HomeMy WebLinkAbout2006 04-13 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
APRIL 13, 2006
STUDY SESSION
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Minutes — March 2, 2006
4. Administer Oath of Office (Commissioner Ford, Lund and Parks)
5. Election of 2006 Chair
6. Election of 2006 Chair Pro Tem
7. Chairperson's Explanation
The Planning Commission is 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.
S. Dale Hartman 2006 -003
Request for Special Use Permit to conduct a home occupation in the garage at 6301
Brooklyn Drive.
9. Other Business
10. Adjournment
Application Filed on 3 -22 -06
i
City Council Action S hould Be
Taken By 5 -21 -06 (60 Days)
Planning Commission Information Sheet
Application No. 2006 -003
Applicant: Dale Hartman
Location: 6301 Brooklyn Drive
Request: Special Use Permit (Home Occupation)
The applicant, Dale Hartman, is requesting Special Use Permit approval to conduct a
woodworking home occupation in the garage at his residence, 6301 Brooklyn Drive. The
property in question is zoned R -1 and is located at the northwest corner of Brooklyn Drive and
63 Avenue North. It is bounded on the west and north by R -1 zoned property containing single
family homes; on the east by Brooklyn Drive with single family homes on the opposite side of
that street; and on the south by 63rd Avenue North with single family homes on the opposite side
of that street. Home occupations that involve the use of an accessory structure on the property
are considered special uses requiring the granting of a special use permit by the City Council
following review, public hearing and recommendation by the Planning Commission.
The applicant has submitted a letter along with his application explaining that he currently has a
cabinet and woodworking shop in the basement of his home and that he would like to move it
. into his garage. He also plans to build a 16 ft by 34 ft. addition to the existing garage which
would house the proposed cabinet and woodworking home occupation. He explains that he
primarily makes kitchen cabinets, countertops, bookshelves and other similar items. He adds that
occasionally his wife and brother may work with him but that there would be no other employees
involved in the home occupation. It should be clarified as to whether or not his brother resides
on the property or not. His proposed hours of operation are between 8 a.m. and 5 p.m., which we
assume to be Monday through Friday. Clarification on this point should be sought as well.
The applicant indicates that he rarely has customers stop by and has no need for any additional
parking. Deliveries are made four of five times a month by UPS, Speedy Delivery or a small
truck. He plans to have a fire extinguisher and smoke alarm in the shop at all times for safety
purposes. He would also like to have a sign advertising the business on site. He would be
eligible for such a sign provided the special use permit is granted and provided a sign permit is
obtained. Signs typically are not permitted to be attached to fences, power poles and trees. He
lists the equipment to be used in the home occupation as a ten inch table saw, six inch joiner, 12
inch planer, 18 inch drum sander and a few small specialty tools, and small routers and hand
tools.
The Planning Commission's attention is directed to Section 35 -900 of the Zoning Ordinance
(copy attached) regarding the definitions for home occupation and home occupation, special,
Section 35 -405 and 35 -406 regarding additional requirements for home occupations and home
occupations, special (also attached).
• 3 -2 -06
Page 1
Special home occupations are defined as any gainful occupation or profession carried on within a
dwelling unit or any permitted accessory building or installation on a lot by a family member
residing within the dwelling unit, which is clearly incidental and secondary to the residential use
of the dwelling and any accessory structure and the lot upon which it is conducted. Some of the
main concerns with this special home occupation are the potential for noise and vibrations
perceptible beyond the boundaries of the lot which may be a concern to surrounding property
owners. Other concerns may relate to the potential for traffic within the neighborhood.
Given the comments from the applicant in his letter it does not appear that there will be a lot of
traffic associated with the home occupation. Limited deliveries are proposed, he indicates that
no customer traffic is anticipated and, therefore, there should not be a great impact with respect
to the applicant's proposal. Having his brother involved in the home occupation, if he is not a
resident at 6301 Brooklyn Drive, would be considered a non - resident employee. Up to one non-
resident employee is allowed as part of a special use permit under the city's Zoning Ordinance.
This arrangement could be authorized as part of the special use permit.
Another point of significance is the fact that the home occupation must be incidental and
secondary to the residential use of the property as well as being incidental and secondary to the
accessory use on the site. The garage must be capable of continuing its function as an accessory
building to the principal building on the site and should not be solely a workshop for business
purposes. It should still have the ability to house motor vehicles and provide accessory storage,
which is the purpose of an accessory installation on the site. .
