STAFF REPORT. Application: Applicant: Agenda Item: 4(a) Background Information:

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1 STAFF REPORT Applicatin: Applicant: Agenda Item: 4(a) Backgrund Infrmatin: Interim Use Permit request t cntinue peratin f an existing cabinet shp business in the Urban Residential district. Jeremy and Bethany Olsn Prpsal: The applicants are prpsing t cntinue perating a cabinet shp that has been perating at the site fr 10+ years. The wners indicate that when they built the huse and attached shp, Duglas Cunty Land & Resurce staff nted that the use f the building fr a cabinet shp was nt regulated and they culd d s. Since Twnship Staff was unable t find any evidence f this, and because the Twnship rdinance requires an interim use permit fr a use such as a cabinet shp being perated frm a dwelling site, the applicant has applied fr the interim use permit t cntinue perating. Lcatin: Prperty Address: 3430 Hazel Hill Rad SE Sec/Twp/Range: Partial Legal Descriptin: 7.13 AC IN THE NW COR OF NW4NW4 Parcel Number(s): Zning: Urban Residential (UR) Lt size: Apprx acres Septic System Status: There is an existing sewer system n the prperty (tank and drainfield) installed and apprved in Octber That system was inspected and fund cmpliant in September N additinal cmpliance inspectin wuld be required at this time. Natural Features: Fldplain: The prperty is nt within an identified fldplain. Bluff/Steep Slpes: The site is relatively flat and des nt cntain any bluffs r steep slpes. Wetlands: There d nt appear t be any wetlands n the prperty that wuld impact the prpsal. Trees: The existing lt des nt cntains a significant number f trees. The prpsed use wuld nt require alteratin f any land r buildings r the remval f any trees at this time. Permit Histry: 2004 Installatin f sewer system 2004 Cnstructin f 40 x 40 dwelling and 46 x 39 attached garage Cnstructin f 28 x 32 detached garage Alexandria Twnship 4(a) - 1

2 2013 Sewer system cmpliance inspectin Applicable Statutes/Ordinances: SECTION III. ZONING DISTRICT REGULATIONS B. Uses Permitted. The fllwing set f tables establishes the uses permitted, permitted by cnditinal r interim use permit, r nt permitted. All uses are subject t the requirements r perfrmance standards f this rdinance. Perfrmance standards applicable t uses in all zning districts are given in Sectin V. RESIDENTIAL USES RCR RR UR RS CS C-U C-R I Hme Occupatins, Lw P P P P P X X X Activity 1 Hme Occupatins, Mderate Activity1 Hme Occupatins, High Activity1 IU IU IU IU IU X X X IU IU X X IU X X X SECTION V. PERFORMANCE STANDARDS B. OUTDOOR STORAGE. In all zning use districts, all materials and equipment shall be stred within a building r fully screened s as nt t be visible frm adjining prperties and/r a public rad except fr the fllwing: perable equipment fr recreatinal use and equipment being temprarily used n the premises, agricultural equipment and materials if they are used r intended fr use n the premises, ff-street parking f perable passenger autmbiles and pick-up trucks and strage f firewd fr hme heating. D. SCREENING. Where any business r industry (i.e., building, parking r strage) is lcated adjacent t prperty zned fr residential use r where residential husing exists r where it is lcated adjacent t a public r private institutin r park and recreatinal area, that business r industry shall prvide apprpriate screening alng the bundary f the residential prperty. Screening shall als be prvided where a business r industry is acrss the street frm a residential zne r residential husing. The screening required in this sectin shall cnsist f earth munds, berms r grund frms; fences and walls; landscaping (plant materials) r landscaped fixtures (such as timbers) used in cmbinatin r singularly s as t blck direct visual access t an bject. The use f discarded tires is an inapprpriate frm f screening material. 1 Amended 3/21/2011 (Reslutin #11-02) Alexandria Twnship 4(a) - 2

