HomeMy WebLinkAbout2001 04-12 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
APRIL 12, 2001
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - March 29, 2001
4. 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.
5. Anoka - Hennepin ISD #11 2001 -007
Request for Site and Building Plan and Special Use Permit approval for a Media Center
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addition to Evergreen Park Elementary School, 7020 Dupont Avenue North.
6. Erin T. Cunningham & Jeffery Sackmaster 2001 -008
Request for Special Use Permit approval to conduct a home occupation at 2406 Ericon
Drive.
7. Other Business
a. Review final building plans for Eagle Crest Northwest.
8. Adjournment
•
Application Filed on 3 -26 -01
City Council Action Should Be
Taken By 5 -25 -01 (60 Days)
Planning Commission Information Sheet
Application No. 2001 -007
Applicant: Anoka- Hennepin ISD No. 11
Location: 7020 Dupont Avenue North
Request: Site and Building Plan/Special Use Permit Approval
The applicant, Tom Durand on behalf of the Anoka- Hennepin Independent School District, is
seeking Site and Building Plan and Special Use Permit approval for an approximate 5,600 sq. ft.
media center addition to the north side of the Evergreen Park Elementary School, 7020 Dupont
Avenue North.
The property in question is zoned R -1 (One Family Residence) and is bounded on the north by
single family homes facing Dupont and 72 Avenues North; on the east by Evergreen Park; on
the south by the Evergreen Park soccer /football field, Water Tower No. 2 and Well House No. 4;
and on the west by Dupont Avenue with single family homes on the opposite side of the street.
Elementary and secondary schools are special uses in the R -1 zoning district.
The proposed media center addition would be constructed to the north of the circular portion of
the Evergreen Park School building and would be connected to that building by a
corridor /vestibule area. Currently the north wall of the school is set back 101 ft. from the north
property line. The new addition would be located 32 ft. from that north property line. City
ordinances require minimum 15 ft. building setback and buffer strips where such a use abuts
R -1 zoned land as it does in this case. The buffer strip must be landscaped and may not be used
for parking, driveways, off street loading or storage. This buffer strip has been established in the
past and will not be encroached on by the proposed addition.
ACCESS/PARKING
Access to the site will continue with two existing curb cuts off Dupont Avenue leading to the
site. An approximate 50 ft. green strip containing thick arborvitae and other landscaping are
provided in this area. The area is used as a bus pick up and drop off for the school and also
contains parking for 29 vehicles. A shared access for the school and the Evergreen Park
soccer /football field is located further to the south. This access leads to a parking lot located
mostly on the Evergreen School property containing 90 parking stalls on the school property and
an additional 18 parking stalls on City property. These stalls are shared parking for the school
and the park facilities. The school, therefore, has 137 parking spaces available for their use, with
119 of them being on school property. There is no specific parking formula in the City's zoning
ordinance relating to school'facilities. We have been advised by the school district that there are
76 regular employees at Evergreen Park Elementary. Parking on the site is certainly adequate to
accommodate every day parking needs. It should be noted that additional parking is available
• 4 -12 -01
Page 1
further to the east of the school property in Evergreen Park, which accommodates the softball
fields. Joint use of these facilities both by the school and the park users has been acknowledged
in the past.
GRADING/DRAINAGE/UTILITIES
The applicant has provided us with a site grading and drainage plan as well as a utility plan,
which has been reviewed by the City Engineer. The extent of the changes to the site with respect
to these items is minimal. A new seven foot wide concrete walk will be installed between the
parking lot in front of the building and the new corridor /vestibule area connecting the new
addition with the existing building. This will also serve as an entrance to the school.
A new six inch sanitary sewer line will be installed adjacent to the walkway and will connect to
an existing eight -inch sanitary sewer located in the 50 ft. green strip, southerly of the circular
portion of the building. The site is less than 15 acres and, therefore, no Watershed Management
Commission review is required for this proposed addition. The site is bound by existing B -612
curb and gutter and both the west and south parking lots are served by storm sewer. With the
exception of some potholes in the southerly parking lot, paving on the site is appropriate. We
would recommend that there be some filling and patching of the south parking lot as part of this
project.
