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Mounds View Planning Commission November 1, 2000 Regular Meeting Page 4 8. Review Second Draft of Ordinance 672, an Ordinance Amending Chapter 1106 of the Mounds View Zoning Code Pertaining to Home Occupations. Planner Ericson told the Commission this was the second draft of Ordinance 672, an Ordinance relating to businesses operated from within a home or garage, defined in City Code as a home occupation. The second draft reflects changes requested by the Commission at the meeting on October 18, 2000. The first change references the amount of parking a home business is allowed by changing the requirement from “no more than two vehicles for on or off street parking” to “no more than two vehicles for on street parking.” The second change reflects where signage for the business is permitted on the homeowner’s property. The proposed change to the Ordinance would allow a sign for the business to be placed within five feet of a street frontage, as long as no part of the sign extended into the right-of-way or adjoining property. The third change involves “nuisances.” It includes the addition of item “h,” which explicitly states that automotive sales, service or repair as a home business is expressly prohibited. Commissioner Johnson inquired as to whether Staff had consulted with the City Attorney prior to drafting item “h.” He then indicated he was uncomfortable with prohibiting automotive service or repair as there are many aftermarket things you can add to vehicles that do not require loud tools or tearing cars apart and causing a nuisance for the neighborhood. Planner Ericson indicated he could check with the City Attorney to ascertain what—if any— legal issues this would create. Commissioner Johnson indicated in the past in the City there were many mechanics working on vehicles but said in this day and age you need a very expensive piece of equipment to analyze what is wrong with a vehicle before it can be fixed. Therefore, there are only a few mechanics left in the City and he does not believe there is a big problem. Commissioner Stevenson questioned whether items “g” and “h” could refer to all home businesses within the City. Planner Ericson indicated the City has had several problems with automotive businesses within the City but not other businesses. Commissioner Kaden indicated he agreed with Commissioner Johnson that the statement excluding automotive repair or service was too broad and would eliminate those businesses adding aftermarket items to vehicles that do not cause a nuisance to the neighborhood. Commissioner Johnson indicated he is involved with an aftermarket organization and had heard from them that a statement disallowing service and repairs to automobiles could be construed as discriminatory as this type of business does not necessarily cause a nuisance to the neighborhood. He also indicated the organization believes a home business could fight the ordinance in Court and would more than likely win. He indicated a desire to have the City Attorney review the legalities of including such a statement.