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HomeMy WebLinkAboutResolution 2023-62 Heidecker Garage CUP and IUPCity of Corcoran County of Hennepin State of Minnesota RESOLUTION UMU. 2023-62 Motion By: Bottema Seconded By: Vehrenkamp July 2 7, 2023 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE WITH INCREASED SIDEWALL HEIGHT AND AN INTERIM USE PERMIT FOR A CONDITIONAL HOME OCCUPATION LICENSE FOR TYLER HEIDECKER AT 7985 EAGLE RIDGE ROAD (PID 22-119-23-42-0009) (CITY FILE 23-009) WHEREAS, Tyler Heidecker, the applicant and landowner, requested approval of an interim use permit for a conditional home occupation license (CHOL) to allow a home remodeling business and a conditional use permit to allow a taller accessory building at property legally described as follows: see Attachment A WHEREAS, the Planning Commission reviewed the interim use permit for a conditional home occupation license and conditional use permit at a duly called Public Hearing and recommends approval, and, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request, subject to the following findings and conditions: 1. An interim use permit is approved, in accordance with the application received by the City on April 4, 20237 and additional information received On April 211 20231 April 25, 2023, May 10, 2023, and July 5, 2023, except as amended by this resolution. 2. The Zoning Ordinance allows Conditional Home Occupation Licenses and the applicant shall comply with all home occupation standards, except as specifically modified per this resolution. 3. The applicant shall comply with all conditions of the City Engineer's memo dated June 27, 4. The Interim Use Permit for the Conditional Home Occupation License is issued to Tyler Heidecker for the operation of "Heidecker Home Remodeling". This permit is non- transferable. The Permit shall terminate upon any one of the following: a. If the business ceases. b. If property ownership changes. c. If ownership of the business changes. d. If the individual to whom a license has been issued ceases to live at the subject premises. 5. The Conditional Home Occupation License is approved based on the finding that the standards in Section 1030.100, Subd. 7 and Section 1070.030 have been met. Specifically: Page 1 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2023-62 July 27, 2023 a. The applicant is requesting the conditional home occupation license to operate a home remodeling business from the proposed new accessory building on the property. The business has no employees other than the homeowner. b. There is nothing to indicate that the use of the accessory building would devalue adjacent and surrounding properties. c. The proposed workshop is enclosed and will not generate any nuisance conditions related to odor, light, or glare. Some noise is expected related to woodworking or similar activities. d. There are no environmental concerns, including but not limited to drainage, wastewater, wells and wetland issues related to this project. e. The home occupation appears to have no impact on neighboring properties. f. The application for a CHOL is consistent with the Comprehensive Plan, public facilities, and capital improvement plans. The business will be conducted in an enclosed building and will not generate any nuisance conditions that would endanger the public health, safety, morals or comfort of the community nor will it be injurious to the use and enjoyment of other property in the immediate vicinity. The business does not demand any additional public services or facilities and conforms to the performance standards of the Zoning Ordinance, 6. The home occupation must comply with the following standards: a. No new signage for the home occupation is proposed or approved. Any new signage will require an amendment to the Interim Use Permit for the Conditional Home Occupation License. b. Outside storage of construction materials including, but not limited to, piles of dirt, sand, lumber, bricks, concrete blocks, or sod related to the home occupation is prohibited. c. Outside storage of trailers related to the home o not visible to surrounding properties or from the ccupation is allowed in the backyard if public right-of-way. d. Storage of business materials and equipment is not permitted within a temporary structure defined as a structure made of canvas plastic or another similar non- permanent building material and/or does not meet the requirements of the Minnesota e. Woodworking and related work activities must occur within the accessory building with the doors and windows closed during the hours when construction noises are prohibited as provided in Chapter 82.04, Subd. 5(A)(10) of the City Code and as may be amended from time to time. f. No person shall be employed at or report to the home site location who does not reside in the dwelling unit. Page 2of5 City of Corcoran County of Hennepin State of Minnesota RES®LUTION NO. 2023-62 July 2 7, 2023 g. If a light for the accessory building is installed, it must comply with the lighting standards in Section 1060,040 of the City Code for commercial uses. h. The business shall comply with all state, federal, and local regulations. i. The Conditional Home Occupation License shall be issued for 3 years in accordance with the procedures outlined in Section 1030.100 of the Zoning Ordinance. The permit shall be administratively reviewed th conditions of j. The City may revoke or modify the CHOL upon a finding that conditions have changed to warrant revocation or modifications of the license. 7. A conditional use permit is approved to allow a 1,770 sq. ft. accessory building with sidewalls taller than 10 feet in the front yard, based on the finding that that conditional use permit standards in section 1070.020 have been met, subject to the following conditions: a. The structure cannot be used for living space unless an application for an accessory dwelling unit administrative permit is submitted and approved. septic and water are planned to serve the accessory building, revised plans must be submitted with the building permit and the applicant must obtain the required permits. c. The existing temporary structure must be removed to bring the subject property into compliance with Section 1030 of the Zoning Ordinance. No new temporary structures can be added to the property. 8. Prior to issuance of a building permit, the following must be submitted for review and approval by the City: a. The grading and drainage plan must be revised per the Engineering Memo and provided to the City Engineer for review and approval prior to issuance of a building permit. b. The site plan, which includes the grading and drainage plan, must be revised to reflect the revised footprint of the building of 1,770 square feet. c. The applicant/landowner must record the approving resolution at Hennepin County and provide proof of recording to the City. 9. The existing temporary structure must be removed prior to release of the project escrow. Page 3 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NU. 2023-62 VOTING AYE ® McKee, Tom ® Bottema, Jon ® Nichols, Jeremy ❑ Schultz, Alan ® Vehren[or amp, Dean July 2 7, 2023 VOTING NAY ❑ McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 27th day of July 2023. w r Tom McKICe - Mayor ATTEST: r r City Seal Michelle riedrich — CityClerk Page 4 of 5 City of Corcoran County of Hennepin State of Minnesota July 2 /1 2023 RESOLUTION IMU. 2023-62 ATTACHEMENT A Lot 5, Block 1, Eagle Ridge, Hennepin County, Minnesota Page5of5