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HomeMy WebLinkAbout97-18 RESOLUTION 97-18 OVERTURNING THE RECOMMENDATION OF THE PLANNING COMMISSION IN THE MATTER OF AN APPEAL OF A DECISION OF THE ZONING OFFICER RELATING TO A HOME OCCUPATION, CASE NO. 97-005, DENYING THE APPROVAL OF A HOME OCCUPATION FOR MARK MICHAEL ON PROPERTY LOCATED AT 4190 EAU CLAIRE TRAIL MOTION BY: KEDROWSKI WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, SECOND BY: MADER The Ordinance that existed prior to the current ordinance allowed the City Planning Commission to issue permits for home occupations such as an art studio, dress making, teaching or professional offices for a physician, engineer, architect or accountant; and In 1996, the ordinance was amended to prohibit home occupations in accessory structures, whether attached or detached, and to prohibit retail sales and warehousing activity; and Mr. Michael's home occupation consists of warehousing food and products for vending; and The City investigated a complaint relating to the home occupation Mr. Michael was conducting and the requirement to have a permit; and Mr. Michael's has been operating this home occupation from his current residence and previous residence in Prior Lake, since 1989; and the nature of his business is the warehousing and distribution of food products; and Food/vending warehouse and distribution requires a state license, which the Department of Agriculture does not have a record that Mr. Michael applied for or was granted a state license; and Mr. Michael's Realtor obtained a copy of the home occupation ordinance and shared the ordinance with the developer of Windsong and the Windsong Home Owners Association; and The Realtor, Developer and Windsong Neighborhood Association determined the business Mr. Michael's was operating from his home did not require a home occupation permit; and The Prior Lake City Council conducted a hearing on the 3rd day of March 1997, to act on an appeal by Mark Michael of the Zoning Officer's denial of a request to approve the warehousing business operated from home as a home occupation and to grant a home occupation permit; and The Planning Commission has recommended the City Council overturn the decision of the Zoning Officer: 16200 Ba~IW<<t~qb.ij~p~~.~~~~49~, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~gt47-4245 AN EQUAL OPPORTUNITY EMPLOYER NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: FINDINGS 1. The appellant has been operating a warehousing, distribution and vending business d/b/a M&M Vending, from his home since 1989. The property is located in the Windsong neighborhood and legally described as: Lot 4, Block 5, Windsong on the Lake The business involves the receipt at the appellant's home of products produced off-site, the warehousing of those products in a attached garage and the subsequent delivery of those products to various vending machines. 2. City Code permits certain home occupations. A home occupation permit is required in order to operate a home occupation. 3. A warehousing and distribution business is distinguished from a home occupation in that the goods and services are not produced within the home, as required by the City Code. 4. There is no written evidence Mr. Michael's ever applied for or was granted a home occupation permit. 5. The appellant is not eligible for a home occupation permit because the warehousing or distribution of products not produced on the site is prohibited under the ordinance. 6. The Minnesota Department of Agriculture advised the City it has no record that Mr. Michael ever applied for or received a state license to store or handle food products. 7. The decision by Mr. Michael's Realtor, developer and Windsong Home Owners Association that a home occupation permit was not necessary is not binding on the City Council. 8. The City Council finds that warehousing was not a permitted home occupation under the ordinance in effect in 1989, when the Michael's built their home. The ordinance in effect in 1989 allowed the City to issue home occupation permits for only those types of activities listed in the ordinance or similar thereto. If a home occupation was not enumerated or similar to an enumerated use, it was not eligible to receive a home occupation permit and therefore prohibited. 9. Upon investigation of the complaint, the Zoning Officer determined (1) Mr. Michael was conducting a warehouse/distribution operation and (2) such an operation was not permitted under the City's Zoning Code. 10. Mr. Michael appealed the decision of the Zoning Officer to the Planning Commission. 11. The Planning Commission reviewed the materials and facts contained in Case File #97-005, held hearings thereon on February 10, 1997, and recommended overturning the decision of the Zoning Officer. r:\council\resoluti\planres\rs9718cc.doc Page 2 12. On March 3, 1997, the Prior Lake City Council reviewed the appeal and the recommendations of Planning Commission at a regularly scheduled City Council meeting. 13. Neighborhood opposition or support, in and if itself, is not sufficient basis to justify a zoning decision. 14. The City Council has considered the effect of overturning the decision of the Zoning Officer upon the health, safety, and welfare of the community. The City has a legitimate interest in assuring that property owners comply with all applicable zoning regulations pertaining to the use of their parcel. 15. The City Council finds that the applicant/appellant does not meet the standards for a home occupation as set forth in Section 5-5-8 of the City Code, and that the appellant has not set forth adequate reasons for overturning the decision of the Zoning Officer. 16. Upholding the decision of the Zoning Officer would require the appellant to comply with Section 5--5-8 of the City's Zoning Ordinance and either discontinue the warehousing operation or relocate the existing business activities to a zoning district which would permit warehousing. 17. The contents of Planning Case File #97-005 are hereby entered into and made a part of the public record and the record of the decision for this case. CONCLUSION Based upon the Findings set forth above and the contents of Planning Case File #97-005, the City Council hereby upholds the decision of the Zoning Officer and over rules the recommendation of the Planning Commission. Mr. Michael's warehousing, distribution, vending business was not permitted under the ordinance in effect in 1989 and therefore is not eligible to be "grandfathered." Mr. Michael's warehousing, distribution, vending business does not meet the criteria in Section 5-5-8 of the City Code for a home occupation. 1. The appellant must cease or relocate the home occupation to met the criteria of the ordinance (Section 5-5-8) to obtain a home occupation permit as required by City Code. r:\council\resoluti\planres\rs9718cc.doc Page 3 Passed and adopted this 3rd day of March, 1997. YES Andren ABSENT Andren Greenfield ABSENT Greenfield Kedrowski X Kedrowski Mader X Mader Schenck X Schenck NO {Seal} (/ r:\council\resoluti\planres\rs9718cc.doc Page 4