March 21, 2006 CCP - Laserfiche WebLink

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Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9C City Council March 21, 2006 Ordinance/City Code Amendments — Home Occupations Background Information for March 21, 2006: Following many months of discussion and numerous drafts at multiple Planning Commission meetings the Commission, on March 13, 2006, conducted a Public Hearing (regarding the Zoning Ordinance amendments) and unanimously adopted a recommendation to amend Sections 150 (definitions), Section 300 (regarding allowable uses in some residential zones) and Section 1100 (regarding City licensing of uses/activities) regarding the regulation of "home occupations". The recommended regulation strategy differs significantly from that which is in the City Code today — merely a "definition" of Home Occupation that also establishes standards. The Code amendment drafts here presented by the Commission incorporate two significant components: 1. Recognizing the 21" Century trends in life style the Code would anticipate and accommodate the concept of the "Home Office", where there is no physical evidence of business being carried on within the home. The oft -stated example is the home business carried on with little more than a computer, FAX machine and telephone. 2. Once the level of home business extends beyond the totally transparent Home Office scenario in any manner, the use becomes a "Home Based Business". A new Section 1115 is proposed to be added to Section 1100 (Licensing) to provide a process to both license Home Based Businesses, and establish standards/thresholds for such uses. While the structure of the home occupation regulation has not been overly controversial at the Commission level, the standards/thresholds that would appear in Section 1115 certainly have been, with the primary issue being at what point does a business (by its operations) cease to be a residential use and rather become a use that should be located in a commercial zoning district. (Home Occupations — Continued on Page 2) Action items: Motion directing staff regarding the disposition of the Planning Commission recommended Code amendments regarding the regulation of Home Occupations. Attachments: 1. Commission Recommended Code Amendments 2. Draft Planning Commission Minutes of March 13, 2006 3. Mayor Johnston's Letter of March 13, 2006 4. Staff memo of March 9.2006 5. Current Home Occupation Definition Person onsible: City I Time Allocated: