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HomeMy WebLinkAbout[07] Special Home Occupation, Cherrico Pottery Council Agenda Item 7 MEETING DATE: February 18, 2020 AGENDA ITEM: Special Home Occupation, Cherrico Pottery SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (6-0) recommends approval of the Special Home Occupation Permit. PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: Joel and Sienna Cherrico have requested a special home occupation permit to operate their pottery business at 29055 County Road 121. The property is 1.16 Acres in size, zoned R-1 Single Family Residential District and has an existing single-family home with attached garage, and detached garage. The applicants have a purchase agreement on the property. The City has an ordinance regulating home occupations. An art studio is a permitted home occupation provided that only the residents of the property, and one additional employee operate the home occupation. Additionally, operation of the home occupation is to be conducted in the house rather than an accessory structure (attached or detached). The applicant is proposing to operate the business in a 3,000 Square Foot detached garage in which 600 SF is an office and 2,400 SF is a heated shop that would be used for making pots. One full-time employee and two part-time employees are proposed. A special home occupation permit may be granted after a review by the Planning Commission and City Council. In reviewing and granting a special home occupation permit, a finding must be made that the home occupation is secondary, meaning incidental to the principal use as a residential home. The home occupation must not change the residential character of the property and be incompatible and disturb the surrounding residential uses. The maximum term for an initial home occupation permit shall be one year. BUDGET/FISCAL IMPACT: None ATTACHMENTS: Resolution 2020-005 Location Map Application REQUESTED COUNCIL ACTION: Motion to Approve Resolution 2020-005 Adopting Findings of Fact and granting a special home occupation permit for an art studio. RESOLUTION 2020-005 Adopting Findings of Fact and Approving a Special Home Occupation Permit for an Art Studio WHEREAS, Joel Cherrio and Sienna Cherrico, hereinafter referred to as “Applicant,” have properly applied for a special home occupation permit for an art studio on the property generally described as 29055 County Road 121, St. Joseph, MN (“Subject Property”); and WHEREAS, the St. Joseph Planning Commission reviewed the request and recommended approval of the special home occupation permit on February 10, 2020; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby makes the following Findings of Fact: 1. That the Subject Property is zoned R-1, Single Family Residential District and an art studio operated in an accessory structure may be permitted contingent on approval of a special home occupation permit. 2. That the home occupation will not be detrimental to or endanger public health, safety, morals, comfort, or general welfare of the neighborhood and will be harmonious to the to the objectives of the Comprehensive Plan of the City. 3. That the art studio will be located within the existing detached garage on the Subject Property which is 1.16 Acres in size, 231 +/- feet from CR 121, located in the back yard, and therefore, it is designed and constructed and will be operated and maintained so as to be harmonious and appropriate in appearance with character of the area and will not be hazardous or disturbing to existing or future neighboring uses. 4. That adequate utilities and services, including utilities, streets, drainage and other necessary facilities have been provided and will not create excessive additional costs for services and/or be detrimental to the economic welfare of the community. 5. That the home occupation will not involve activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. That the existing access from County Road 121/College Avenue South provides access to the Subject Property which will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 7. That the existing driveway will provide sufficient off-street parking to serve the proposed use. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on the aforementioned Findings of Fact, the St. Joseph Planning Commission recommends the St. Joseph City Council issue a special home occupation permit (“Permit”) to allow the operation of an art studio in a detached garage on the Subject Property. 2. The property owner will manage the Subject Property in compliance with the St. Joseph Code of Ordinances. 3. The home occupation on the Subject Property shall be limited to one full-time employee and two part-time employees. Such part-time employees shall not exceed 20 hours per week per employee. 4. That operation of the home occupation shall be limited to the existing 3,000 Square Foot detached garage as proposed. 5. That outdoor storage of equipment or materials used in the home occupation on the Subject Property is prohibited, except for personal automobiles. 6. That there shall be no retail operations on the Subject Property. 7. The property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 8. Revocation: The City Council shall revoke the home occupation permit if it determines that the terms and conditions of the permit as issued are no longer being complied with. 9. Expiration: The Permit shall expire within one year on February 18, 2021. 10. The Zoning Administrator and/or his/her designee shall have the right to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of the permit and City Ordinance. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18th day of February, 2020. CITY OF ST. JOSEPH By Rick Schulz, Mayor ATTEST By Kris Ambuehl, City Administrator Home Occupation Permit, 29055 CR 121 Legend Road Labels Roads Parcels (aerial overlay) 080160320 Auditor/Treasurer Feet Division of Land Management ± Data is as represented in Stearns County February 5, 2020 Databases, It is NOT Intended for Locational Use and Stearns County waives all liability from this product.This map is made available on an "as is" basis, without express or implied warranty of any sort including, specifically, any implied warranties of fitness for a particular purpose, warranties of merchantability or warranties relating to the accuracy or completeness of the database(s).