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HomeMy WebLinkAbout1998 10-29 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR MEETING OCTOBER 29, 1998 CALL TO ORDER The Planning Commission met in a study session called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rex Newman, Sean Rahn, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Planning Commission Recording Secretary Arlene Bergfalk. Councilmember Kathleen Carmody attended a portion of the meeting. Commissioners Stephen Erdmann and Ed Nelson were excused. APPROVAL OF MINUTES - SEPTEMBER 24, 1998 There was a motion by Commissioner Reem, seconded by Commissioner Rahn, to approve the minutes of the September 24, 1998 meeting as submitted. The motion passed unanimously with Commissioners Boeck and Newman abstaining. The minutes of the October 15, 1998 meeting were noted with the correction that Commissioner Stephen Erdmann's absence was excused. A quorum to conduct business was not present at that meeting, therefore, the minutes were considered as informational only. CHAIR'S EXPLANATION Chair Willson 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. JOHN CRAIG - APPLICATION NO 98020 (SPECIAL USE PERMIT FOR HOME OCCUPATION INVOLVING USE OF ACCESSORY BUILDING Chair Willson introduced Application No. 98020, a request for special use permit approval, submitted by John Craig, to conduct a home occupation to supply vending machines from his residence at 6921 Logan Avenue North. This application was filed on 08 -31 -98 requiring City Council action by 10- 30 -98; however, the applicant waived the 60 day statutory limitation. Mr. Warren presented the staff report and described the location of the Craig residence in the R -1 zone. The applicant uses the garage (accessory structure) to store soft drink inventory, this operation is classified as a "special home occupation" and according to zoning ordinances requires a special 10 -29 -98 1 use permit. The home occupation is a family operation and has a current license /certification from the Minnesota Department of Agriculture. (See attached Planning Commission Application Information Sheet dated 10 -15 and 10- 29 -98.) Mr. Warren defined home occupations and described the limitations of special home occupations under Sections 35 -405 and 35 -406 and Section 19 -103 related to parking and storage of vehicles. Based on the information provided by the applicant regarding the vending machine supply operations and staff review of the application, Mr. Warren recommended approval of the special use permit subject to 5 conditions outlined in the staff report. A public hearing on the application, properly noticed, is scheduled at this meeting. Chair Willson called for questions from the Commissioners. Commissioner Boeck requested clarification regarding the definition of "accessory structure" as it relates to garages. Mr. Warren explained that any garage, including a tuck -under garage, is considered an accessory structure in this circumstance. Noting this home occupation (business) apparently has been operating for some time, Commissioner Reem inquired whether a status change prompted Planning Commission review and consideration at this time. Mr. Warren explained that during an inspection on another matter by the Code Enforcement Officer at the residence, the inventory of soda in the applicant's garage was questioned. A subsequent investigation culminated in the application for a special use permit to continue the business, which heretofore operated without the required special use permit. Reem also inquired whether City approval coincides with State licensing. Mr. Warren stated that only the State license /certification is issued/renewed annually. PUBLIC HEARING - APPLICATION NO. 98020 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to open the public hearing at 7:45 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. John Craig, the applicant, stated he was available to answer questions. Chair Willson requested that Mr. Craig make certain he possess copies of the applicable City ordinances regarding this special home occupation to ensure knowledge of the regulations /limitations under which his business must operate. Mr. Warren indicated those documents will be provided to Mr. Craig. Commissioner Boeck requested clarification regarding the use of trucks to transport the products to the residence for storage and subsequent distribution. Commissioner Reem inquired about the frequency of deliveries, size of equipment, and overnight parking of trucks. Mr. Craig explained that he and his two sons operate the business, own a truck, make their own purchases of product, and deliver product to the residence. There are no large commercial Pepsi or 10 -29 -98 2 Coke vehicles making pallet deliveries into the area. In addition, two delivery vans are used to distribute product to various vending machine operations on a daily basis. These vehicles are parked overnight at the residence. During discussion, it was discovered the truck is 24' long and, therefore, exceeds the size limitations under Section 19 -103 for overnight parking in the R -1 zone. Mr. Craig was instructed to cease parking of the vehicle at the residence. Mr. Craig stated the truck will be parked over night at another location. During discussion, it was also discovered that one of Mr. Craig's sons has moved from the residence, therefore, he is considered a non - resident employee, the maximum allowed for home occupations under Section 35 -406. Chair Willson called for other comments from the public. Ms. Kathleen Carmody, 7024 Knox Avenue North, stated the large truck creates a safety concern especially for neighborhood children. She requested that prohibition of overnight parking of that vehicle be strictly enforced. No other individuals from the public appeared before the Commission during the public hearing on Application No. 98020. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to close the public hearing on Application No. 98020 at 7:55 p.m. The motion passed unanimously. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO 98020 - JOHN CRAIG There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to recommend to the Council that it approve Application No. 98020, for a special use permit to conduct a special home occupation requested by John Craig, 6921 Logan Avenue North, subject to the following conditions: 1. The special use permit is granted only for a vending machine supply business involving the storage of soft drinks in the accessory building with a non - resident employee as allowed by Section 35 -406. This use may not be altered or expanded in any way not comprehended by this application without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. All parking associate with the 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. 