Loading...
HomeMy WebLinkAbout2007 01-11 PCMMINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 11, 2007 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:00 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rachel Lund, Michael Parks and Sean Rahn and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Gary Ford was absent and unexcused. APPROVAL OF MINUTES - DECEMBER 14.2006 There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to approve the minutes of the December 14, 2006 meeting as submitted. The motion passed. Commissioners Lund and Rahn abstained as they were not present at the meeting. ADJOURNMENT There was a motion by Commissioner Roche, seconded by Commissioner Lund, to adjourn the 2006 Planning Commission. The motion passed unanimously. The meeting adjourned at 7:02 p.m. ADMINISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to Graydon Boeck and Sean Rahn. CALL TO ORDER: 2007 PLANNING COMMISSION The 2007 Planning Commission was called to order by Chair Pro Tern Rahn at 7:04 p.m. ROLL CALL 2007 PLANNING COMMISSION Chair Pro Tem Sean Rahn, Commissioners Graydon Boeck, Rachel Lund, Michael Parks, and Tim Roche were present. Also present were Mayor Tim Willson, Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Rebecca Crass. Gary Ford was absent and unexcused. ELECTION OF 2007 CHAIR AND CHAIR PRO TEM Chair Pro Tem Rahn opened the floor for nominations. There was a motion. by Commissioner. Boeck, seconded by Commissioner Roche to nominate Commissioner Rahn as Chair of the 2007 Planning Commission. Chair Pro Tem Rahn asked for further nominations three times. Hearing none, he asked for a motion to close the nominations. 1-11-07 Page 1 There was a motion by Commissioner Boeck, seconded by Commissioner Lund, to close the nominations for Chair of the 2007 Planning; Commission and to elect Commissioner Rahn as C:' hair of the 2007 Planning Commission. 1 "he motion passed unanimously. There was a motion by Commissioner Boeck, seconded. by Commissioner Parks, to nominate Commissioner Roche as Chair Pro Tem. Chair Ralin asked for further nominations three times. Tearing none, he asked for a motion. to close the nominations. There was a motion by Commissioner Boeck, seconded. by Commissioner Parks. to close the nominations for Chair Pro Tem of the 2007 Planning Commission and to elect Commissioner Roche as Chair Pro Tem of the 2007 Planning Commission. 7:'he motion passed unanimously. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2007-001 DIANA PEPPE Chair Rahn introduced Application No. 2007-001, a request for Special Use Permit approval to conduct a home occupation to operate a recording studio at 3518 Woodbine Lane. The property is zoned R-1 and is surrounded by other single family homes and city owned open space (to the north). The proposed home occupation would involve customer traffic to the home and also the involvement of a non-resident employee, which requires the granting of a special use permit. Mr. Warren presented the staff report describing the location of the property and the proposal (See Planning Commission Information Sheet dated 1-11-07 for Application No. 2007-001 attached.) Commissioner Lund inquired about possible signs and additional lighting on the property to promote the business. Mr. Warren responded that to the best of his knowledge there was no additional lighting planned on the site and the issues of signs had not yet been discussed with the applicant. However, the sign ordinance allows one sign on the site for a home occupation. Commissioner Boeck suggested adding a statement to the recommended Condition No. 5 stating `within the building at 3518 Woodbine Lane'. Mr. Warren responded that the statement could be added if the Commission desires to do so. Commissioner Roche asked if there are any conflicts with the zoning ordinance requirements for a special use permit related to this application. Mr. Warren stated in his opinion there are no conflicts with regards to the application. Commissioner Lund referenced Chapter 35-220 of the City Ordinances specifically related to safety on the site. Mr. Warren responded that the language used in the ordinance is universal to special use permits. He added that following his review, the application meets the requirements of Section 35-220 of the city ordinances. He pointed out that many things required for a special use permit for a home occupation are not required in the average home. 1 1-11-07 Page 2 Commissioner Parks asked to see the photo of the west side of the property and asked if the property has been reviewed by the Fire Marshall regarding safety requirements. Mr. Warren responded that the property will be inspected by the Building Official for all code related issues including exiting and fire safety once the application has formal approval. PUBLIC HEARING - APPLICATION NO. 2007-001 There was a