Loading...
HomeMy WebLinkAbout1989 07-27 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 STUDY SESSION JULY 27, 1989 CITY HALL CALL TO ORDER fie-Planning Commission met in study session and was called to order by Chairperson Molly Malecki at 7:34 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Ella Sander, Lowell Ainas, Kristen Mann and James McCloskey. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioners Wallace Bernards and Bertil Johnson had stated that they were unable to attend and were excused. APPROVAL OF MINUTES- July 13, 1989 Motion by Commissioner Ainas seconded by Commissioner Mann to approve the minutes of the July 13, 1989 Planning Commission meeting as submitted. Voting in favor: Chairperson Malecki, Commissioners Ainas, Mann and McCloskey. Voting against: none. Not voting: Commissioner Sander. The motion passed. APPLICATION NO. 85004 (Cathy Rausch) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for an amendment to the special use permit for a home beauty shop at 3000 63rd Avenue North to allow extension of time for a nonresident employee. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85004 attached) . Commissioner Sander asked for clarification that the total hours for the home occupation would not be increasing. The Secretary responded that they would not be. PUBLIC HEARING (Application No. 85004) i� a�erson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Mrs. Joseph Wykrent of 3006 63rd Avenue North stated that she had no problem with the home occupation, but did not want any on-street parking allowed on 63rd. Mrs. Ronda Shepersky,of 3001 63rd Avenue North,also stated that she did not want any on-street parking on 63rd Avenue North. Chairperson Malecki asked whether there were any other people present who wished to speak regarding the application. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Mann seconded by Commissioner Sander to close the public hearing. The motion passed unanimously. Commissioner McCloskey asked whether the wooden deck would be enclosed if the special use permit is approved. Mr. Duane Rausch, the husband of the applicant, stated that the deck would remain open. 7-27-89 -1- ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85004 (Cathy Rausch) Motion by Commissioner Ainas seconded by Commissioner Mann to recommend approval of Application No. 85004, subject to the following amended conditions: 4. The hours of operation shall be: 9:00 a.m. to 5:00 p.m. Wednesday and Friday, 9:00 a.m. to 8:00 p.m. Tuesday and Thursday, and 9:00 a.m. to 2:00 p.m. Saturday. 11 . Special use permit approval acknowledges the presence of a nonresident employee until August 15, 1992 for the purpose of the applicant working toward attaining a shop manager's license from the State Board of Cosmetology. However, if the applicant receives her shop.license prior to that date, she shall submit a copy of it to the Planning and Inspection Department and the presence of a nonresident employee shall cease. Voting in favor: Chairperson Malecki, Commissioners Sander, Ainas, Mann and McCloskey. Voting against: none. The motion passed. APPLICATION NO. 89020 (Mary Ladd) ommissioner__:Ta_nder stated that she would have to excuse herself from consideration of this application because of a conflict of interest. The Secretary then introduced the next item of business, a request for special use permit approval to conduct a counseling business in the residence at 6941 Willow Lane. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 89020 attached) . Commissioner McCloskey asked what was meant in the conditions by "improved space provided by the applicant." The Secretary answered that this refers to the existing driveway. He noted that there is a double wide driveway on the property which will allow the possibility of two clients to be at the property simultaneously so that there should not be any parking on-street. He noted that the conditions also prohibit on-street parking. Chairperson Malecki asked the applicant whether she had anything to add. Ms_ Ladd stated that she had nothing to add, but would answer questions. PUBLIC HEARING (Application No. 89020) Chairperson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Ms. Lucille Forcelle, of 6924 Willow Lane, noted that she had lived in the neighborhood for over 20 years and asked what kind of counseling would be going on at the property and whether it would involve any drug or alcohol counseling. Ms. Ladd responded that she would not want people that she did not feel safe with herself. She stated that since 1984, she has had no problems with clients. Chairperson Malecki asked whether the present office is in her home. Ms. Ladd responded in the negative, stating that it is located in an office building with an attorney and other office tenants. Ms. Ladd stated that the majority of her clients are married professional people. 