3 E. PARKING REQUIREMENTS. 1. Minimum Size Regulatins a. Each space shall cntain a minimum area f nt less than three hundred thirty-five (335) square feet, a width f nt less than nine (9) feet and a depth f nt less than twenty (20) feet. Each space shall be adequately served by an access drive f at least twenty-six (26) feet in width. 2. Reductin and Use f Parking Space. a. On-site parking facilities existing at the effective date f this Ordinance shall nt be reduced t an amunt less than that required under this Ordinance fr a similar new building r use. On-site parking facilities prvided t cmply with the prvisins f this Ordinance shall nt be reduced belw the requirements f this Ordinance. Such required parking space shall nt be used fr the strage f gds r fr strage f vehicles that are inperable r fr sale r rent. 3. Cmputing Requirements. 5. Yards. a. In cmputing the number f parking spaces required, the fllwing rules shall gvern: (1.) Flr space shall mean the grss flr area f the specific use. (2.) When fractinal spaces result, the parking spaces required shall be cnstrued t be the nearest whle number. (3.) The parking space requirement fr a use nt specifically mentined herein shall be the same as required fr a use f similar nature, as determined by the Zning Administratr r the Twnship Planning Cmmissin. a. On-site parking requirements shall nt be subject t frnt, side and rear yard regulatins fr the district in which parking is lcated, except that: In any cmmercial r industrial district, n parking shall be lcated within ten (10) feet f any prperty line th at abuts any residential (UR, RR, RCR) r shreland district. 6. Buffer Fences and Planting Screens. a. On-site parking areas near r abutting a residential (UR, RR, RCR) r shreland district shall be screened by a buffer fence f adequate design r a Alexandria Twnship 4(a) - 3

4 planting buffer screen. Plans f such screen r fence shall be submitted fr apprval as part f the site plan, and such fence r landscape shall be installed as a part f the initial cnstructin. 7. Required Number f On-Site Parking Spaces. a. On-site parking area f sufficient size t prvide parking fr patrns, custmers, suppliers, visitrs and emplyees shall be prvided n the premises fr each use. The minimum number f required n-site parking spaces fr the fllwing uses shall be as fllws: Land Use Number f Parking Spaces Unit Measure Strage, Whlesale and Warehusing That space which is slely used as ffice shall cmply with the ffice use requirements Sq. Ft. Flr Area +1 Cmpany wned Truck (if nt stred inside building). 8. Lading and Unlading Requirements. U. HOME OCCUPATIONS 2 a. Lading and unlading areas fr gds, supplies and services shall be sufficient t meet the requirement fr each use. The purpse f these regulatins is t permit and regulate the use f buildings, structures and prperty in nn-cmmercial and nn-industrial zning districts fr business r ther purpses nt typically assciated with residential uses and in such a manner that they will nt be incmpatible with the quite enjyment f residential prperties in the surrunding areas. Mderate and High Activity hme ccupatins are cnsidered interim uses, which means that they are nly granted fr limited perids f time and may nt be renewed if the prpsed hme ccupatin becmes incmpatible with the surrunding prperties due t a change in cnditins. Examples f changes in cnditins may include, but are nt limited t, rezning t a zning district allwing fr greater husing density, the platting f adjacent r nearby lands int residential lts, a general increase in husing r ppulatin density, increases in traffic vlumes r characteristics, r amendments t the Zning Ordinance r ther Twnship rdinances which wuld make the prpsed use less cmpatible with the surrunding area and the intent f said rdinances. Buildings and ther imprvements assciated with an allwed hme ccupatin shall be f a size and nature such that they can be easily remved frm the prperty r will cnfrm t zning regulatins fr permitted r cnditinal uses shuld the interim use permit expire. 1. Definitins 2 Added 3/21/2011 (Reslutin #11-02) Alexandria Twnship 4(a) - 4

