Council Gives 'OK' To Home- Based Sewer Business
HUGO - The second of two controversial "home occupation" applications came before the Hugo City Council on November 5, with council unanimously voting to approve an Interim Use Permit for Joe Modrow's sewer and drain cleaning business, located at 7180 177th Street North.
Council's approval went along with the recommendation of city staff but parted ways with the recommendation of the Planning Commission. On September 13, in two unanimous votes, the commission recommended against Modrow's IUP and an IUP for Jeremy L'Allier's neighboring concrete construction home occupation.
Explaining staff's recommendation in favor of Modrow's IUP, Community Development Director Bryan Bear said, "At the Planning Commission meeting, there were a number of neighbors who expressed concerns over the operation of the business, and the commission reacted to those concerns."
"There may have been a misunderstanding within the neighborhood about the type of business that was being operated on the property," Bear said, adding that an earlier business on the site had ceased operation and not all neighbors were aware of that.
While council upheld the commission's recommendation and voted on Oct. 1 to deny L'Allier's IUP application, in Modrow's case it agreed with staff that the sewer and drain business could coexist with neighboring residential properties.
"If this wouldn't be a workable situation to grant an IUP I don't know what would be," said Council Member Frank Puleo.
"As for this particular application, I can support something like this," added Council Member Mike Granger, contrasting Modrow's application with L'Allier's. Unlike L'Allier, Modrow lives on his property and his business doesn't involve extensive on-site work.
An Interim Use Permit is required for businesses that are based on residential properties and which could potentially impact the quality of life for residential neighbors.
IUP's are subject to council renewals with the renewal interval up to the council's discretion.
At the September commission hearing, Modrow's neighbors complained that there were too many vehicles on his property and that his vehicles were excessively noisy, especially backup beepers sounding during nighttime hours. They also complained that vehicles traveling on and off the property increased traffic in the neighborhood.
Council members, however, felt that the numerous trees on Modrow's property adequately screened his vehicles, limiting the aesthetic impact of his business. For his part, Modrow assured council that aside from emergencies his business only operates between the hours of 8 a.m. and 5 p.m. He also said that no drain or sewer work is performed on his property, and that a semi-truck currently being stored on his property would be sold within a year.Modrow spent considerable time talking to neighbors about the business following the commission's recommendation for denial, Bear noted in a later interview, adding that the "same level of concern on the part of the neighbors was not present at the council meeting."
Planning Commission Chairperson Dave Schumann said that he wasn't worried that the council's vote contradicted the commission's recommendation, stating that some of the issues about Modrow's application that were of concern to the Planning Commission - such as the storage of a semi-truck on-site and noise issues - have since been resolved through conversations between Modrow and city staff members. "I have no issue at all with council making this decision," he added. "I don't look at it as them overturning our decision, I look at it as a civic process."