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HomeMy WebLinkAbout1998 10-29 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER OCTOBER 29, 1998 STUDY SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - September 24, 1998 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. John Craig 98020 Request for Special Use Permit approval for a vending machine supply home occupation involving the use of an accessory building at 6921 Logan Avenue North. 6. Kathleen Godar 98022 Request for Special Use Permit approval to conduct a home occupation that will involve customer traffic at 7004 Oliver Avenue North. 7. Other Business 8. Discussion Items 9. Adjournment r + AIV • Application Filed on 8-31-98 City Council Action Should Be Taken By 10-30-98 (Applicant Has Waived the 60 Day Limitation) Planning Commission Information Sheet Application No. 98020 Applicant: John Craig Location: 6921 Logan Avenue North Request: Special Use Permit(Home Occupation) The applicant,Mr. John Craig,requests special use permit approval to conduct a family operated vending machine business involving the storage of some inventory in the garage. The property in question is zoned R-1 and is the fourth house north of 69th Avenue on the west side of Logan Avenue (6921 Logan). It is bounded on the north,west and south sides by single-family homes and on the east by Logan Avenue with single family homes also located on the opposite side of Logan Avenue. Home occupations that involve the use of an accessory structure on the property are classified as"special home occupations"requiring the granting of a special use permit by the City Council, following review and public hearing by the Planning Commission. The use of the home as a business office or place of business for a vending machine company without the use of • an accessory building for storage would be considered a"permitted home occupation"not requiring any formal approval by the City Council The applicant-has submitted a brief letter(copy attached) in which he describes the home occupation which has apparently been in operation for some time. He notes that they store all snack items inside the home but do store soft drinks in their garage. He explains that their premises has been inspected by representatives of the Department Agriculture from the State of Minnesota and has provided us with a copy of his current license/certification from the Department of Agriculture which expires on March 31, 1999. Mr. Craig notes that they bring all the product that is to be stored in the garage to the site in their own vans. He notes that there are no outside deliveries and no one comes to the site on business. It should be noted that Mr. Craig has explained to me that the only employees within the business are those residing on the premises. 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 unit,the accessory structure and the lot upon which it is being conducted. The ordinance goes on to cite such things as barber and beauty services, shoe repair,photography studios, group lessons, saw sharpening or motor driven appliances and small engine repair and S 10-29-98 10-15-98 Page 1 Y similar activities as being the types of home occupations considered to be"special home • occupations". Special home occupations are subject to the further limitations contained in Section 35-406 of the zoning ordinance(copy attached). Among other things, special home occupations should not involve the use of equipment not customarily found in a residential i dwelling, should not-employ more than one non-resident employee,create traffic.congestion on the lot or the streets adjacent thereto,require the parking of vehicles related to the home occupation on street,nor produce light,glare,noise,odor or vibrations perceptible beyond the boundaries of the lot nor include the retail sale of merchandise produced off of the lot. As indicated,the applicant's proposed home occupation for which the special use permit must be ' granted involves the storage of soft drinks in an accessory building. This is the nature of the requested approval. It appears that the hours of operation and the activity level involved with this vending business are relatively low. 'It should be noted that the business should not require the need to park vehicles related to the proposed home occupation on a consistent basis or in conflict with the parking requirements contained in Section 19-103, Subdivision 12 of the city ordinances relating to the parking and storage of vehicles within the city(copy attached). This does not mean that vehicles that exceed the size limits contained in this section of the ordinance may never be on the property,but only that they be confined to pick ups and deliveries. Continual parking beyond two hours would be a violation of the city's ordinances and are not condoned by any granting of a special use permit for the operation. All in all,we see the proposal as being a very low level home occupation based on the information provided by the applicant and it is considered to be incidental and secondary to the residential use of the property. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to neighboring property owners. It appears that this home occupation can be kept to a relatively low level and should not cause problems in the neighborhood if it is conducted in an appropriate manner. Therefore, approval of this special use permit could be made subject to at least 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. 