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HomeMy WebLinkAbout2025-032 CITY OF GEM LAKE, MINNESOTA RESOLUTION NO. 2025-32 A RESOLUTION DENYING A SPECIAL HOME OCCUPATION LICENSE FOR 3646 LABORE ROAD, PID 283022440005 WHEREAS, Jeff and Nikki Foley, applicants on behalf of the Carole M. Schilling Trust and Carole M. Schilling, Trustee, the property owner(s) made an application to request a Special Home Occupation license to allow for a home occupation to provide appointment-only financial services located at the property listed above; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on October 7, 2025, and determined that the proposed request did not meet the criteria approval, and voted to recommend denial of the request with findings for denial; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, that it should and hereby does direct staff to deny the Special Home Occupation license to allow for the home occupation located at the property addressed as 3646 Labore Road. FURTHER BE IT RESOLVED that the following findings for denial are made: 1. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off-street parking shall not exceed more than three off-street parking spaces for the home occupation at any given time, in addition to the parking spaces required by the residents. a. A variance application has been made to increase the number of off-street parking spaces for the home occupation beyond the maximum of three spaces to accommodate up to 20 parking spaces for 14 full-time and part-time employees and six (6) customers. Additionally, the business anticipates operating through appointments-only, so no walk-in or unscheduled activity is anticipated. 2. No more than one non-resident employee shall be allowed to work on the premises at one time. Nonresident employees who work off the premises may be allowed to visit the premises. If an on-site employee is parking on site, off-site employees shall not leave their vehicles on site. If there is no on-site employee vehicle parked on site, one off-site employee vehicle may be parked on site. a. The applicant has submitted a variance application to increase the number of nonresidential employees from the maximum of one to no more than 14 full-time and part-time employees. As a condition of approval, no non-residential employees may leave their vehicles on-site outside of business hours. Resolution No.: 2025-32 Page 2 of 3 3. No vehicle associated with the home occupation, including customers or employees, shall be parked on the street or block sidewalks or public easements. Private vehicles used by the residents shall not be included in this subsection. a. This criterion is met. The applicant shows 20 total parking spaces contained in the parking areas for all employees and the area used for customer parking on the survey to demonstrate that vehicles associated with the business will not be parked on the street, block sidewalks, or public easements. 4. An area equivalent to no more than 50 percent of each level of the house, including the basement and garage, shall be used in the conduct of a home occupation. a. This criterion is met with conditions. The applicant has applied for a Conditional Use Permit to allow for more than 50% of the residence to be used for business purposes. A floor plan clearly delineating the areas of each level shall be provided. 5. No equipment or process shall be used in such home occupation which creates noise, vibration, light, glare, fumes, smoke, dust, odors or electrical interference detectable to the normal senses off the premises. If electrical interference occurs, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises. a. This criterion is met. The business provides intangible services with no physical product, so no equipment or process is proposed that would create noise, vibration, light, glare, fumes, smoke, dust, odors, or electrical interference detectable to the normal senses off the premises. 6. Storage of materials and goods outdoors is prohibited. a. This criterion is met. The proposed use does not include any outdoor storage. 7. There shall be no fire, safety or health hazards created by the Home Occupation. a. This criterion is met. The proposed use shall not create any fire, safety, or health hazards. 8. Any noncompliance with this subsection shall constitute grounds for the denial or revocation of the home occupation license. a. This criterion is not met. There are several criterion that require further clarification from the applicant or that are unable to be met. The variance application proposes up to 14 full-time and part-time employees and increasing the maximum number of off- street parking spaces beyond the three (3) permitted for a home occupation. The variance, if granted, would not be consistent with other adjacent residential uses found in the Single-Family Executive “RX” Residential District. The zone does not allow for commercial business functions apart from home occupations, county clubs, golf courses, and other private commercial recreation areas and facilities, and bed and breakfast establishments. There are other properties in the vicinity that are zoned Gateway which is where much of the public facing commercial activity occurs. The circumstances surrounding the variance are being created by the homeowner and are not currently present. The proposed use of an appointment-only financial services home occupation would generate additional traffic with 14 full-time and part-time Resolution No.: 2025-32 Page 3 of 3 employees. The 2040 Comprehensive Plan designates the existing land use as Single Family Residential and the future land use guiding as Single Family – Executive. 9. The City Council may waive any of these requirements if the home occupation is located at least 350 feet from a residential lot line. a. This criterion is not applicable as the proposed home occupation would be within 350 feet of a neighboring residential lot line. 10. The City Council may add any additional requirements that it deems necessary to ensure that the operation of the home occupation will be compatible with nearby land uses. a. This criterion is not met. With the additional requirements, the operation of the home occupation will not be compatible with nearby land uses. 11. The applicant proposes to use an undetermined percentage of the house for the purposes of operating the business as per the floor plans and narrative submitted to the City on 09/18/2025 and reviewed with this application. a. The applicant has not demonstrated that the home occupation will be secondary and incidental to the primary residential function of the property. 12. The applicant is required to adhere to all applicable local, State, or Federal regulations. 13. The applicant is required to acquire any other applicable local, State, or Federal permits for this request. 14. The Applicant shall pay all fees and escrows associated with this request. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 21st day of October, 2025. Gretchen Artig-Swomley Gretchen Artig-Swomley, Mayor Barbara Suciu, City Clerk