5 This rdinance establishes three general categries f hme ccupatins, which shall include any business r ther use nt typically assciated with residential use r which wuld generate nuisance characteristics beynd thse nrmally expected in a residential setting. Activities cnducted as a hbby shall nt cnstitute a hme ccupatin. The three general categries are defined as fllws: a. Hme Occupatin, Lw Activity (LAHO). Any nn-residential use where there is effectively n evidence f the activity taking place n the prperty which is visible r audible frm neighbring prperties r frm a public rad right-f-way. Such uses shall be clearly incidental and secndary t the primary use f the prperty fr residential purpses. b. Hme Occupatin, Mderate Activity (MAHO). Any nn-residential use where there is nly indirect evidence f the activity taking place n the prperty which is visible r audible frm neighbring prperties r frm a public rad right-f-way. Such uses shall be clearly secndary t the primary use f the prperty fr residential purpses. c. Hme Occupatin, High Activity (HAHO). Any nn-residential use where there is direct evidence f the activity taking place n the prperty which is visible r audible frm neighbring prperties r frm a public rad right-f-way r which generates regular and sustained nuisance characteristics beynd thse nrmally assciated with residential prperties in the same r similar neighbrhd. 2. Exemptins 3 3. Perfrmance Standards a. The fllwing uses shall nt be cnsidered a hme ccupatin fr the purpses f this rdinance: i. The display fr sale f up t n mre than tw (2) mtr vehicles, trailers, pieces f farm machinery r similar items, r any cmbinatin f such items, at any given time. a. Custmer Activity i. LAHO n attempt, either thrugh advertising r signage, shall be made t bring ptential r actual custmers nt the prperty. ii. MAHO may attempt t attract ptential r actual custmers t physically enter the prperty but nly by appintment and such that limited numbers f custmer vehicles are present n the prperty at any ne time. iii. HAHO may attempt t attract ptential r actual custmers t physically enter the prperty, whether walk-in custmers r by appintment. 3 Added 8/4/2014 (Reslutin #14-02) Alexandria Twnship 4(a) - 5

6 b. Pickups and Deliveries Pickup and delivery activities shall nt blck traffic r pse a safety hazard. i. LAHO by standard delivery van, US pstal service r passenger vehicle nly. ii. MAHO and HAHO any pickups r deliveries f prducts, supplies, equipment r ther materials by vehicles larger than 26,000 lbs. GVW shall be limited t n mre than ne per week and nly between the hurs f 7:30 am and 7:30 pm unless therwise determined by the Planning Cmmissin. c. Lcatin and Residency Requirement All hme ccupatins must be lcated n the hmestead f the business peratr r n an adjacent lt under the same wnership. Fr the purpses f this sectin, a lt shall be cnsidered adjacent if any prtin f the lt is within 100 feet f any prtin f the hmestead lt, unless therwise apprved by the Twnship. d. Minimum Lt Size and Setbacks t Nearby Dwellings i. LAHO and MAHO n minimum lt size r setback requirements frm nearby dwellings unless specifically required by the Planning Cmmissin ii. HAHO minimum lt size f ten (10) acres and a minimum setback frm nearby ccupied dwellings f five hundred (500) feet, except that the Twnship may waive r reduce the setback requirement t n less than tw hundred and fifty (250) feet shuld apprpriate screening r ther practices be put int place t mitigate likely r ptential nuisances. e. Outside Strage i. LAHO n utside strage f supplies, equipment, business vehicles r maintenance items shall be allwed; all wrk and wrk related items shall be kept in an enclsed structure r building such that they are nt visible frm neighbring prperties r frm a public rad right-f-way. ii. MAHO n utside strage f supplies, equipment r maintenance items shall be allwed, except that up t tw business-related vehicles (under 26,000 lbs GVW) may be stred utdrs; all ther wrk and wrk related items shall be kept in an enclsed structure r building such that they are nt visible frm neighbring prperties r frm a public rad right-f-way. iii. HAHO supplies, equipment, business vehicles r maintenance items may be stred utside f a building r structure, but shall be limited t a cmbined area f n mre than 4,000 square feet and shall be screened frm view f neighbring prperties r frm a public rad right-f-way via fences, berms, natural vegetatin r ther apprpriate material as determined by the Twnship. Alexandria Twnship 4(a) - 6