LANDSCAPING
The applicant has not submitted a separate landscape plan with this submission. They are not
proposing any additional landscaping and believe the site is adequately landscaped. They have
provided a landscape analysis of existing landscaping. This 8.24 acre site is required to provide
700 landscape points based on the landscape point system utilized by the Planning Commission
for evaluating landscape plans.
Their landscape analysis indicates that there are 2,300 landscape points based on existing
landscaping at the Evergreen Elementary School site. The distribution is not in accordance with
the point system distribution for evaluating plans, but the site far exceeds that which would be
required if the school was being developed at this time. Although there might be considered a
deficiency of decorative trees and shrubs, the site is well landscaped and we would not
recommend requiring any additional landscaping for this project. It should be noted that three
trees, a Maple, a Basswood and another deciduous tree, will be removed along the north side of
the existing school building so that the addition can take place.
BUILDING
As previously mentioned, the building addition will be to the north of the existing circular
portion of the elementary school building. The exterior will be of two contrasting types of face
brick to match, as best as possible, the brick on the existing building. The floor plan shows a
large media center, a computer lab, work room and restroom facilities. The vestibule /corridor
4 -12 -01 •
Page 2
will connect the two buildings and also serve as an entrance /exit both to the east and west sides
• of the building.
LIGHTING/TRASH
The applicant has provided lighting calculations and cuts for the additional lighting that will be
placed on the building. Two lights will be located along the north wall with one each on the west
and east walls. They note that the wall mounted fixtures will be shielded to direct light
downward and to avoid glare. The lighting plan shows less than. I foot candles at the property
line and also notes that there will be no glare from the lights.
The City's lighting standards contained in the zoning ordinance, require that all exterior lighting
shall be provided with lenses, reflectors, or shades so as to concentrate illumination on the
property. Rays of light shall not pass beyond the property lines of the premises utilizing such
illumination at an intensity greater than three foot candles measured at property lines abutting
residentially zoned properties. The lighting proposed is much less than the standard established
in the zoning ordinance. No glare is allowed to emanate from, or be visible beyond, the
boundaries of the illuminated premises. The type of fixture provided should prevent light glare
on adjacent properties.
The plans submitted do not show trash enclosure areas. A review of the site indicates that at
least two unscreened dumpsters are located at the southwest corner of the building adjacent to the
southerly parking lot. It is recommended that as a condition of the approval of this application,
• that the school district be required to provide screening of this dumpster area in accordance with
the requirements of city ordinances.
SPECIAL USE PERMIT STANDARDS
A public hearing is scheduled for this Special Use Permit and notices to surrounding property
owners have been sent in accordance with the requirements of the City's zoning ordinance.
Attached for the Commission's review is a copy of Section 35 -220 containing the five standards
for Special Use Permits. As indicated previously, the school is a special use in the R -1 zoning
district. The existing school has been on this site for some time and we believe the expansion of
the school will not be detrimental to or endanger the public health, safety, morals, or comfort.
Furthermore, we do not believe that the expanded use will be injurious to other property in the
immediate vicinity nor will it diminish or impair property values within the neighborhood. We
also believe that adequate measures have been taken to provide proper ingress and egress as well
as parking as required as part of the Special Use Permit process. We believe the school addition
in other respects will conform to the applicable regulations of the district of which it is located.
Schools such as this located in R -1 zoning districts, typically are required to meet the
service /office standards for C -1 uses. These have been applied in this case and will be met. Two
items that we believe need correcting are the screening of dumpsters and the patching and
repairing of the south parking lot. With these items addressed, we believe a favorable
recommendation can be made with respect to this application.
• 4 -12 -01
Page 1
RECOMEMNDATION
We believe the plans and the Special Use Permit are in order and approval of this a
recommended subject to at least the following conditions: pp application is
1. The building plans are subject to review and approval by the Building Official
with respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
3. Any outside trash disposal facilities and rooftop or on ground mechanical
equipment shall be appropriately screened from view.
4. The building addition is to be equipped with an automatic fire extinguishing
system to meet NFPA standards and shall be connected to a central monitoring
device in accordance with Chapter 5 of the City Ordinances.
5. The plan shall be modified, prior to the issuance of building permits, to provide
proper opaque screening of the trash container area including opaque screening on
any gate servicing this area. The use of plastic slates woven between chain link is
not acceptable as a means of meeting this opaque screening requirement.