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. 10-29-98 10-15-98 Page 2 I I 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 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. s • 10-29-98 10-15-98 Page 3 - r ■ mill ■. .� __ ■ ■1■1i�11 ■■ �,■ :���■■ 1111//1�11��1� ■■ __ __ I, � ■■ =M CM �■ �_ _� ■� ■!� ■'■ ■1//111!/■� •■ __ ■■a■!■■!■■ __ __ �•• _ �� _ - __ __ ■ate _Ei �_ _ -�` _ __ �_ 11!1!1■!■■ � � �� i� � ' I� t�♦♦♦♦� ii _ _ __ _ ■ ■ ■ _ _ ■ WIN MINI SIR _ ■�_ __ _� _ � � i.'Si7 � X17 ■■ -;�♦�♦���/�♦,�►�� �� •• �_ _'. 'i■111/1111 > > • r ° ■ ■1® _ _ ■■ IF,IMA IOWA 1kWA AS �eeeeeeeeeeee�� ► .. ,�, _ �.� cum ■ _ VISION } j D.C. VENDIlVG. 6921 LOCAN AVE N. • BROOKLYN CENTER NflNNESOTA 55430 • (612)566-1611 fr v 8/31/98 Ron Warren Planning Commission, D.C.Vending is a family owned vending company which we operate out of the home i We store all snack items inside the building but store all of our soda items in tbe :garage. : Wa have been inspected by a representative f of the Department of Agriculture of the State of Minnesota. ; L We bring all of the product to be stored to this site in our own vans . There are no outside deliveries, and no one comes to this site on business. z :y Thanks f r your consideration, Lwrt'Y ohn Craig / D.C.V ending i D.C.VnwnvG 6911 LOGAN AM X• BROOKLYN CENTER MINNESOTA 55430 (6121566-1611 1 T0; Brooklyn Center Planning Ron Warren This note serves to .waive the 60 day response clause as written in the city regulations. ohn Craig DC Vending a _ i Section 35-405. ADDITIONAL REQUH EN ENTS 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. 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. 35-55 6. No special home occupation shall cause traffic congestion on the lot containing the special home occupation or on the streets adjacent thereto. 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 RI 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. 35-56 4. Accumulations of rubbish as defined herein. 5. The dumping of any effluent,garbage,rubbish,wastewater,or other noxious substance upon public or private property. 6. Any open well, pit, excavation, structure, barrier or other obstruction which endangers public health,safety or welfare. 7. The pollution of any public or private well or cistern,any public stream,lake,canal,or body of water by effluent,garbage,rubbish or other noxious substance. 8. Any noxious weeds, or any other vegetation which endangers public health, safety or welfare,or which is contraband within the meaning of state or federal Iaws. 9. The emitting or production of dense smoke, foul odor,noise,noxious fumes, gases,soot, cinders or sparks in quantities which unreasonably annoy,injure, or endanger the safety, health,morals,comfort,or repose of any number of members of the public. 10. The public exposure of persons having a contagious disease or condition which endangers public health, safety or welfare. 11. Accumulation of junk, disused furniture, appliances, machinery, automobiles and parts thereof or any matter which may become a harborage for rats, snakes or vermin, which creates a visual blight,or which may be conducive to fire,or which endangers the comfort, repose,health, safety or welfare of the public. 12. The parking and/or storage of construction equipment, farm vehicles and equipment,or a commercial vehicle with a length greater than 21 feet, or a height greater than 8 feet, or a gross vehicle weight greater than 9,004 pounds,continuously for more than two hours on any property within a residential zoning district or being lawfully used for residential purposes or on any public street adjacent to such properties. Such equipment and vehicles shall include,but are not limited to,the following: dump trucks,construction trailers,back hoes,front-end loaders,bobcats,well drilling equipment,farm trucks, combines,thrashers, tractors,tow trucks,truck-tractors, step vans,cube vans and the like. The prohibitions of this subdivision shall not apply to the following: a) Any equipment or vehicle described above being used by a public utility,governmental agency,construction company,moving company or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. 19-2 b) Any equipment or vehicle described above which is actually making a is or g pickup delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful. c) Any equipment or vehicle exceeding the above described length, height or weight limitations,but which is classified as recreation equipment as specified in Minnesota Statutes 168.011,Subdivision 25. d) Any equipment or vehicle described above which is parked or stored on property zoned residential and being lawfully used as a church, school,cemetery,golf course,park, playground or publicly owned structure provided the equipment or vehicle is used by said use in the conduct of its normal affairs. e) Any equipment or vehicle described above which is parked or stored on property which is zoned residential and the principal use is nonconforming within the meaning of Section 35-111 of the City Ordinances, provided such parking or storage is not increased or expanded after the effective date of this ordinance. 11 The outside parking and/or storage on vacant property of usable or unusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles,.all-terrain vehicles, construction ! vehicles and equipment,or similar vehicles,materials,supplies,equipment,ice fish houses, skateboard ramps,play houses or other nonpermanent structures except as may be permitted by the Zoning or Sign Ordinances. 14. The outside parking and/or storage on occupied residentially used property of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles,materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles,trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area,or a yard area abutting a public street,they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19-1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50%of the front yard or a yard area abutting a public street unless approved by the city council as part of a plan approval for an apartment complex pursuant to Section 35-230 of the City Ordinances. 19-3 Application Filed on 10-13-98 City Council Action Should Be Taken By 12-12-98 (60 Days) Planning Commission Information Sheet Application No. 98022 Applicant: Kathleen Godar Location: 7004 Oliver Avenue North Request: Special Use Permit(Home Occupation) The applicant,Kathleen Godar,requests Special Use Permit approval to conduct a home occupation that will involve customer traffic at her home,7004 Oliver Avenue North. The property in question is zoned R-1 and is the second house north of 70th Avenue North on the east side of Oliver Avenue North. It is bounded on the north, east and south by single family homes and on the west by Oliver Avenue North with single family homes and a portion of East Palmer Lake Park 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 and public hearing by the Planning Commission. The applicant has submitted a letter(copy attached)describing the home occupation and explaining how it would operate. Ms. Godar is an independent sales representative for Colesce Couture,which sells loungewear, daywear and intimate apparel. She characterizes the line of clothing as being compared to Victoria's Secret rather than Frederick's of Hollywood. She shows gowns and other items on the party plan, which involves going out to people's homes in a social setting to offer the company's line of clothing. The applicant also specializes in offering custom fit support bras, which require specialized fitting services,which she believes should not be done in a party atmosphere and is better conducted in privacy. She wishes to offer this customized fitting service in her home. It should be noted that we consider the line of business being conducted by the applicant to be a permitted home occupation,not requiring a special use permit, if it is done through the party sales and no customer traffic or over the counter sales of merchandise are being conducted in the home. Tupperware, cosmetic products and other types of merchandise are offered in this way. It is the fact that she proposes to have persons come to her home that she is required to obtain a special use permit,the same as we require such a permit for a beauty/barber service. In many respects this home occupation is like a dressmaking service as listed under the permitted home occupations category. However, even dressmaking services that include customer traffic in the home would be considered a special use. Ms. Godar, in her letter, explains how the business would be operated on an appointment only basis during specific hours during the week. She notes that she has a three bedroom home where she resides by herself and that one of the bedrooms is set up to do the fittings. She requests 10-29-98 Page 1 hours of operations to be between 9:00 am. and 8: 30 p.m.Monday through Thursday, 9:00 to 5:00 p.m. on Friday and 9:00 a.m. until 3:00 p.m. on Saturdays. She notes that she has a two car garage and a driveway that holds six cars. The appointments would,however,be on a one at a time basis. She adds that she has a security system in her home, including a smoke detector which is located outside the bedroom. It is monitored and hooked up to the fire department. She points out that this is a low key operation with one person coming sporadically,by appointment, to her home. The staff agrees that this home occupation can be considered a low key operation and should, if operated properly,not cause problems within the neighborhood. Concern is expressed with respect to the fact that there should be no over the counter sale of merchandise as this is a specific prohibition in the regulations relating to home occupations. The applicant's requested home occupation appears to be a reasonable request. Attached for the Commission's review is a copy of the definitions for Home Occupation and Home Occupation, Special contained in Section 35-900 of the City's Zoning Ordinance and also a copy of Section 35-406 regarding requirements for Special Home Occupations. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to neighboring property owners. All in all,we see the proposed home occupation as being very low key, if operated in the manner described by the applicant. Again,no over the counter sales of merchandise should be offered as part of this home occupation. The selling of products should be done in the manner described through party situations and off-premise contacts. Approval of this special use permit is recommended subject to at least 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 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 9:00 a.m. and 8:30 p.m. Monday through Thursday, 9 :00 a.m. to 5:00 p.m. on Friday and 10-29-98 Page 2 9:00 a.m. to 3:00 p.m. on 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. 