7 f. Parking Parking areas shall be limited in size s as nt t exceed that typical f the surrunding neighbrhd, except where specifically allwed by the Twnship. In such cases, the Twnship may impse requirements fr screening r landscaping f the parking area s as t minimize its impact n the neighbrhd character. g. Nise Excessive r sustained nise levels are prhibited. Excessive r sustained nises shall be thse in vilatin f Alexandria Twnship Ordinance (Ordinance Regulating Nise). h. Lt Cverage Shall cmply with the limitatins f the underlying zning district. i. Water and Sanitary Facilities The site must be capable f supprting adequate n-site sanitary (sewer and water) facilities t serve bth the primary dwelling and the activities f the hme ccupatin. j. Pllutants and Waste - The peratr f a hme ccupatin shall prperly dispse f all liquid, gaseus r ther pllutants and slid waste including but nt limited t garbage, decayed wd, sawdust, shavings, bark, lime, sand, ashes, il, tar, chemicals, ffal, and all ther waste materials. k. Hurs f Operatin N business activities assciated with a MAHO r HAHO shall ccur between the hurs f 7:00 pm and 7:00 am, unless therwise stated in the interim use permit. l. Signage i. LAHO N signage allwed. ii. MAHO N signage allwed. iii. HAHO One sign, n larger than 35 square feet shall be allwed, whether placed n a building r free-standing. Such signs shall nt be lcated anywhere within a public rad right-f-way r s as t interfere with nrmal traffic and rad maintenance activities. m. Impacts n Public Rads i. Weight Limits All psted weight limits fr rads shall be beyed. ii. Dust Cntrl If lcated alng a twnship rad, a hme ccupatin shall enter int a written agreement with the Twnship relating t additinal dust cntrl measures created by the hme ccupatin n. Emplyees A hme ccupatin may nt have any n-site emplyees beynd thse wh reside in the hme, in excess f the fllwing: i. LAHO Nne (0), unless therwise apprved by the Twn Bard. ii. MAHO Nne (0), unless therwise apprved by the Twn Bard. iii. HAHO Tw (2), unless therwise apprved by the Twn Bard. Alexandria Twnship 4(a) - 7

8 H. INTERIM USE PERMIT Purpse. SECTION VI. ADMINISTRATION The purpse f an interim use permit is t allw a temprary use that is nt designated as permitted r cnditinally permitted but is acceptable fr a limited perid f time subject t cnditins set frth in this sectin. An interim use is granted t a particular individual r ther applicant and des nt accrue t the subject prperty. An interim use is intended t allw a use that is presently acceptable but that, with anticipated develpment, will nt be acceptable in the future, r will be replaced in the future by a permitted r cnditinal use allwed within the respective zning district. Buildings and ther imprvements allwed by interim use shall be f a size and nature such that they can be easily remved frm the prperty r will cnfrm t zning regulatins fr permitted r cnditinal uses shuld the interim use permit expire. 2. Criteria fr Granting Interim Use Permits. a. In granting an interim use permit, the Alexandria Twn Bard shall cnsider the advice and recmmendatins f the Planning Cmmissin and the effect f the prpsed use upn the health, safety and general welfare f ccupants r surrunding lands. The criteria used fr reviewing cnditinal use permit shall als be used when cnsidering interim use permits, alng with the fllwing additinal cnsideratins: (1.) The use will cnfrm t the applicable zning regulatins, including any dimensinal restrictins the regulatins may impse n buildings r uses; and (2.) The use will terminate upn a date r event that can be identified with certainty and/r clarity; and (3.) The use will nt impse additinal csts n the public if it is necessary fr the public t take the prperty in the future; and (4.) The use will be subjected t, by agreement with the prperty wner, any cnditins that the Twn Bard deems apprpriate in allwing the prpsed interim use, including a cnditin that the wner will prvide an apprpriate surety t cver csts that wuld be necessary t eliminate the interim use frm the prperty, including remval f buildings, equipment, restratin f the landscape t a suitable cnditin r ther apprpriate and necessary csts. 3. Terminatin f an Interim Use Permit. a. An interim use permit shall terminate upn the ccurrence f any f the fllwing events, whichever cmes first: 4 Entire sectin added 12/7/2009 (Reslutin #09-05) Alexandria Twnship 4(a) - 8