Attached also for the Commission's review is a copy of Section 35 -220, Subdivision 2 of the
Zoning Ordinance which contains the Standards for Special Use Permits. It is not anticipated
that the proposed home occupation as indicated by Mr. Hartman would be in conflict with the
standards outlined in the Zoning Ordinance.
It is recommended that the Building Official review the accessory structure as well as the
addition to it for safety considerations.
A public hearing has been scheduled and notices of the Planning Commission's consideration
have been sent to neighboring property owners.
It appears that the proposed home occupation can be considered acceptable if operated in the
manner described by the applicant. This home occupation is quite similar to one granted to Mr.
Adam Swan at 5821 Camden Avenue North, approved by the City Council on March 13, 2006.
Approval of the special use permit is recommended subject to at least the following conditions:
1. The Special Use Permit is granted for a woodworking home occupation involving
the use of an accessory structure on the property. Said home occupation will
involve woodworking, cabinetry and furniture making as well as other incidental
items. This home occupation may not be altered or expanded in any way not
2 -13 -06 •
Page 2
comprehended by this application without first securing an amendment to the
Special Use Permit.
2. The Special Use Permit is subject to applicable codes, ordinances and regulations.
Any violation, thereof, may be grounds for revocation.
3. All vehicle parking associated with the home occupation shall be off street on
improved space. Vehicle parking on the property shall be in compliance with
Section 19 -103, Subdivision 12 of the City Ordinances regarding the size of
vehicles allowed.
4. The hours of operation shall be between 8 a.m. and 5 p.m. Monday through
Friday.
5. All materials and equipment associated with the home occupation shall be stored
indoors. There shall be no outside storage associated with this home occupation.
6. The applicant shall comply with recommendations of the Building Official with
respect to safety related matters regarding the location and operation of this home
occupation.
• 7. The applicant shall provide appropriate fire extinguishers in the area of the home
occupation per the recommendation of the Building Official.
• 2 -13 -06
Page 3
• � �' ' - - aa iwwns
Ito � r
Q
d,t33a0 � NM ti
`r' o
1 �
t
;V:;;: . ,�, - w,., >.•:: Fir: , r;�; � w
�.. ._.; ..' •'� :�;i:<� >t,:s ^� k �'fi : '�`::.{.�'�M�r• "rte; � � V
rr. `• �'�'�'i, + ' .�C;�� . ��''� "K .s' ='r` : ,,t 'a5r +.- �Ny 4Iy�
�.:'s "� -_ :., -: ;,,.•s: '':.'# I,r vF ' L.L.
:+`: �? ''' '' r s` l ... •c:,; :. • Mb..: .,'fit^.: ":<. W K (A a
z a > z
�y , :a ; •ci:' 1 %iii' -.- r ?j ;�` },,•:, T 7 8 U
` �.: Y.1. ~i• :i' •'r�: rt'Y;[,. }!T•- : . Y 't�ii�.' I' 3'l : -.,
�• <•� f:�:' t� •+r';fi, "'. •:tit.: �. :t�.:. i,';': } s=.::t ti F:v�. :'i •: F � ..�, .,..
- ':,(iG1iS: iT_'• yr,:. .�i§�:�i.N ; {;�,ti,i � ::Y;r "ti:F:'`�'
� /� r)y;;:S' t : "i'&:hSS: r'i. '�'�.: v % ?. ::M1iw:_�. � :':�5. }» z' •,_�, � ..
.!'r O �L/ �� 5�.. '- .�•.. �:�..� �.A':i:.. .y4. ,.a ;•. ';r.. •GiY:: ij: =i::
•..Y �� �> • {x+ ;,ii. .rN.` - •.K,�:: ° _ il':: .`'"r•�� :4�S� �.i':Y. ?',•,':' i:7:�.:.r ,a?.:
-- at O XS:; - '� ..`••� '}s�5i:'�:it,^.LS�!(r?{':, 1 • ',�,i1° a:''/: ".! I, j.,.. _
-�:< :,,,:� :xis � N ,A , :.�`' , t +.:.;= ��:.•.,... .�,.
•. .^ y'i.' ,j �c4 i F '_ v O • :'ii • .f _ i.. t:.::''� �t"•.i•tr: ']: ti':::
44 a e v
EEWAY' lift
A 3 — 12 — b o FEW
I In
® o � nil
z e
z I I I M"I' �-
LOGISMap Output Page Page 1 of 1
8�
i
j :
MVw. Mrih A-WS. Cqwy,."(CttCR,YSC
i
http:// gis. logis. org/ servlet/ com. esri .esrimap.Esrimap ?ServiceName =bc LOGISMap OV &C... 4/5/2006
r
Request for special permit for home base business
From;
Dale Hartman
6301 Brooklyn Drive
Brooklyn Center, MN 55430
I have a cabinet, wood shop in my basement and would like to move it into my garage. I would
like to build a 16' x 34' addition to my existing garage. The shop would include the existing garage and
the new addition.