7-27-89 -2- Mr. Harley Aldrich, of 207 70th Avenue North, asked if there would be any signery associated with the home occupation. The Secretary pointed out that the City Sign Ordinance limits home occupation signs to 2.5 square feet which is a fairly small sign. Ms. Ladd stated that she would have no advertising signs as such, but might have a small sign on the garage to direct people to the front door. Mr. Charles Stutz, of 7001 Willow Lane, asked a number of questions. He asked whether there would be only one counselor. Ms. Ladd stated that there would be only herself with no assistants. Mr. Stutz asked whether some other home occupation could be allowed if this special use permit is approved. Chairperson Malecki answered that any other home occupation would have to be approved separately by the Planning Commission and City Council. Mr. Stutz asked whether a State license is required at this time. Ms. Ladd explained that the requirement for licensing has only recently been enacted by the legislature and that she is among the first seeking licensure. She stated that her application is presently pending and that there is a large number of applications to be reviewed and approved. Mr. Stutz asked whether the granting of the license by the State would expand the practice. Ms. Ladd responded in the negative. Mr. Stutz read the proposed Condition No. 1 regarding amendment of the special use permit. He asked about the possibility if he wanted to amend the special use permit. Chairperson Malecki answered that he would have to contact the City about problems with the home occupation and that the Planning Commission would then reevaluate the question. - -- The Secretary reviewed some examples of changes in the home occupation that would require an amendment to the special use permit, such as adding a nonresident employee. As to the type of counseling being done, he stated that the City does not have expertise in that issue and that it is not really a zoning matter. He stated that if the conditions were not abided by, that persons in the neighborhood could contact the City and that the home occupation would be reviewed. Commissioner Mann asked whether the State allowed Ms. Ladd to continue counseling while her license was pending. Ms. Ladd responded in the affirmative. The Secretary asked whether Ms. Ladd did counseling elsewhere. Ms. Ladd responded that she will also be seeing clients occasionally in her husband's office in Minneapolis. The Secretary concluded, therefore, that not all of her business would be undertaken in her home. Ms. Ladd agreed and noted that some clients did not want to drive all the way to Brooklyn Center. The Secretary also concluded that she would not have clients at her home every hour allowed for under the conditions of the special use permit. Ms. Ladd responded in the affirmative. Chairperson Malecki then asked whether anyone else had any comments. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner— Mann seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. Chairperson Malecki stated that parking on-site would basically preclude group sessions. ACTION RECOMMENDING APPROVAL OF APPLICATION N0. 89020 (Mary Ladd) Motion by Commissioner Ainas seconded by Commissioner Mann to recommend approval of Application No. 89020 subject to the following conditions: 7-27-89 -3- 1. The special use permit is granted only for the specific use proposed by the applicant. The use may not be altered or expanded in any way 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. Special use permit approval acknowledges use of an 18' x 24' room and adjoining half bath as being used for the home occupation. This is deemed to be an incidental and secondary use of the premises. No greater area within the home is acknowledged by this permit. 4. Clients shall be served on an appointment only basis between the hours of 8:30 a.m. and 5:30 p.m. Monday through Friday. 5. All parking associated with the home occupation shall be off- street on improved space provided by the applicant. 6. The premises shall be inspected by the Building Official and any necessary safety modifications required by him shall be completed prior to the issuance of the special use permit. 7. A copy of the applicant's state license as an Independent Clinical Social Worker shall be filed with the City Planning and Inspection Department. Voting in favor: Chairperson Malecki, Commissioners Ainas, Mann and McCloskey. Voting against: none. Not voting: Commissioner Sander. The motion passed. DISCUSSION ITEMS a) Group Home Study The Planner then distributed to the Commissioners the last chapter of the group home study and the Secretary stated that it had just been received today and that he had not read it himself. He stated that it is for the Planning Commission to review and would be discussed in the near future. The Secretary also pointed out that on August 17, the Planning Commission will review the Housing Study that was distributed at the previous meeting and that the Housing Commission and the Neighborhood Advisory Groups would also be present at that meeting. He added that the City Council had accepted Short-Elliott- Hendrickson as the consultant to do the study of Land Use in the neighborhood of 66th and Highway 252. He stated that although their proposal had been more expensive, it went into greater depth and provided for more meetings. ADJOURNMENT Motion by Commissioner Sander seconded by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:14 p.m. Chairperson 7-27-89 -4-