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Mounds View Planning Commission April 3, 2002 Regular Meeting Page 11 ________________________________________________________________________ and is looking for direction of the Commission as to whether certain types of businesses should not be allowed because currently if it does not cause a nuisance anything is allowed. Community Development Director Ericson indicated the main issue with the Code is it does not seem to be enforceable. Commissioner Scotch said a business could continually be a nuisance and using the language of the Code could pay the fine and continue to operate. Community Development Director Ericson indicated the City recently took a homeowner to court after a lengthy investigation involving hundreds of Staff hours and the judge issued a $50.00 suspended fine and ordered them not to conduct business for one year but the individual is already back in business. He then suggested not allowing residents to work out of garages. Acting Chair Miller indicated that when residents come asking for larger garages the City requires that they not work out of them. Community Development Director Ericson indicated that theoretically someone could do any of the businesses in the business code from their home. He then said the intent of the code is not to prevent home businesses but to ensure the residential feel of the neighborhood and not allow the operation of a commercial business out of homes. Community Development Director Ericson asked whether the business should be limited to the interior of the home and, if so, what percentage of the home. He then asked if retail sales should be prohibited and whether delivery trucks be restricted. Acting Chair Miller asked whose responsibility it would be to monitor activity and enforce the restrictions. Commissioner Hegland indicated he did not think the City could fairly decide what types of business not to allow. Community Development Director Ericson indicated there may be a way to do so without limiting the specific businesses. He then said he personally feels that certain types of businesses should be prohibited. Commissioner Scotch commented that the City does not have any enforcement other than a $10.00 nuisance fine. She then suggested requiring a permit and fee to operate the business from the home because if starting a business outside of your home there are fees associated with doing so. Community Development Director Ericson indicated that requiring a permit would not get every home based business to register but most might and there would be a benefit to the business owner as well in the form of free advertising through the City.