9 (1.) Five (5) years frm the initial apprval f an interim use, unless a shrter time perid is specified in the initial apprval. After the initial apprval perid and if a renewal is apprved by the Twnship, the interim use permit shall terminate upn the date r event stated in the permit apprval; r (2.) When the use has been discntinued fr ne year r mre; r (3.) When there is a change in wnership f the prperty f any kind, unless the Twn Bard apprves such change in wnership as nt substantially changing wh is perating and/r managing the use and prperty. Such requests must be presented t the Planning Cmmissin fr a recmmendatin t the Twn Bard, but need nt require a public hearing; r (4.) Within 24 mnths f the date f an amendment t the Zning Ordinance that n lnger allws the use as an interim r permitted use. (5.) When any f the cnditins have nt been adhered t and the applicant has nt crrected the vilatin upn written ntice f the vilatin frm the Zning Administratr within the timeframe specified in such written ntice; 5 r (6.) When there have been mre than tw separate vilatins f any cnditin f apprval (such vilatins n eed nt be f the same cnditin), even if the previus vilatins have been crrected upn written ntice frm the Zning Administratr Renewal r Amendment f Interim Use Permit. a. Renewal: An applicatin t extend an interim use permit may be renewed within 24 mnths prir t the date r event upn which it is t expire. The applicatin shall be prcessed and administered as if it were a new applicatin. Shuld such applicatin t renew be denied, the applicant shall be allwed t cntinue the use until the expiratin f the interim use permit prvided all cnditins f the riginal apprval are being met. If the applicatin t renew is apprved, the Twnship shall specifiy a new date r event n which the renewed permit will expire. There shall nt be a limit n the number f times an interim use permit may be extended. Applicatin fees fr renewal f an interim use permit shall be as established in the Twnship fee schedule. b. Amendment: Any change in an apprved interim use permit invlving mre than minr structural alteratins, enlargement, intensificatin f use, r similar changes nt specifically permitted by an interim use permit, as determined by the Zning Administratr, shall require an amended interim use permit t be reviewed as if it were a new interim use permit. 5 Amended 3/21/2011 (Reslutin #11-02) Alexandria Twnship 4(a) - 9

10 5. Prcedure. a. An applicatin fr an interim use permit shall fllw the same prcedures applicable t a cnditinal use permit, as utlined in this Ordinance. b. The twnship hereby reserves the right, upn apprval f an interim use, t inspect the premises in which an interim use is being cnducted t ensure cmpliance with the prvisins f this sectin r any additinal cnditins impsed. c. An interim use permit shall nly be terminated by the Twn Bard after the Planning Cmmissin has prvided its recmmendatin fllwing a public hearing. 6 Staff Findings: The fllwing findings f fact are presented by Staff fr cnsideratin by the Planning Cmmissin: 1. The use will nt create an excessive burden n existing parks, schls, streets and ther public facilities and utilities which serve r are prpsed t serve the area: N. The business has been perating fr mre than 10 years and n significant r excessive burdens have been bserved. The amunt f deliveries by large straight trucks is limited t apprximately 1-3 per week r less and custmer traffic is limited t apprximately 1-3 vehicles per week. 2. The use will be sufficiently cmpatible r separated by distance r screening frm adjacent agricultural r residentially zned r used land s that existing hmes will nt be depreciated in value and there will be n deterrence t develpment f vacant land: Yes. The site is nt lcated in a residential area. The prperty t the nrth acrss the rad is a grandfathered scrap yard that is nt currently perating. The remainder f the surrunding land is agricultural in natures. On-site parking areas, the shp and vehicles stred utdrs are all largely screened frm view by the dwelling/shp building itself r distance frm the rad. 3. The structure and site shall have an appearance that will nt have an adverse effect upn adjacent residential prperties: Yes. Currently, the prperty appears t be well-kept and wuld nt appear t have an adverse impact n nearby residential prperties. The greatest ptential fr such an impact wuld appear t be if the business were t start having significant utdr strage that was in view f adjacent prperties r the rad. The business, t this pint, has nt had any utdr strage f materials f which staff is aware. 4. The use in the pinin f the Twn Bard is reasnably related t the verall needs f the Twnship and t the existing land use: 6 Amended 3/21/2011 (Reslutin #11-02) Alexandria Twnship 4(a) - 10