6. The applicant shall provide appropriate erosion an sediment control devices on the ,
site during construction as approved by the City Engineering Department.
7. All work performed and materials used for construction of utilities shall conform
to the City of Brooklyn Center's current standard specifications and details.
4 -12 -01
Page 2
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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 prkor 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.
• Application Filed on 3 -28 -01
City Council Action Should Be
Taken By 5 -27 -01 (60 Days)
Planning Commission Information Sheet
Application No. 2001 -008
Applicant: Erin T. Cunningham/Jeffrey R. Sackmaster
Location: 2406 Ericon Drive
Request: Special Use Permit (Home Occupation)
The applicants, Erin T. Cunningham and Jeffrey R. Sackmaster, are requesting a Special Use
Permit to conduct a home occupation involving the operation of a machine lathe in the garage of
the home at 2406 Ericon Drive. The property in question is zoned R -1 (One Family Residence)
and is located on a corner lot on the north side of Ericon Drive between Brookview Drive and
Lilac Drive North. It is bounded on the north and east by single family homes; on the south and
west by Ericon Drive with single family homes and Lions Park on the opposite side of the street.
The proposed home occupation falls under the classification of a special home occupation
because it involves the use of an accessory structure on the property; because the home
occupation involves the use of equipment not customarily found in a residential dwelling; and
because the home occupation may also involve the employment of a person who is not a member
of the family occupying the dwelling.
The applicants have submitted a letter (attached) and a video tape (which will be made available
for viewing at the Planning Commission meeting) in which they describe the proposed home
occupation and their reason for seeking this proposal. They note that their business, Complete
Tool and Design, consists of a machine lathe that is capable of turning metal and plastic bars into
parts. They are currently operating their business in the City of Ramsey, but will need to relocate
this business by October because the City of Ramsey is acquiring the property. They note that
the machine lathe is electric and produces no emissions and is about as loud as a washing
machine. They further explain that there are no hazardous wastes and no customer traffic
associated with their proposed business. They plan to house the machine and operate it in the
garage at the Cunningham residence. Their business hours currently are between 7:00 a.m. and
9:00 p.m. Monday through Friday and 10:00 a.m. to 2:00 p.m. on Saturday. They do not operate
the machine continuously through this time but would like to have these hours considered as
appropriate for the business in the proposed location.
Both applicants indicate that they have lived most of their life in the particular neighborhood and
would like to continue to do so. Mr. Sackmaster notes that he resides at 2407 Ericon Drive,
directly across from the street from the Cunningham residence. They believe they can operate
the business within any guidelines the City may establish for operation and that the location of
the machine lathe and its operation will not have an adverse impact on surrounding properties.
i 4 -12 -01
Page 1
In conversations that I have had with the applicants, they have indicated that material for the
parts operation will be picked up by them and brought to the home. Little, if any, material will
be stored for a long period of time and any product produced will be delivered by the applicants
to the place that orders the parts. No extraordinary sized vehicles will be involved with this
home occupation.
Special home occupations are defined as 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 and the accessory structure and the lot upon which it is being conducted. Special
home occupations are subject to further limitations contained in Section 35 -406 of the zoning
ordinance (copy attached). Among other things, special home occupations may involve the use
of equipment not customarily found in a residential dwelling, may employ no more than one no-
resident employee, may use no more than one accessory structure or installation on the premises,
should not create traffic congestion on the lot or the streets adjacent thereto, may not require the
parking of vehicles related to the home occupation on the street, nor produce light, glare, noise,
odor or vibrations perceptible beyond the boundaries of the lot and not include the retail sale of
merchandise produced off the lot.
The main concern with this special home occupation is obviously the potential for creating noise
or vibration perceptible beyond the boundaries of the lot, which may be a nuisance to
surrounding property owners. The applicants have indicated that the machine does not cause
vibrations and is about as loud as a washing machine.
The Commission should review the various aspects of this business in light of the standards for
special use permit contained in Section 35 -220, Subdivision 2 and make appropriate
recommendations if necessary. One of the areas which we would recommend the Planning
Commission consider if they are to recommend approval of the application is to reduce the hours
of operation for this home occupation. The hour of 7:00 a.m. appears to be too early to start this
operation and 9:00 p.m. may be a little late. We would recommend hours of operation to be
between 8:00 a.m. and 8:00 p.m. Monday through Friday and 10:00 a.m. to 2:00 p.m. on
Saturday with no operation being conducted on Sundays.