10-29-98 Page 3 z z z z z = YI'> X{" �� �N �� r � �N �N yN pN iN N J� iG �� r,� .� (�� �► CITY . BROOKL M PARK It•.,�. rT �;!!T*�r +ors;-., - - - - --- - - -- - - -- - ;�''J: :%J.'J�!:'•:'% ''�'%'�i i�!'i/f'i i,,�'�'�/i /'''i;J%J/�!!// 10006IIHE AVE. N. :C': 'J:%::;,%,%'% :;5;;r;f,:•iJ l/!,'.JJ /;J'/,,, 'i'%i i J,/,i •',�/JJJ,� ./JJJ%�%J/. /JJJ��J/. i J%J ' *0 AVE % 71N0 t TZNO t AVE. N c'G OMMISSION PLANNIN AMY u►. APP. NO 98022 - :% 'Jj•:JJJJ� f',, /., � ��, fist AYE. N. '% ,%%%%/� r J,y „ `y%,;', ;;'/,.•J;', J:'ir/,,;i'"�ifi c 71sT A. ��•�J','JJ�' Jim�;J J�%JJJ/JJJI,��JJ! J�Jf�•,,J„J ' ` V N� !,I ' 70TH AVE. OTH AVE _ _ CITY Q -1 GARAGE r t ' o t 671}1. 67TH. AVE. N. ! F AY CIA. N �� H t .� J 02 FR AY BLVD. A � N' 2r - 65TH. AVE e,A. N. J CZ c ♦• " ; —' JNES CIL N t ? • TO: BROOKLYN CENTER PLANNING COMMISSION RE: SPECIAL HOME OCCUPATION FROM: KATHY GODAR 7004 Oliver Avenue North Phone: 612-566-6301 Brooklyn Center,MN 55430 Fax: 612-566-3666 I am an independent sales representative for Colesce Couture, which sells Loungewear, Daywear, and Intimate Apparel. It is a very"classy" line with very well made gowns. It could be compared to Victoria Secret(NOT Fredericks of Hollywood!) The company's home office is in Dallas, Texas, and has been in existence for twenty-eight years. I show my gowns on the party plan, that is, I go into peoples'homes and do "parties" (much like Tupperwear parties.) However,the company offers a line of custom-fit support bras,which very few sales representatives get involved with selling (due to the initial investment of buying the bras.) I have purchased a Bra Kit and am very interested in doing this part of the business. There is a tremendous need for women to be properly fit in a bra. The majority of women are wearing the wrong size bra because this service is rarely offered in department stories. The following are reasons I would like to offer this service in my home: -There are 250 sizes in each custom fit-bra -I am 50 years old, with a bad back, seeing a chiropractor constantly, and cannot physically carry my gowns plus bras to someone's home. -I definitely do not feel bra fitting should be done in a"party"atmosphere. I believe it is a very intimate process and should be offered in privacy. What I do is to go into someone's home, show my gowns at the parry,then show a custom-fit bra and tell anyone if they are interested in a bra fitting to make an appointment with me and we can fit them in the privacy of my home. I will only have one person in my home at a time, and a fitting takes about thirty minutes. I live in a three bedroom home, residing there by myself. One of the bedrooms is set up to do bra fittings. The hours of operation will vary,but would probably fall between 9:00am and 8:30 PM Monday Through Thursday, 9:00am to 5:00 on Friday, and on Saturdays 9:OOam until 3:00pm. (probably every other Saturday.) I will not work on Sundays. I have a two car garage and only one vehicle and the driveway holds six cars. However, I will only be having one person over at a time. I will be the only one involved in doing the fittings. I have attended training seminars in Vegas and am a certified bra fitter. I have done an internship here in the cities with a lady who has sold the bras for twenty-eight years. I am very concerned with healthy breast issues and try to educate my customers as • to some do's and don'ts, I do not just try to fit the bra. I have a security system in m home, including a smoke detector right outside the tY Y Y g � be which is monitored and hooked to the fire department. I feel there is no problem in that respect. I would like to put a sign in my yard following the cities specifications which would read: BETTER BRAS By Appointment Only 612-566-6301 This will be a very low key operation. Just one person sporadically,by appointment,being fitted for a bra in the privacy of my home. I feel it is a great service to our community and do not believe it will create any problems in the neighborhood. I hope you will approve my application so I can offer this service to the many women who need it. I will cooperate with any city ordinances or other restrictions I must abide by. Thank you for your time and consideration in this matter. Kathy Godar Enclosures 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. 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 3 5-3 10 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 onetime,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 occupy_ ing the dwelling unit. 35-55 6. No special home occupation shall cause traffic congestion on the lot containing the special home occupation or on the streets adjacent thereto. 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 R 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. 35-56 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 Occu an lion-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. tHome Occupation. Special - Subject to the further limitations of Section 35-406 hereof, and ject 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. • Ho - 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. e th-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 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 City of Brooklyn Center 35-83 City Ordinance