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HomeMy WebLinkAbout1991 07-25 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 25, 1991 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Molly Malecki at 7:30 p.m. ROLL CALL Chairperson Molly Malecki, _ Commissioners Ella Sander, Wallace Bernards, Lowell Ainas, Bertil Johnson, Kristen Mann and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. APPROVAL OF MINUTES - JUNE 27, 1991 Motion by Commissioner Sander seconded by Commissioner Mann to approve the minutes of the June 27, 1991 Planning Commission meeting as submitted. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Mann and Holmes. Voting against: none. Not voting: Commissioners Ainas and Johnson. The motion passed. APPLICATION NO. 91011 (Sai Rossi) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for special use permit approval to conduct a home beauty shop operation in the lower level of the home at 3000 Quarles Road. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 91011, attached) . The Secretary added that a very important aspect of all home occupations is that they always be incidental and secondary to the residential use of the property. Commissioner Mann inquired as to the other home occupation that had a nonresident employee at 63rd and Xerxes. She asked whether it was no longer in business. The Secretary answered in the affirmative. The Planner stated that it was his belief that that person had moved. The Secretary explained that the purpose of that employee was so that the resident could get her shop license over a period of time. Commissioner Sander asked about other cases of an employee being approved for a home occupation. The Secretary noted that there had been another beauty shop in the central neighborhood that was actually a two chair operation, but that that went out of business. He also noted that Dr. Lescault on Brooklyn Boulevard has an employee to fill in, similar to what is being proposed in this case. Commissioner Bernards asked for clarification that no directional signs would be allowed on other 7-25-91 1 properties. The Secretary agreed that no other signs would be allowed. Chairperson Malecki then asked the applicant whether she had anything to add. Mr. Ron Christensen then introduced himself and stated that he would be willing to answer questions on Mrs. Rossi's behalf. Chairperson Malecki asked whether customers would be able to park in the driveway. Mrs. Rossi responded that some people like to park on the street and that she would like to give them that option. Chairperson Malecki asked whether any comments had been submitted regarding this home occupation. The Secretary stated that he had a few conversations with a neighbor, but that there were no significant concerns regarding the home occupation. The Secretary added that he did not feel parking should be allowed on old Xerxes Avenue since that is too narrow to accommodate parking and traffic. Commissioners Bernards stated that he had seen the property and that up to two cars in front of the house should not be a problem. Chairperson Malecki then inquired as to the hours of operation. Mrs. Rossi stated that the hours that she had listed in her application were the hours that she would be available, but that she would not be busy that number of hours. She estimated that she would probably work between 30 and 35 hours a week. Chairperson Malecki asked whether the other employee would fill up the remaining hours. Mr. Christensen responded in the negative. Commissioner Sander expressed concern about the nonresident employee and about the number of hours involved. Chairperson Malecki stated that it was the applicant's intent only to use the nonresident employee when she was gone. Mr. Christensen added that it might be in cases where she was ill or there was some emergency. He added that it would not be a regular employment of another person on the property. He stated that other home occupations probably operate in this manner without seeking actual approval. He stated that the applicant wanted to be up front about the use of a nonresident employee on an irregular basis. The Secretary stated that the conditions can spell out the use of the nonresident employee. Mr. Christensen again reiterated that the nonresident employee would not be used on a regular basis. There followed a brief discussion between Commissioner Sander and Mrs. Rossi about the nonresident employee. Mrs. Rossi again stated that she would only use the nonresident employee in cases where she would be unable to make an appointment that had been previously scheduled. She added that she would operate on an appointment only basis. PUBLIC HEARING (Application No. 91011) Chairperson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Hearing no one, she called for a motion to close the public hearing. 7-25-91 2 Motion by Commissioner Johnson seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 91011 (Sai Rossi) There was a motion by Commissioner Ainas to recommend approval of Application No. 91011 subject to eight conditions. While the motion was on the floor, Commissioner Holmes discussed the matter of the hours of operation. The Secretary stated that the hours of operation are the outer limits of the home occupation and are intended to allow flexibility to the applicant. He again stated that home occupations have to be incidental and secondary to the residential use of the property. He stated that hours could be limited in some way to the hours worked if the Commission desired that. He stressed again that the home occupation should operate on an appointment only basis. Commissioner Ainas stated that limiting the hours worked would be too hard to monitor. Commissioner Holmes asked if the application would be reviewed annually. The Secretary explained that the application would not be brought back to the Planning Commission, but that it would be monitored if there were complaints or if other problems were noticed with the home occupation. Commissioner Holmes asked about the problem of lighting in the winter time. The Secretary stated that it would be up to the applicant to provide adequate light for people that park on or in front of her property. He stated that her homeowner's insurance would have to reflect the increased risk associated with the home occupation. The above motion to recommend approval of Application No. 91011 was seconded by Commissioner Johnson and the motion was made subject to the following conditions: 1. The special use permit is granted only for a one chair home beauty shop as proposed in the applicant's letter dated June 27, 1991. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The beauty shop shall operate on an appointment-only basis. Hours of operation shall be from 10: 00 a.m. to 8: 00 p.m. Monday through Friday and 9: 00 a.m. to 5: 00 p.m. on Saturdays. 3 . The applicant shall provide the City with a current copy of the State shop license prior to issuance of the special use permit. 4. The applicant shall obtain required permits for plumbing and ventilation work. 5. The applicant shall install a 10 lb. fire extinguisher in the room of the beauty shop. 7-25-91 3 6. There shall be no more than 10 people in the basement area at any given time. 7. Special use permit approval acknowledges parking of up to two cars associated with the home occupation on Quarles Road in front of the house. All other parking associated with the home occupation shall be on improved space provided by the applicant. 8. Special use permit approval acknowledges the employment on the property of one nonresident employee who shall work on an irregular, emergency basis to fill in when the applicant is unable to make an appointment due to sickness or vacation. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Johnson, Mann and Holmes. Voting against: none. The motion passed. APPLICATION NO. 91012 (Patricia Hill) The Secretary then introduced the next item of business, a request for special use permit approval to operate a dance studio in the residence at 6906 Grimes Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 91012, attached) . The Secretary added that the hours of operation are again an outer limit and are not intended as total time for the operation to be conducted. Commissioner Holmes asked what would happen to Grimes Avenue North when the 69th Avenue North improvement project is completed. The Secretary stated that there would be an intersection at 69th and Grimes, but that there would be no median opening in 69th so that left turns would not be possible. Commissioner Bernards asked what was the age of the students. He stated that he did not want morning classes to conflict with school. The Secretary directed that question to the applicant and stated that recitals should perhaps be held in another location to avoid on-street parking. Chairperson Malecki then asked the applicant whether she had anything to add. Mrs. Hill stated that she would like to be able to have adult classes for people in the neighborhood. In response to a question from Commissioner Holmes regarding parking, the Secretary stated that the conditions limit parking to being on the driveway. He reviewed briefly the history of parking provisions in the home occupation ordinance. He stated that it would be better for customers to park on the driveway than on the street even if there were a number of cars. Chairperson Malecki inquired whether the other dance studio that had been approved in 1984 was still in operation. The Planner stated that he was not sure, that it had been in operation in Northbrook Shopping Center for awhile, but that they may have returned to the home occupation status. 7-25-91 4 Commissioner Bernards asked the applicant what training she had in dance. Mrs. Hill briefly reviewed the people that she had received training from. Chairperson Malecki asked regarding the age of the students. Mrs. Hill stated that they would be between 2 1/2 and 4 years old. Mr. Ruan Hill who had accompanied Mrs. Hill stated that it was his understanding that a 6 sq. ft. sign would be allowed for the home occupation once it becomes a corner lot. The Planner responded in the affirmative, noting that once it abuts 69th Avenue North it will be on a major thoroughfare. PUBLIC HEARING (Application 91012) Chairperson Malecki then opened the meeting for a public hearing and noted that there was no one present to speak regarding the application. She called for a motion to close the public hearing. Commissioner Bernards asked whether there would be a berm and a sidewalk along 69th Avenue North when the improvement project is completed and whether this would affect the visibility of the sign. The Secretary stated that the sign would have to be on their property and could not be on the boulevard next to the street. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Sander to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 91012 (Patricia Hill Motion by Commissioner Sander seconded by Commissioner Ainas to recommend approval of Application No. 91012, subject to the following conditions: 1. The special use permit is granted only for a home dance studio as proposed in the applicant's submittal of July 9, 1991. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2 . The dance studio shall involve instructions in dance in classes not to exceed 10 people. 3 . Hours of operation shall be between 10:00 a.m. and 8:00 p.m. Monday through Friday and between 9:00 a.m. and noon on Saturdays. 4. All parking associated with the home occupation shall be off-street on improved space provided by the applicant. 5. The applicant shall install a 10 lb. fire extinguisher in the room used for classes. 6. Noise from the dance classes shall not be perceptible beyond the property lines of the lot on which the classes are conducted. 7-25-91 5 Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Johnson, Ainas, Mann and Holmes. Voting against: none. The motion passed. There was a brief discussion of previous applications that had gone to the City Council. The Secretary updated the Commission on their status and pointed out that he was still working on a real estate sign ordinance. There was also a brief discussion of garage sales. ADJOURNMENT Motion by Commissioner Bernards seconded by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:30 p.m. Chairperson 7-25-91 6