I make kitchen cabinets, counter tops (laminate or solid surface), bookshelves, etc.
I occasionally have my wife and brother work with me but there would be no other employees.
Hours of operation would be from 8am to 5pm.
I rarely have customers stop by, and would have no need for additional parking.
Deliveries are made 4 or 5 times a month by UPS, Spee Dee Delivery, or a small truck.
A fire extinguisher and smoke alarm would be in the shop at all times for safety.
I would like to have a small sign (2.5 sq. ft.) on the building or on the chain link fence near the
building.
Equipment I use is typical for any small wood shop and could be found in most home
hobby shops. such as a 10" table saw, 6" jointer, 12" planer, 18" drum sander, a few small specialty tools,
and small routers and hand tools.
The finishes I use are mostly water based which have very little smell and no flammability.
I have had the business in the basement for 3 years and have had no complaints from neighbors.
r
pa ^x`• is -... .... •' . �... ,, .. ..., r .:. r++ v,.. l-? Me{ �4' W! riEMYi�ilir• FM'! clt�ii�i •Cr.:{H'hx!MM4�'YRi`ailFiP
CERTIFICATE OF SURVEY
RECEIVEp
APR .14 2D00 N
O� CITY OF BROOKLYN CEaTER'
74" .,r1rf. :,..
too
L l
IV
A
N :
N
14 .0 ;
- 7 Sr 30 rr, �y,
4!
63RD AVENUE N
Scale •1 w.3G �..�. c.►..� ;�:, , , ,.
Bearings are based on 4ssumed datum
o, Denotes .1/2" o Iron Pipe Set �� -r•.� ��T A� �or,>,,
• Denotes ; i Nn monument • found ,?�. -., �, �p „� L , o �,,,��•,, +
"A'.9 M ERI LA We here certify that this is a true and correct npr��tatlon
the boundaries of the above described land and of the locatior�ot a11buUditao;^'
&ASSOCIATES if any, thereon and all visible encroachments, If any, froni`or on'�aid laid.;, µ..
ENGINEERING SURVEYING PLANNING As surveyed this / day of..J�,
8401 73rd Avenue North, Suite 63 �Y..,�j�%�c1.olcr MMwt. Me.;.No:
Brooklyn Park, Minnesota 55428 Land �lw " !i
Telephone (812) 533.7595 Job Na. q o -13gr hook .'
.Fax.(812) 533.1937 Ma
• i
e
r
63r
d Nje u
5�
1
a) ; 25.5'
Q
18' x 21.5' ,a'
1z' Deck ,LS�_, Pr
C I 16 x 34 10 —�
Shop
1 Addition
� LO A— 24,
O ~ 49 —8.—
O 12 i
M � Home
W
14' 14 x 7
Scale 1/16" = 1' I Deck Existing
24 x 24
39.5' Garage
Driveway
Wood Fence
125
r
! • 0
1 34
�— 42 1 28 314 I 611/4 1 28 314 1 73114 1 28 314 I 54114 ` 283/4 1 62114 '
11 101 11 30 84 189
--
Dust Colle or
� S _
l M iter BOX Planer
Sander
s Drum Sander
t CO
i 84 s
4 Door
r --
a
36 9
Table Table 75
� Doubl woor
Saw -
Show
Room �
� Jointer '
Pocket Cutter
Hole Press Hinge Press
Router \
D&K 6301 Brooklyn Drive
Brooklyn Center, MN 55430
CABINETS LLC 763 - 516 -3637
a. In any yards: Off - street open parking spaces; terraces; awnings; canopies;
steps not exceeding 10% of the area of the yard; chimneys; flagpoles; air
conditioner condensers; temporary seasonal swimming pools; opaque fences,
hedges, or walls provided they shall not exceed four feet in height in front
yards and provided they do not impede vision within the sight triangle
described in Section 35 -560, or a clear view of the address of the principal
building. Fences, hedges, or walls may exceed four feet in height alongside
interior property lines. No fence, hedge or wall shall be allowed which
constitutes an unsafe sight obstruction for pedestrians or motor vehicle
operators.
b. In rear yards: Recreational and laundry drying equipment; arbors and
trellises; balconies limited to 15% of the yard area; breezeways, open
porches; detached outdoor living rooms (patios).
9. Interior residential lots shall have a minimum rear yard area of 30% of the total lot
area, exclusive of permitted accessory structures.