11 Yes. The Twnship, thrugh the Urban Residential Zning district, is generally seeking fr this area t be ppulated with single-family husing. In that sense, this prpsal cnflicts with that intent. Hwever, hme ccupatins f a mderate nature are allwed in this zning district and the fact that any apprval wuld be via an interim use (which has an expiratin and the Twnship can chse nt t renew the permit shuld cnditins change in the area) helps ensure that the intent f the Twn Bard will be met. 5. The use is cnsistent with the purpses f the Zning Ordinance and the purpses f the zning district in which the applicant intends t lcated the prpsed use: Yes. The area f the prpsed develpment has been zned as Urban Residential. The purpse f this district is: The Urban Residential district is intended t prvide pprtunities fr urban density (tw t three dwelling units per acre) residential develpment in areas that are mst readily served by urban infrastructure and services. Areas chsen fr this district are within existing r planned public sewer district service areas. Prpsed residential develpments that wuld create versized lts wuld be reviewed t facilitate an efficient and rderly transitin t urban densities at a future date shuld landwners chse t d s. See discussin in Items #1-4 abve. The semi-cmmercial use as a hme ccupatin prpsed fr the prperty is cnsistent with the Urban Residential zning district in which it lies given that such uses are specifically allwed by rdinance. 6. The use is in cnfrmance with the Cmprehensive Plan f the Twnship: Yes. The cmprehensive plan identifies the area f the prpsed develpment in the Future Land Use Map as Transitin Residential: Transitin Residential: The purpse f this land use categry is t prvide pprtunities fr residential develpment in areas nt currently identified fr prvisin f urban infrastructure, such as sewer, water, r strm drains, but that culd efficiently accmmdate urban husing densities within the next twenty-five (25) years as the ppulatin f the area increases. These areas may be develped at rural r semi-rural densities, but are intended t be designed in a manner than allws fr a transitin t urban densities f husing in an rderly and efficient manner as sewer, water, r ther public infrastructure r services becme available. This may be accmplished thrugh ghst platting, cnservatin subdivisin designs that cluster hmes n urban-sized lts, prvisin f urban sewer r rad infrastructure at the time f develpment, r by ther apprpriate means. Where sensitive r unique natural r cultural resurces are present, a cnservatin subdivisin design that prtects these resurces may be required. Lng-term cmmercial/industrial uses that are incmpatible with residential uses shuld nt be allwed in this district. Alexandria Twnship 4(a) - 11