motion by Commissioner Roche, seconded by Commissioner Parks, to open the public hearing on Application No. 2007-001, at 7:43 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant, Diana Peppe, 3518 Woodbine Lane, and Jessicalee Gorski (business partner with Diana Peppe) introduced themselves. Commissioner Boeck asked what kind of music would be recorded. Ms. Gorski stated that it would be mainly vocalists with wood instruments. The studio would be occupied by an engineer and the artists, no additional musicians. Commissioner Roche asked about the level of expected traffic on the site. Ms. Gorski responded that there would be no more than an engineer and the artist on site along with herself or Ms. Peppe. Ms. Peppe added that this is a start up opportunity and they both have full time jobs and will only see clients on an appointment basis, one at a time. Commissioner Roche asked if they have discussed their proposal with the neighbors. The applicants responded that they had not. Commissioner Lund inquired how they will be open from `9 to 5' if that is when both applicant's work their regular jobs. The applicants responded that their jobs are very flexible and they have the ability to be available to customers during the day. Commissioner Parks asked what kind of equipment will be used and if they have allowed adequate floor space. Ms. Gorski responded that most of the equipment will be on a desk top which will allow plenty of room for recording in the studio. Ms. Peppe responded to an earlier question about lighting and stated that there is lighting in the back of the house if the rear entrance would be used. Commissioner Roche suggested that the applicant designate to their customers which entrance should be used. Ms. Peppe stated they plan to use the side entrance off a back porch. Ms. Diane Mosman, 3512 Woodbine Lane, stated that she is not in favor of having a recording studio next to her property. She has obtained signed signatures on a petition of other neighbors opposed to this use of the property. Ms. Mosman referenced Section 35-220, Subdivision 2a, of the City Ordinances and stated that she doesn't see how a recording studio would enhance the general public welfare since it would be no benefit to the neighbors. She added that it would be detrimental to the neighbors and subject them to additional vehicle trips down an already busy street since it is the primary access to Palmer Lake School and the park and will increase car noise already present at the applicant's property. She noted that booming car stereos are already the norm at the house. A home 1-11-07 Page 3 occupation would only make it worse. She added that the hours proposed are excessive and not appropriate. Commissioner Roche responded that perhaps there was a misunderstanding regarding the kind of use proposed by the applicant and the amount of traffic it would create. Ms. Mosman continued by inquiring whether or not there would be adequate parking on the site. She states that there are three people living in the house which leaves fewer spots for customer parking and may create parking on the street which is shared by pedestrians. She further stated that most traffic on Woodbine to the school is from Brooklyn Park residents and they come from the north down Woodbine Lane. Commissioner Boeck asked if Ms. Mosman understood that there would be no client parking on the street. Ms. Mosman responded that she feels that the residents of the home will park on the street to allow customer parking on the driveway. She showed a picture of how close the walkway that will be used by clients is to her house and how uncomfortable that makes her in her home. Ms. Carolyn Green, 3607 Woodbine Lane, stated her concern is about traffic and parking. She asked the applicant how many cars are currently parked in the driveway. Ms. Peppe responded that she only has one car and will park it in the garage and not on the street which leaves four parking spaces for her clients. Ms. Green stated that there are frequently four cars in the driveway at the residence. Mr. Warren emphasized that while the home occupation is being conducted, the recommended conditions of approval clearly state there can be no parking on the street, whether the applicant's vehicle or that of the clients. Chair Rahn added that any noise outside the perimeter of the property could be cause for revocation of the special use permit also. Mr. James Gustafson, 3519 Woodbine Lane, stated that all hours of the day he hears excessive noise from cars visiting the home and also from music coming from the home. Ms. Cheryl Johnson, 3500 Woodbine Lane, asked that if this use is permitted, how does it enhance the neighborhood since this is a small, quiet neighborhood? How often is the special use permit reviewed and how are the standards met? Mr. Warren responded that if the special use permit is