10. Setbacks along major thoroughfares as designated in Section 35 -900 shall in all cases
be at least 50 feet, measured from the street right -of -way line, except for commercial
buildings located in commercial zoning districts (C1 and C2) or accessory structures
or where the property abuts a marginal access street or where the property abuts a
• noise wall or noise berm constructed by Mn/DOT, or where the City Council finds
that excess right -of -way mitigates the effects of traffic noise, dust, and fumes. In
such cases, the setback requirements shall be as contained in the Table of Minimum
District Requirements.
11. Service /office (Cl, CIA) uses abutting major thoroughfares shall have minimum lot
area of one acre.
12. In instances where an existing one or two family structure in a residential zoning
district is deficient in its setback from the front, side, or rear property line by not
more than 30% of the setback requirement, the structure may be expanded along the
existing building line, provided there is no greater encroachment into the required
yard area. This provision in no way permits the expansion of a conforming structure
resulting in a setback less than established by this ordinance.
Section 35 -405. ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS:
1. No home occupation shall produce light, glare, noise, odor or vibration perceptible
beyond the boundaries of the lot.
2. No home occupation shall involve the use of any accessory structures or installations.
•
City of Brooklyn Center- 35 -57 December 3, 2005
3. No home occupation shall involve the use of equipment other than that customarily
found in a residential dwelling unit.
4. No home occupation shall involve the retail sale of merchandise produced off the lot.
5. No home occupation shall involve the employment on the lot of persons who are not
members of the family residing on the lot.
6. No home occupation providing day care shall serve more than twelve (12) children in
the R1 district, five (5) children in the R2 and R3 districts, or five (5) children,
including children of the family occupying a dwelling unit in other residential
districts (R4 through R7). This subsection is not intended to supersede any lease
arrangements which may be more restrictive.
7. No home occupation shall cause traffic congestion on the lot containing the home
occupation or on the streets adjacent thereto.
8. No automobile parking related to the home occupation shall be permitted on the
street.
Section 35 -406. ADDITIONAL REQUIREMENTS FOR SPECIAL HOME
OCCUPATIONS:
1. All special home occupations shall require approval of a special use permit pursuant •
to Section 35 -220 of the Brooklyn Center Zoning Ordinance.
2. No special home occupation shall use more than one accessory structure or
installation and such structure or installation must be a permitted use under Section
35 -310 and Section 35 -311 of the Brooklyn Center Zoning Ordinance.
3. A special home occupation may use equipment not customarily found in a residential
dwelling unit.
4. No special home occupation shall employ, at any one time, more than one person
who is not a member of the family occupying the dwelling unit.
5. No special home occupation may include the teaching of more than ten (10) students
at one time who are not members of the family occupying the dwelling unit.
6. No special home occupation shall cause traffic congestion on the lot containing the
special home occupation or on the streets adjacent thereto.
I
•
City of Brooklyn Center 35 -58 December 3, 2005
I
7. No automobile parking related to the special home occupation shall be permitted on
the street provided, however, that upon a finding that the special home occupation is
not feasible without on street parking, the City Council may authorize parking on the
street based upon a consideration of Section 35 -220.2 and of the following:
a. The amount of the applicant's street frontage.
b. The rights of adjacent residents to park on the street.
C. Preservation of the residential character of the neighborhood.
8. No special home occupation shall produce light, glare, noise, odor or vibration
perceptible beyond the boundaries of the lot.
9. No special home occupation shall include the retail sale of merchandise produced off
the lot.
Section 35 -410. SPECIAL REQUIREMENTS IN R3, R4, R5, R6 AND R7 DISTRICTS.
1. All storage shall be contained wholly within an enclosed building.
2. The incineration of waste matter shall be conducted in approved equipment located
• within the building wherein the permitted use is conducted. Equipment shall be
considered "approved" when approved by the zoning official and sanitarian.
3. Where a proposed R3, R4, R5, R6, or R7 development abuts an R1 or R2 district
other than at a public street line, buffer provisions shall be established. There shall
be provided a protective strip not less than 25 feet wide in the case of R6 and R7 uses
and not less than 15 feet wide in the case of R3, R4 and R5 uses. The protective strip
shall contain an opaque fence or a Council approved substitute. The protective strip
shall be landscaped and not be used for parking, garages, driveways, off - street
loading or storage. The screening device design must be approved by the City
Council as being in harmony with the residential neighborhood and providing
sufficient screening of the multiple dwelling area. A proposed fence shall be no less
than four feet in height and shall not extend within 10 feet of any street right -of -way.