12 Typically, the intent f this district is nt fr lng-term cmmercial uses if they are incmpatible with residential uses. Hwever, temprary ( interim ) hme ccupatins are allwed and cnsistent with the Cmprehensive Plan in that any request t cntinue renewing the interim use permit can be denied shuld cnditins change and the use is n lnger deemed cmpatible with the area. 7. The use will nt create a traffic hazard r cngestin: Yes. The prpsed cabinet shp will certainly have the ptential t increase traffic t the pint where it becmes a nuisance t neighbring prperty wners, and pssibly t the pint where it wuld require additinal rad maintenance by the Cunty, but seems unlikely t be such that it wuld create a hazard r cngestin. Hazel Hill rad is a paved Cunty rad designed fr relatively large levels f traffic and the rad is currently being widened/imprved t increase safety. 8. The use will cnfrm t the applicable zning regulatins, including any dimensinal restrictins the regulatins may impse n buildings r uses: Yes. The existing buildings cnfrm t all applicable zning regulatins fr height, size and setbacks. The use f the prperty fr a hme ccupatin is allwable as an interim use. 9. The use will terminate upn a date r event that can be identified with certainty and/r clarity: Yes. The rdinance specifies that a terminatin date fr all interim uses shuld be set. If the permit were granted, and then later nt renewed, the buildings n the prperty wuld nt be verly difficult t cnvert t typical residential use. 10. The use will nt impse additinal csts n the public if it is necessary fr the public t take the prperty in the future: Yes. The main ptential fr additinal csts t the public wuld be if the site became filled with equipment, machinery, lumber etc and was then abandned by the wner. In such a case, the Twnship may incur clean up csts. Hwever, with prper limitatins n the amunt f material/equipment that can be stred utside n the prperty, it wuld seem very unlikely that any clean-up csts wuld be excessive. The buildings and structures n the site, as nted abve, wuld lend themselves t residential use that is typical in the neighbrhd. 11. The use will be subjected t, by agreement with the prperty wner, any cnditins that the Twn Bard deems apprpriate in allwing the prpsed interim use, including a cnditin that the wner will prvide an apprpriate surety t cver csts that wuld be necessary t eliminate the interim use frm the prperty, including remval f buildings, equipment, restratin f the landscape t a suitable cnditin r ther apprpriate and necessary csts: Needs discussin. If the Twnship s chses, it culd require a surety (e.g. bnd r cash escrw) t cver the cst f remving materials r buildings frm the site. Due t the nature f the prpsed use, with very little equipment expected n the site, this may nt be necessary. Alexandria Twnship 4(a) - 12

13 12. Specific Findings Relating t Hme Occupatin Regulatins: Custmer Activity: MAHO may attempt t attract ptential r actual custmers t physically enter the prperty but nly by appintment and such that limited numbers f custmer vehicles are present n the prperty at any ne time. The applicant states that apprximately 1-3 custmer vehicles are present n the prperty in any given week. Custmer activity in this amunt wuld meet the abve requirement. Pickups and Deliveries Pickup and delivery activities shall nt blck traffic r pse a safety hazard: MAHO and HAHO any pickups r deliveries f prducts, supplies, equipment r ther materials by vehicles larger than 26,000 lbs. GVW shall be limited t n mre than ne per week and nly between the hurs f 7:30 am and 7:30 pm unless therwise determined by the Planning Cmmissin. The applicant states that 1-3 delivery vehicles (r less) ccur per week. Pickup and delivery activity in this amunt wuld meet the abve requirement. Lcatin and Residency Requirement All hme ccupatins must be lcated n the hmestead f the business peratr r n an adjacent lt under the same wnership. Fr the purpses f this sectin, a lt shall be cnsidered adjacent if any prtin f the lt is within 100 feet f any prtin f the hmestead lt, unless therwise apprved by the Twnship. The wners f the prpsed hme ccupatin live n the same prperty. Minimum Lt Size and Setbacks t Nearby Dwellings: LAHO and MAHO n minimum lt size r setback requirements frm nearby dwellings unless specifically required by the Planning Cmmissin The lt is ver 7 acres in size and is adequate fr the amunt f space necessary fr the prpsed business, parking, deliveries, etc Outside Strage: MAHO n utside strage f supplies, equipment r maintenance items shall be allwed, except that up t tw business-related vehicles (under 26,000 lbs GVW) may be stred utdrs; all ther wrk and wrk related items shall be kept in an enclsed structure r building such that they are nt visible frm neighbring prperties r frm a public rad right-fway. The applicant has nt requested any utdr strage and it des nt appear that it has had any ver the past 10+ years f peratin. Parking Parking areas shall be limited in size s as nt t exceed that typical f the surrunding neighbrhd, except where specifically allwed by the Twnship. In such cases, the Twnship may impse requirements fr screening r landscaping f the parking area s as t minimize its impact n the neighbrhd character. Alexandria Twnship 4(a) - 13