approved, it is granted until there is a violation of the conditions of approval. He explained further that once a special use permit is granted, it should be secondary and incidental to the primary use of the property, one that would hardly be noticed by the public due to limited customer traffic. A special use permit is granted based on the application meeting the standards of approval outlined in the city ordinances. Ms. Mosman asked the applicant if there would be a security system on the site. Ms. Peppe stated that there would be a security system on site and they are willing to work with their neighbors to address their concerns with noise and traffic. Mr. Warren suggested that they consider shortening their hours of operation. Ms. Peppe responded that she would be willing to consider shorter hours of operation. Mr. Warren Anderson, 3400 Woodbine Lane, stated his concern is the unknown level of noise related to this proposal. He added that he feels that the increased level of traffic will be minimal. 1-11-07 Page 4 Commissioner Boeck stated that noise levels are regulated and enforced by the city and that if it is excessive, the proper authorities should be notified. Commissioner Roche addressed the applicant and suggested that maybe opening communication between herself and the neighbors might alleviate some of their concerns. Ms. Peppe agreed. No other persons from the public appeared before the Commission during the public hearing on Application No. 2007-001. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to close the public hearing on Application No. 2007-001, at 8:32 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Roche asked how the parking regulations will be enforced. Mr. Warren responded that while it is a condition of approval, the enforcement will most likely take place by neighbor complaints and calls to the city. It is impractical to have someone continuously monitor the situation, but review will take place. Commissioner Parks inquired about enforcement of the noise ordinance as it relates to the proposed home occupation, specifically noise secondary to the home occupation. Mr. Warren explained that would likely be a `disturbing the peace' violation and not necessarily a violation of the conditions of approval for the special use permit. He noted, however, the standard is noise and vibrations associated with the home occupation should not be perceptible beyond the boundaries of the lot. Chair Rahn stated that if all the regulations are met, approval of an application such as this cannot be denied. However, violations of the conditions can cause the applicant to lose her privilege to operate the home occupation. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2007-001 DIANA PEPPE There was a motion by Commissioner Roche, seconded by Commissioner Boeck, to recommend to the City Council that it approve Application No. 2007-001, submitted by Diana Peppe for a Special Use Permit for a home occupation to operate a recording studio at 3518 Woodbine Lane subject to the following conditions: 1. The special use permit is granted for a recording studio use in the lower level of the home at 3518 Woodbine Lane North. Said home occupation will involve customer traffic to the home and the involvement of a non-resident employee in the conduct of the home occupation. This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 2. The special use permit is subject to applicable codes, ordinance and regulations. Any violation thereof may be grounds for revocation. 1-11-07 Page 5 3. All parking associated with this home occupation shall be off street on improved space provided by the applicant. There shall be no on street parking associated with this home occupation and all vehicle parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the City Ordinances. 4. The hours of operation shall be between 9 a.m. and 7 p.m., Monday through Friday and 10 a.m. to 7 p.m. on Saturday. The studio will be closed on Sunday. Customers may utilize the recording studio on an appointment only basis and only at a time when the applicant and/or her partner/employee are present. 5. The applicant shall comply with all recommendations of the Building Official with respect to safety related matters regarding the location and operation of this home occupation. A building permit and Certificate of Occupancy shall be obtained also from the Building Official. 6. The applicant shall provide appropriate fire extinguishers and other safety materials in the area of the home occupation per the recommendation of the Building Official. Voting in favor: Chair Rahn, Commissioners, Boeck, Lund, Parks, and Roche. The motion passed unanimously. The Council will consider the application at its January 22, 2007 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:48 p.m. Chair Recorded and transcribed by: Rebecca Crass 1-11-07 Page 6