Loading...
HomeMy WebLinkAboutRES 2007-74 APPROVING A CONDITIONAL HOME OCCUPATION LICENSE 6351 COUNTY ROAD NO. 101 Y' City of Corcoran County ojHennepin State of Minnesota CITY OF CORCORAN RESOLUTION 2007-74 MOTION BY: Grabowski SECONDED BY: Hudok A RESOLUTION APPROVING A CONDITIONAL HOME OCCUPATION LICENSE 6351 COUNTY ROAD NO. 101 PID NO. 36-119-23-44-0012 WHEREAS, the applicants Jim and Denise Nichols have requested a Conditional Home Occupation License ("CHOL") to operate an erosion control company known as Jim Nichols LLC; and WHEREAS, the Corcoran City Planning Commission and its predecessor the Home Occupation Committee have reviewed this application at numerous meetings; and WHEREAS, the Corcoran City Planning Commission recommended denial of the CHOL at its meeting on August 2, 2007; NOW, THEREFORE, BE IT RESOLVED that the Corcoran City Council does hereby adopt the following resolution approving the Conditional Home Occupation License, based upon the following: Findings 1. The Nichols's application stated that they started operating their Home Occupation in 1990. 2. Ordinance No.95 was in effect from May 8, 1986 until May 9, 2001. 3. The applicants acknowledged using an accessory building and exterior storage for their erosion control business prior to May 9, 2001. 4. In order to use an accessory building and exterior storage for a Home Occupation, Ordinance No.95 required that a Conditional Use Permit (CUP) be obtained from the City of Corcoran. 5. Mr. Nichols admitted that a CUP was never granted by the City of Corcoran, in order for the applicant to use their accessory building and exterior storage for the Home Occupation. 1 . ' 6. The applicants' Home Occupation was not a legal non-conforming use when Ordinance No.170 was adopted on May 9`�, 2001. The application must therefore be considered only under Ordinance No. 170. 7. The following is a list of equipment and materials stored at the site: a. 1 — 1999 Mack Semi Truck (stored off-site, but occasionally spends the night) b. 1 — 1999 Peterbuilt Semi Truck (stored off-site, but occasionally spends the night) c. 1- 1999 Ford 350 pickup d. 1 — 1999 Pickup e. 1 —John Deere Tractor f. 1 —New Holland Tractor g. 2- Bobcats h. Miscellaneous attachments for the tractors and farm implements i. Erosion Control Blankets j. Sod Roll Tubes k. Wooden Pallets 1. Silt Fence m. Other miscellaneous erosion control products 8. The applicant's lot size is 5.24 acres. 9. The property owned by Greg Ebert located north of the applicants is 75.31 acres in size. 10.The property owned by Fred Knotek located south of the applicants is 5.20 acres in size. 11.The Ebert's house is located approximately 555 feet northwest of the accessory building used by the Nichols and is approximately 15 feet higher in elevation. The accessory building is screened from the house by an earthen berm and large pine trees that are 10 feet or higher, installed along the perimeter of the access drive. The accessory building is visible from the Ebert's driveway as they drive towards their house. 12.The Ebert's have filed an objection to the CHOL application. 13.The Knotek's house is located approximately 175 feet due south of the accessory building used by the Nichols and is approximately 5 feet higher in elevation. The accessory building is screened from the house by a dense growth of trees and scrub brush located predominantly on the Nichols property. The accessory building is not visible from the Knotek's driveway. 14.The Knotek's have stated that they are in favor of the Nichols continuing their Home Occupation. 15.The Nichols have direct access onto Hennepin County Road No. 101, which was upgraded within the last five years. 16.The Nichols property is currently zoned Agricultural (A). 2 17.The Nichols started operating their Home Occupation in 1990. No evidence of property devaluation of the adjacent properties as a direct result of Nichols' business has been submitted. 18.The Nichols had employees reporting on-site for the purpose of staging work off- site prior to May 24, 2001. 19.The following nuisance factors of Ordinance 170, Section 9 have been considered: a. There is outside storage of landscaping related materials and vehicles adjacent to the accessory building. It is visible from the Ebert's driveway and from Hennepin County Road No. 101 through gaps in the vegetation as vehicles drive by. b. There are no odors generated which result in a permanent impact to the adjacent properties. c. There is no light or glare generated that impact the adjacent properties. d. There is no permanent noise impact to the adjacent properties. The only noise from the Home Occupation is the operation of the various vehicles utilized by the business as they are prepared to leave the site. Mr. Ebert indicated that during the winter, vehicles were left idling at night prior to leaving the site for snow removal operations. e. There are no environmental concerns, including but not limited to, drainage, wastewater, wells and wetland issues. f. The accessory building is in compliance with the accessory building section of the Municipal Code. g. The impact on the neighboring properties is one of visibility, which can be mitigated via screening, and also night time noise resulting from vehicles being left running. Conditions 20.The following are conditions for continued operation of the Home Occupation: a. That if a semi-trailer is left at the site overnight, it shall not be started prior to 7:00 a.m. in order to reduce the noise impact on the neighbors. The parking of the semi-trailers is restricted to only being parked on site three nights a month. b. That no vehicles shall be left running between 9:00 p.m. and 7:00 a.m. c. That the hours of operation of the Home Occupation shall be limited to the hours between 7:00 a.m. and 7:00 p.m. This shall include equipment and vehicles returning to the site. d. Employees for on-site/staging for work off-site shall comply with the requirements of Ordinance 170, Section 10. Employees who do not work on site or report on site are not subject to Section 10. e. The applicant shall install a fence within 30 days after the date of this resolution as per their June 28, 2007 submittal. Final length to be reviewed 3 , " with the City Planner prior to installation. Fences 6 feet or higher shall require a building permit from the City of Corcoran. f. Equipment and vehicles noted under findings 7c through 7g be stored in the inside storage and all construction inventory and supplies are to be stored in a fenced area, with the objective being to shield and to hide the equipment and materials. g. Equipment and materials aze to be stored first within the accessory building and once the building is full, then the exterior stora.ge may be used. Based upon the above fmdings, and subject to the conditions set forth above, the CHOL is hereby approved. VOTING AYE VOTING NAY _X Guenthner, Ken Guenthner, Ken _X Grabowski, Chuck Grabowski, Chuck X Hudok, Christopher Hudok, Christopher X Jaco6s, Paul Jacobs, Paul Thomas, Ron X Thomas,Ron Whereupon, said Resolution is hereby declared adopted on this 27th day of September 2007. ��^ � Ken Guenthner, Mayor ATTEST: � Barb Larson, City Clerk c�ry se�r 4