05-03-23 PC Minutes - Laserfiche WebLink

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ARDEN HILLS PLANNING COMMISSION – May 3, 2023 4 would fluctuate based on the size of a home or an accessory structure. She reported it was her understanding the applicant does not need 1,500 square feet, but rather she was closer to needing 1,000 square feet of the exterior yard. Commissioner Bjorklund commented on the issues that need to be considered if a home occupation were allowed to use outside space. He anticipated a precedent could be set if this request were approved. Commissioner Mitchell reported this was a complex request and she believed it needed to be well thought through before moving forward. Commissioner Collins asked if this operation continued as a hobby, would the City have any oversight over the operation. Community Development Director Jagoe stated if this were a hobby with a rain garden, plantings, and native beds, this would fall under the category of landscaping and this would not trigger any additional review. Commissioner Collins clarified that at a hobby level, this request would not be considered, but because the applicant has proposed to operate a business, the zoning code amendment was required. Community Development Director Jagoe stated this was correct. She noted when the sale of plants becomes transactional, the City views this as a home business. Commissioner Wicklund requested further information on how the City would address business creep or business expansion. Community Development Director Jagoe reported with the conditional use permit she laid out the type of activities that could and could not occur on the property. She explained if a conditional use permit was approved, it would remain with the property. Commissioner Wicklund questioned what type of enforcement would the City have in place to address a business expansion concern. Community Development Director Jagoe explained the City’s code enforcement was complaint based. She indicated if the City were to receive a complaint, the City would investigate the property to ensure the applicant was complying with the CUP prior to revocation. Chair Vijums explained he was struggling with the fact the property could have an accessory building and he questioned how this would impact the proposed business. Commissioner Mitchell asked if this home occupation could be approved on a variance, without requiring an amendment to City Code. Community Development Director Jagoe stated variances cannot be granted to permit a use. Commissioner Weber suggested rather than limiting the use within an accessory structure, the City should limit the size of the accessory structure if being used for a home occupation.