling unit for any home occupation shall be clearly incidental and subordinate to its residential use. Not more than twenty-five (25) percent of the floor area of one (I) floor of a dwelling unit shall be used in the conduct of the home occupation. No garage or accessory buildings except accessory agricultural buildings existing on February 19, 1987 shall be used for any home occupation. Sec. 20-978. Occupations prohibited, (I) Contractors' yards/landscaping businesses. Sec, 20-979. Outside appearance. The home occupation shall be conducted entirely within a fully enclosed building. No change in the outside appearance of the building or land, or other visible evidence of the conduct of the home occupation shall be permitted. Outdoor storage of anything is prohibited in connection with a home occupation. I /1 J.J-. '" J I ..K: / / Sec. 20-980. Hours of operation. The hours of operation of any home occupation shall be limited to between 8:00 a.m. and 8:00 p.m. Sec. 20-981. Use of equipment. No mechanical or electrical equipment requiring the use of voltage in excess of two hundred twenty (220) volts single phase shall be used in the conduct of a home occupation, Sec. 20-982. Traffic and parking. . No traffic shall be generated by any home occupation in greater volume than would be normally be expected in a residential neighborhood, and no home occupation involving the need for more than three (3) parking spaces for the occupants and visitors shall be permitted. Adequate off-street parking facilities required to service the home occupation shall be provided on the premises, but no such parking facilities shall be established within any required front or side yard, except upon an established driveway. Sec. 20-983. Retail and wholesale sales prohibited. No commodities, merchandise or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. Sec. 20-984. Nonresident employee. Only one (I) nonresident of the dwelling unit may be employed upon the premises of a home occupation. Sec. 20-985. Commercial equipment and vehicles. Exterior parking of trailers, steer skid loaders, landscaping equipment, cement mixers, and other similar types of equipment used in conjunction with the home occupation is prohibited. Parking of commercial vehicles in excess of22 feet in length is prohibited, No commercial vehicles in excess of nine thousand (9,000) pounds gross weight shall be used in connection with the home occupation or parked on the property. S""tinn , This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this _ of 2000, 2 ATTEST: Scott A, Botcher, City Mananger (published in the Chanhassen Villager on Nancy K. Mancino, Mayor ) 3 SUMMARY ORDINANCE HOME OCCUPATION ORDINANCE AMENDMENT The purpose of this ordinance amendment is to regulate home occupations in residential zoning districts to ensure that they are incidental to the primary residential use of the property and to establish standards by which home occupations can be conducted without compromising the character of the residential neighborhood. Passed and adopted by the City Council this _ day of ,2000. Scott A. Botcher City Manager (Published in the Chanhassen Villager on ). ~ .J.-.h-. n Iu... n , j fl t:)