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HomeMy WebLinkAbout2005 01-13 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JANUARY 13 J , 2005 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 2004 Planning Commission 3. Approval of Minutes - November 10, 2004 4. Adjourn 2004 Planning Commission 5. Administer Oath of Office, Graydon Boeck, Sean Rahn, Dianne Reem, Tim Willson 6. Call to Order: 2005 Planning Commission 7. Roll Call 2005 Planning Commission 8. Election of 2005 Chair 9. Election of 2005 Chair Pro Tern • 10. 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. 11. Glenn Kurke 2005 -001 Request for Special Use Permit approval to conduct a home occupation that will involve customer traffic at 6021 Bryant Avenue North. 12. Other Business 13. Adjournment Application Filed on 12 -23 -04 City Council Action Should Be Taken By 2 -21 -05 (60 Days) Planning Commission Information Sheet Application No. 2005 -001 Applicant: Glenn Kurke Location: 6021 Bryant Avenue North Request: Special Use Permit The applicant, Glenn Kurke, is requesting a special use permit to conduct a home occupation that will involve customer traffic at his home, 6021 Bryant Avenue North. The property in question is zoned R -1 and is located on the west side of Bryant Avenue North, midway between 60th and 61 Avenues North. It is bounded on the north, west and south by single family homes and on the east by Bryant Avenue with single family homes on the opposite side of that street. Home occupations that involve customer traffic at the home 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 (copy attached) explaining his proposed home occupation. He has run a small firearms business from his home for a number of years. The business involved repair and custom modification of firearms as well as legal sales of firearms from approved gun shows. Mr. Kurke has had a federal firearms license issued by the Bureau of Alcohol Tobacco and Firearms (ATF) for a number of years. This home occupation was considered a "permitted use" provided there was no customer traffic on the premises related to the home occupation and there were no retail sales of guns or other related merchandise that was produced off of the lot. It should be noted that there are other persons with ATF firearms licenses in the City operating under the same limitations. Mr. Kurke is in the process of renewing and upgrading his firearms license to manufacturing status, which would allow him to sell firearms he plans to custom build at his home. He will continue to also sell firearms at gun shows and through the Internet. These sales would not be conducted at his home. He will only sell firearms that he custom builds from his home. He will also still continue to service and repair firearms, which may also involve some customer traffic. 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 and also to Section 35 -405 and 35 -406 regarding additional requirements for home occupations and home occupations special (also attached). Retail sales of merchandise produced off of the lot are not allowed as a permitted or special home occupation. The applicant's proposal would be to sell only firearms he assembles or manufactures at his home, out of his home. He would continue to service and repair firearms from his home. Retail sales involving firearms produced off of the lot would be confined to gun shows and through the Internet, not requiring sale from his home. His home would also be a business address for his firearms business. I've had the opportunity to 1 -13 -OS 40 Page 1 meet with Mr. Kurke and his attorney regarding the operation of this home business and they are prepared to abide by the City's regulations that only firearms assembled or manufactured on the site may be sold at his home. All other sales will take place off premises. To our knowledge, no ammunition other than that for his personal use will be stored on the site. Also, no gun powder will be stored there. Mr. Kurke indicates that the hours of sales involving firearms produced by him would be confined to Monday and Wednesday afternoons by appointment only. The biggest concern with any home occupation is that it be incidental and secondary to the residential use of the property and not be detrimental to the health, safety and welfare of the general public; not diminish or impair property values within the neighborhood; not impede the normal and orderly development and improvement of surrounding property; not create traffic congestion in the public streets; and conform to applicable regulations of the district in which it is located (see Standards for Special Use Permits, attached). As mentioned previously, Mr. Kurke has been involved in and licensed to sell firearms for some time. This has been known to the city staff and he is well aware of the regulations involving home occupations. We are not aware of any violations of city ordinances regarding home occupations. He is willing to limit his sales on the property to only those firearms he custom builds and to specific times on an appointment only basis. He will continue to keep his ATF firearms license current and abide by all federal and state regulations with respect to this activity. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to surrounding property owners. It appears that the proposal is acceptable subject to the following conditions and considerations: 1. The special use permit is granted for a home occupation involving the sale of firearms that are manufactured or assembled at 6021 Bryant Avenue North and the service and repair of firearms in general. Said home occupation will involve customer traffic on the site. This home occupation may not be expanded or altered in any way not comprehended by this application without first securing an amendment to the special use permit. 2. No retail sales of firearms or other merchandise not produced on the lot shall be allowed. 3. The home occupation shall not involve the storage of ammunition, other than that for personal use, or raw materials such as gun powder or other explosives. 4. The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof may be grounds for revocation. 1 -13 -05 Page 2 I ' 5. All parking associated with this home occupation shall be off street on improved • space provided by the applicant. 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. 6. The hours for retail sales of firearms that are produced on the premises are limited to Monday and Wednesday between 12 noon and 6 p.m. 7. The applicant shall comply with recommendations of the Building Official with respect to safety related matters involving this home occupation. 8. A current copy of the applicant's ATF firearms license shall be kept on file with the the city. • 1 -13 -OS Page 3 ^J( —i'+1' I �/ `:S •? "1't:`+i% � fi' �.c ,r � 1l1 :•fir ,; .j;'�+ }� �yti:7 ►c�' r iw:4.• ~ c •r�� �t..� �" •f' %J: �' i 1, ' Elm OLDTAVE �. rt , a; •; , ^; :e's:'''`- •:' UMBOLI EN La -- G E _ 0 31 R V �\ y z - ! _ FR 3 LTAV N m ME'F SOr iz _ .. .— -- 1 JES Fl_ AVE. N. T A /E — _ , _ ""mil � I � p - ij 'r �`;•.y 7 Ttit C3L d. tj YAh OT . . +. , LE Rl 4 , l cAMDErJ AVE N ` � IAR 1 13 � C rQ • , t •. r �tq,a. r � ■ k• ip :i (f1• •a .. t• "`• + "r' r. J,P..4,'� .` �� I I 1 li� CP Ow, I `v 6'. N e� Glenn D. Kurke 8021 Bryant Ave. N. Brooklyn Center MN. 55430 • December 23, 2004 City of Brooklyn Center Planning Commission Dear Sir or Madam: My name is Glean Kurke. I have rived at 6021 Bryant Ave N. for over forty years. For the past several years I have held a Federal Firearms license ,and have tart a snap firearms business from my home. This has involved the repair and custom modification of firearms in my home workshop, as well as the legal sales of fir+earrns from approved gun shows. At this time, ny Federal Firearrns license is up for renewal. I am planning on upgrading to mardactune status My plan is to rmanufactum a very small quantity of specially dfles for a small group of select customers. I understand to be able to sell these custom built rifles from my home, I must obtain a special use permit Hours these sales would take place would be limited to Monday and Wednesday afternoon, by appointment only. Very low activity levels. This plan would involve no signs, employees, or any changes to my property or buildings, as these limited custom rifles would be hand assembled by myself in my basement workshop. Also, my home is equipped with a very sophisticated alarm system, as well as several safes. None of my neighbors are aware of my business for security reasons. I urge you to approve this plan. I am physically disabled, and this home business provides my major source of income. If it is not grantsd, my license vuill be r�1d, and I will be ford into bankruptcy. Thank you for your consideration Sincerely, Glenn D. Kurke • i • To whom it may concern, My name is Patrick Carroll and I live at 6018 Colfax Ave N in Brooklyn Center. I live directly behind Glen. This letter is an acknowledgement of Glen Kurke renewing his firearms license. I have no problem with him selling firearms from his home. Sincerely, Patrick Carroll • • r 8. The following shall not be considered as encroachments on yard setback requirements. a. In any yards: Off-street open parking spaces; terraces; awnings; P P g P , wrongs; 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 (C 1 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. City of Brooklyn Center 35 -55 October 4, 2002 ' n shall involve the use of any accessory structures or installations. 2. No home occupatto 4 other than that customarily 3. No home occupation shall involve the use of equipment � found in a residential dwelling uwt. ation shall involve the retail sale of merchandise produced off the lot. 4. No ho me occu P on the lot of persons who are not home occupation shall involve the employment 5 No t. members of the family residing on the lo roviding day care shall serve more than twelve (12) children in 6. No home occupation p e RI district, five (5) . children in the R2 and R3 districts, or five (5) c h il dre n, th of the family occupying a dwelling unit in other residential districts including children ede any lease arrangements (R4 through R7) This subsection is not intended to supers which may be more restrictive. tic congestion on the lot containing the home 7. No home occupation shall � e scent thereto. occupation or on the streets adj • related to the home occupation shall be p on the street. No a utomobile. . . AL REQU�MENTS FOR SPECIAL HOME Section 3 5-406. ADDITION • OCCUPATIONS: t p ursuan All special home occupations ation shall require appmval.of a special use pernai 1, Center Zoning Ordinance. Section 35 -220 of the Brooklyn structure or installation 2. No special home occupation shall use m ore be tahanermi d use under Section 35 -310 and . and such structure or installation must P Brooklyn Center Zoning Ordinance. Section 35 -311 of the me occupation may use equipment not customarily found in a residential 3. A special ho dwelling unit. home shall employ, at any one time, more than one person who occupation 4. No special the dwelling unit. is not a member of the family occu py of more than ten (10) students at 5 • No special home occupation ay f � f�y��g the dwelling unit, t who are not members ation shall cause traffic congestion on the lot containing the 6. No special home occup t thereto • special home occupation or on the streets adjacen City Ordinance. 35 -56 City of Brooklyn Center ..t i a } No automobile parking related to the special home occupation shall be permitted on the 7. et rovided, however, that upon a finding that the special home occupation is not feasible without on street parking, r: ea P the City Council may authorize parking on the street f 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, RS, R6 AND R7 DISTRICTS. e shall be�contained wholly within an enclosed building. 1 • All storag 2. The incineration of waste matter shall be conducted in approved equipment located. wherein the permitted use is conducted. Equipment shall be • within the building official and sanitarian. considered "approved' when approved b y the zoning Where a proposed R3, R4, R5, R6, or R7 development abuts an Rl. or �'Th�ere� � be 3' Pr p buffer provisions shall be e stablished . than at a public street line, provided a protective strip not less than 25 feet wide in use o f R6 R us shall not less than 15 feet wide zn the case of R3, R4 and RS rotective strip shall be contain an opaque fence or a Council approved substitute. The.P off-street loading or landscaped and not be used for parking, garages, driveways, ' t be approved by the City Council as being in storage. The screening device design must dent screening of the harmony with the residential neigliborhoo S be no less four feet in height and multiple dwelling area. A proposed fence : -. shall not extend within 10 feet of any street right-of-way . Permit shall be issued until a site and parking layout has been app roved as 4. No building P shall be permitted within 15 feet of the street provided in Section 35 -230. No parking strip right -of -way, and the 15 f • oot area shall be maintained as a green ` 35 -57 City Ordinance . - City of Brooklyn Center 4. Attic floor space where the structural headroom exceeds 7 -1/2 feet. 5. Interior balconies and mezzanines, where the structural headroom exceeds 7 -1/2 feet. 6. Enclosed porches, but not terraces and breezeways. 7. Accessory uses other than floor space devoted exclusively - to accessory off - street parking or loading. But shall not include the following: 1. Garages, open porches, and open patios. 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. Garage, 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. Garage - 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 Strip - An area containing only vegetation such as grass, trees, flowers, hedges, and other related landscaping materials, and maintained expressly for such purpose. Group Day Care Facility - 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. City Broold Center 35 -85 City Ordinance h' .Yn h' 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 an permitted accessory P g y p 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. Hospital - 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. Loading Space - A space accessible from a street, alley, or way in a building or a lot for the use of motor vehicles while loading or unloading merchandise or materials. Lot - A lot is a parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for the purpose of sale or lease or separate use thereof. Lot Area - The area of a horizontal plane bounded by the front,.side.and rear lot lines. Lot, Comer - A lot.at the junction of and abutting on two or more intersecting streets. Lot, Depth - The mean horizontal distance between the front lot line the rear lot line of a lot measured within the lot boundaries. Lot, Interior - A lot other than a comer lot. Lot Line - A property boundary line of any lot held in a single or separate ownership. Lot Line, Front - That boundary of a lot which is along an existing or dedicated street. In the case of corner lots, the zoning official shall determine, but only for the purpose of this ordinance, which lot line or lines shall be considered front lot lines; such determination shall not be construed as stating in which direction buildings shall face. In general, the narrower of the lines abutting streets shall be the front line for the above stated purpose. City of Brooklyn Center 35 -86 City Ordinance 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 properly 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 Councilresolution. Special use permits granted pursuant to the provisions of a pror ordinance of Brooklyn 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.