4. No building permit shall be issued until a site and parking layout has been approved
as provided in Section 35 -230. No parking shall be permitted within 15 feet of the
street right -of -way, and the 15 foot area shall be maintained as a green strip.
•
City of Brooklyn Center 35 -59 December 3, 2005
6 ,5e- - r ,
Floor /area ratio - The numerical value obtained through dividing the gross floor area of a
building or buildings by the total area of the lot or parcel of land on which such building is located.
Garap-e, private - An accessory building or an accessory portion of the dwelling building
intended for or used to store private passenger vehicles of the families resident upon the premises
and in which no business, service or industry connected directly or indirectly with automotive
vehicles may be carried on.
Garaize - school bus - A building, or portion of a building, used for the storage of school
buses (defined in M.S.A. Section 169.01, Subdivision 6), or where any such vehicles are kept for
remuneration or hire, excluding major repair of such vehicles.
Green Strin - An area containing only vegetation such as grass, trees, flowers, hedges, and
other related landscaping materials, and maintained expressly for such purpose.
Grout) Dav Care Facilitv - A facility licensed by the Minnesota Department of Public
Welfare to provide child care for six or more children at one time. This term also includes, but is not
limited to, facilities having programs for children known as nursery schools, day nurseries, child
care centers, play groups, day care centers, cooperative day care centers and Head Start programs.
Home Occupation - Subject to the further limitations of Section 35 -405 of the Zoning
Ordinance, a home occupation is any gainful occupation or profession, carried on within a dwelling
unit, by a family member residing within a dwelling unit, which is clearly incidental and secondary .
to the residential use of the dwelling unit and the lot upon which it is constructed, including, without
limitation, dressmaking, secretarial services, professional offices, answering services, individual
music or art instruction, individual hobby crafts, and day care and similar activities.
Home Occupation, Special - Subject to the further limitations of Section 35 -406 hereof, and
subject to approval by the City Council, a special home occupation is any gainful occupation or
profession carried on within a dwelling unit or any permitted accessory buildings or installations on
a lot, by a family member residing within the dwelling unit, which is clearly incidental and
secondary to the residential use of the dwelling unit, the accessory structures, and the lot upon which
it is constructed, including, without limitation, barber and beauty services, shoe repair, photography
studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar
activities.
Hosnital - An institution licensed by the state Department of Health primarily engaged in
providing, by or under the supervision of physicians, to inpatients (A) diagnostic services and
therapeutic services for medical diagnosis, treatment, and care of injured, disabled or sick persons,
or (B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons.
Hotel - A building which provides a common entrance, lobby, and stairways, and in which
lodging is commonly offered with or without meals for periods of less than a week.
City of Brooklyn Center 35 -88 December 3, 2005
City of Brooklyn Center
Special Use Permits - Section 35 -220
• 2. Standards for Special Use Permits
A special use permit may be granted by the City Council after demonstration by evidence that all of the
following are met:
a. The establishment, maintenance or operation of the special use will promote and enhance the general
public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort
b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity
for the purposes already permitted, nor substantially diminish and impair property values within the
neighborhood.
c. The establishment of the special use will not impede the normal and orderly development and improvement
of surrounding property for uses permitted in the district
d. Adequate measures have been or will be taken to provide ingress, egress .and parking so designed as to
minimize traffic congestion in the public streets.
e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it
is located.
3. Conditions and Restrictions
The Planning Commission may recommend and the City Council may impose such conditions and restrictions
upon the establishment, location, construction, maintenance and operation of the special use as deemed
necessary for the protection of the public interest and to secure compliance with requirements specified in this
• ordinance. In all cases in which special use permits are granted, the City Council may require such evidence
and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith.
4. Resubmission
No application for a special use permit which has been denied by the City Council shall be resubmitted for a
period of twelve (12) months from the date of the final determination by the City Council; except that the
applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to
gain the consent of the City Council for resubmission at an earlier time.
5. Revocation and Extension of Special Use Permits
When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall
expire without further action by the Planning Commission or the City Council unless the applicant or his
assignee or successor commences work upon the subject property within one year of the date the special use
permit is granted, or unless before the expiration of the one year period the applicant shall apply for an
extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use
Permit" application requesting such extension and paying an additional fee in an amount as set forth by the
City Council resolution.
Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire
within one year of the effective date of this ordinance if construction upon the subject property pursuant to
such special use permit has not commenced within that time.
In any instance where an existing and established special use is abandoned for a period of one eyar, the special
use permit related thereto shall expire one year following the date of abandonment.
_ r