A public hearing has beemscheduled and notices have been sent to neighboring property owners.
R ECOMMRN D A TTON
If the Planning Commission determines the special home occupation to be appropriate, it should
recommend approval of the application subject to at least the following conditions:
1. The special use permit is granted for a home occupation involving the operation
of a machine lathe in the garage of the home at 2406 Ericon Drive with the
possible employment of no more than one non - resident employee. This home
4 -12 -01
Page 2
• 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 all 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 the hours of 8:00 a.m. and 8:00 p.m.
Monday through Friday and 10:00 a.m. and 2:00 p.m. on Saturday. The home
occupation shall not be operated on Sunday.
5. The applicants shall comply with recommendations of the Building Official with
respect to safety related matters regarding the location and operation of the
machine lathe in the accessory structure.
6. The applicants shall provide an appropriate fire extinguisher in the area of the
home occupation per the recommendation of the Building Official.
•
4 -12 -01
Page 3
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Complete Tool and Design
Erin T. Cunningham / Jeffrey R. Sackmaster
March 1, 2001
City of Brooklyn Center Planning Commission
RE: Home Occupation
Dear Brooklyn Center Planning Commission: _ ... .
This letter is a request for a special use permit to operate our business out of the attached double
garage of Erin T. Cunningham who resides at 2406 Ericon Drive in the city of Brooklyn Center.
We are currently operating our business in the city of Ramsey. The city of Ramsey has given us
until October to relocate because they have another use for the property. We feel that our business
would be within the guidelines to operate from the home of Erin T. Cunningham.
Our business consists of a machine lathe that is capable of turning metal and plastic bars into
parts. The machine is electric and produces no emissions and is about as loud as a washing
machine. There are no hazardous wastes and no customer traffic. Our hours of business are
currently 7:00 a.m. - 9:00 p.m. Monday through Friday and 10:00 a.m. — 2:00 p.m. Saturday.
These are not continuous hours of work but the hours we operate inside of. If necessary we can
adjust the hours of operation to fit guidelines or restrictions.
Erin T. Cunningham has lived most of his life with his family in the house he now resides in, at
2406 Ericon Drive he is currently remodeling the interior and has made many improvements to
the property since acquiring it from his family.
Jeffrey R. Sackmaster: I have lived in the same house most of my life and purchased it from my
parents. It is located at 2407 Ericon Drive directly across the street from Erin T. Cunningham. I
have also done a lot of remodeling and added a deck.
We have put a lot of work into our properties and we would like to raise our families in the homes
we grew up in. We each have a child that we would like to see enjoy the area that we live in and
attend the same schools that we attended. To make this possible we need to have our business
located nearer to us. We have looked at properties for our business and the only ones affordable
to us are too far from our homes to make it possible to commute. We sincerely hope to stay in
Brooklyn Center where we have close ties with our neighbors and our community. We ask that
you consider us for the required permits necessary to operate our business from home.
Attached is a Picture and statistics on our machine and a video of the property we would like to
use as well as a video of our machine running.
Thank you,
Jeffrey R. Sackmaster
2407 Ericon Drive
Brooklyn Center MN. 55430
•
Cell 612-309-8870
Home 763 -560 -8227
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. t
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 finther 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.
Home Occu an tion. 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.
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.
L ot e - The area of a horizontal plane bounded by the front, side and rear lot lines.
Lot. Corner - A lot at the junction of and abutting on two or more intersecting streets.
Lo t. D - The mean horizontal distance between the front lot line and the rear lot line of
a lot measured within the lot boundaries.
Lot. Interior - A lot other than a corner lot.
Lot Li ng - 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 -83 City Ordinance
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.
G reen Strip - An area containing only vegetation such as grass, trees, flowers, hedges, and
other related landscaping materials, an d maintained expressly for such purpose. •
Q oup 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 of Brooklyn Center 35 -82 City Ordinance ,
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; 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.
2. No home occupation shall involve the use of any accessory structures or installations.
`: City of Brooklyn Center 35 -53 City Ordinance
f v 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 RI 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.
City Ordinance
City of Brooklyn Center 35 -54 S
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
tr z 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 Rl 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 -55 City Ordinance