14 The lt currently has a relatively large parking area sufficient fr the amunt f traffic that has been ccurring n the site and is anticipated. Nise Excessive r sustained nise levels are prhibited. Excessive r sustained nises shall be thse in vilatin f Alexandria Twnship Ordinance (Ordinance Regulating Nise). Staff is nt aware f any nise cmplaints ver the past 10+ years f peratin and the nisy part f the peratin shuld be adequately cntained within the shp area. Lt Cverage Shall cmply with the limitatins f the underlying zning district. The lt cverage maximum is 25% f the lt size. With a 7 acre lt, this is nt and shuld nt- be a prblem. Water and Sanitary Facilities The site must be capable f supprting adequate n-site sanitary (sewer and water) facilities t serve bth the primary dwelling and the activities f the hme ccupatin. The site is served with a private sewer system that is adequate fr the use n the prperty. The cabinet shp wuld create nly minimal additinal sewage frm emplyees (if any). Pllutants and Waste - The peratr f a hme ccupatin shall prperly dispse f all liquid, gaseus r ther pllutants and slid waste including but nt limited t garbage, decayed wd, sawdust, shavings, bark, lime, sand, ashes, il, tar, chemicals, ffal, and all ther waste materials. These requirements will need t be met. Staff is nt aware f any cmplaints f imprper handling f such pllutants r waste. Hurs f Operatin N business activities assciated with a MAHO r HAHO shall ccur between the hurs f 7:00 pm and 7:00 am, unless therwise stated in the interim use permit. The applicant has prpsed t perate within the 7am t 7pm hurs, with nly the pssibility f ccasinal deliveries at arund 6am. Signage: MAHO N signage allwed. The applicant has prpsed a small sign ( apprx.. 6 sq ft r less). Hwever, given a 2015 US Supreme Curt ruling regarding sign regulatins that largely prhibits a cmmunity frm regulating the message n a sign, and the fact that the Twnship s sign regulatins exempt signs 6 sq ft r less in size, s lng as the sign is 6 sq ft r less it cannt be regulated. Impacts n Public Rads Weight Limits All psted weight limits fr rads shall be beyed. Alexandria Twnship 4(a) - 14

15 Dust Cntrl If lcated alng a twnship rad, a hme ccupatin shall enter int a written agreement with the Twnship relating t additinal dust cntrl measures created by the hme ccupatin The prperty is nt lcated alng, r served by, a Twnship rad. Emplyees MAHO Nne (0), unless therwise apprved by the Twn Bard. The applicant states that they have tw (2) part time emplyees beynd family members. This will need t be specifically apprved by the Twnship. Planning Cmmissin Directin: The Planning Cmmissin may recmmend apprval f the prpsed use as an interim use, denial f the request(s), r table the request(s) if the Cmmissin shuld need additinal infrmatin frm the applicant. If the Cmmissin shuld apprve r deny the request, the Cmmissin shuld state the findings which supprt either f these actins. Staff Recmmendatin: Based n the findings f fact and discussin listed abve Staff recmmends apprval f the requested interim use permit with the cnditins as listed belw. If the interim use is apprved, Staff recmmends cnsideratin f the fllwing cnditins f apprval: 1. That the hurs f peratin f the cabinet shp be limited t between 7:00 am and 7:00 pm, with the exceptin that deliveries may be made between the hurs f 6:00am and 9:00pm. 2. That the prperty maintains an appearance mre like a residential setting than a business setting, cnsistent with the requirements f the rdinance. This shall include, at a minimum: a. N utdr strage f equipment, lumber r any ther business-related materials fr lnger than 12 hurs unless screened as required by the rdinance. b. Any signage fr the facility shall be limited t n mre than 6 sq ft in size. c. That the number f nn-immediate family emplyees shall be limited t tw (2) full time equivalents, but nt mre than fur (4) persns. 3. That the interim use shall terminate 5 years after the date f its apprval by the Twn Bard, unless ne f the earlier events utlined in the Zning Ordinance triggering a terminatin ccurs first. (Nte: Interim Uses are typically granted an initial perid f five years, althugh the Twnship can establish any timeframe that it feels is necessary t prtect the neighbrhd and ensure cmpliance). Alexandria Twnship 4(a) - 15