10 -29 -98 3 4. The hours of operation shall be between the hours of 8 a.m. and 5 p.m., Monday through Friday. Customer service shall not be provided on the property. 5. A current copy of the applicant's license /certification from the Minnesota Department of Agriculture shall be kept on file with the city. Voting in favor: Chair Willson, Commissioners Boeck, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the recommendation at its Monday, November 9, 1998 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 98022 - KATHLEEN GODAR- SPECIAL USE PERMIT TO CONDUCT HOME OCCUPATION INVOLVING CUSTOMER TRAFFIC Chair Willson introduced Application No. 98022, a request for a special use permit to conduct a home occupation involving customer traffic, submitted by Kathleen Godar, 7004 Oliver Avenue North. This application was filed on 10 -13 -98 and Council action is required by 12 -12 -98 (60 days). Mr. Warren presented the staff report and described the location of the Godar residence at 7004 Oliver Avenue North in the R -1 zone. This home occupation involves customer traffic at the residence therefore requires a special use permit as outlined under Sections 35 -900 and 35 -406 of the zoning ordinances. (See attached Planning Commission Information Sheet dated 10- 29 -98.) The applicant, an independent sales representative for Colesce Couture, wishes to offer a custom fitting service for support brassieres on a private basis in her home. Ms. Godar's application letter describes a low key operation, involving one person at a time on an appointment basis, conducted during normal business hours in her home. This fitting service in her home expands the current allowable home occupation of selected apparel through party sales. Mr. Warren pointed out that the existing home occupation of the applicant involving party sales of selected apparel is not affected or part of this application since it is a permitted home occupation. The proposal which comprehends customer traffic at the residence requires the special use permit. Mr. Warren pointed out, however, that over the counter sales of merchandise is not allowed. Product sales must be through party sale of products and must continue through off - premises /party plans. Based on staff review, Mr. Warren recommended approval of the special use permit subject to certain conditions outlined in the staff report. A public hearing properly noticed is scheduled at this meeting. Chair Willson called for questions from the Commissioners. Commissioner Newman inquired whether the sign proposed by the applicant is acceptable and Mr. Warren replied that it is appropriate under the sign regulations and will require a sign permit before it can be erected. 10 -29 -98 4 Commissioners Rahn and Boeck questioned whether traffic flow and parking in the area would be affected. It was noted that parking is not permitted on 70th Avenue North and appropriate signage is posted. Ms. Godar's application indicates there is sufficient customer parking on the property, therefore there would be no need for street parking. At Commissioner Boeck's request, Mr. Warren defined "over the counter sales" as being the sale of merchandise produced off - premises. This type of selling is interpreted differently than one -time garage sales, craft sales, etc. which are allowed. Mr. Warren indicated he would investigate a "consignment sale" sign/operation that apparently exists in Commissioner Boeck's neighborhood. PUBLIC HEARING - APPLICATION NO. 98 -022 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to open the public hearing on Application No. 98022 at 8:18 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Chair Willson reported he received a telephone call from a resident who lives on 70th Avenue North who stated her support and is comfortable with the application. Ms. Kathleen Godar, the applicant, stated she would answer questions. Commissioner Newman inquired about the proposed signage and plans for other advertising such as newspapers. Ms. Godar stated the sign will state "by appointment only" and include her telephone number. She indicated the company allows advertising including in newspapers. She also stressed that she does not carry any inventory in her home, therefore, no over the counter sales are made. The party sales business is conducted away from her home where orders are taken, paid for, and subsequently delivered at some time in the future when the fulfilled orders are received by her. Commissioner Reem inquired about how many customers might be anticipated during a week. Ms. Godar stated that over the past two months, she has had approximately 10 customers. No other individuals from the public appeared before the Planning Commission during the public hearing on Application No. 98022. CLOSE PUBLIC HEARING - APPLICATION NO. 98022 There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to close the public hearing at 8:22 p.m. The motion passed unanimously. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO 98022 - KATHLEEN GO DAR There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to recommend to the Council that it approve application No. 98022, a request submitted by Kathleen Godar, for a home occupation special use permit involving customer traffic at 7004 Oliver Avenue North, subject to the following conditions: 1. The special use permit is granted only for the customized fitting of intimate apparel at 7004 Oliver Avenue North in conjunction with off - premise sales of this 10 -29 -98 5 merchandise. This use may not be altered or expanded in any way not comprehended by this application without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof may be grounds for revocation. 3. All parking associated with the 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. 4. The hours of operation for the customized fittings shall be between the hours of 9 a.m. and 8:30 p.m., Monday through Thursday; 9 a.m. to 5 p.m., Friday; and 9 a.m. to 3 p.m., Saturday. 5. There is no over the counter sales of merchandise comprehended through the granting of this special use permit. Sales shall be conducted off - premises. Voting in favor: Chair Willson, Commissioners Boeck, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the recommendation at its Monday, November 9, 1998 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for reconsideration. FUTURE MEETING DATES The next meeting of the Planning Commission is scheduled for Thursday, November 12, 1998. Mr. Warren reviewed agenda items for that meeting. Mr. Warren alerted the Commissioners that based on pending applications, another meeting of the Commission may be scheduled (possibly December 10) to take timely action on those matters. A joint meeting with the Council is scheduled for Thursday, December 17, 1998. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:35 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial 10 -29 -98 6