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HomeMy WebLinkAbout1992 02-13 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 13 , 1992 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by interim Chairperson Wallace Bernards at 7 : 30 p.m. ROLL CALL Chairperson Bernards, Commissioners Mann, Sander, Johnson, Holmes, Kalligher and Sherritt. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. APPROVAL OF MINUTES (January 30 , 1992 Motion by Commissioner Mann seconded by Commissioner Johnson to approve the minutes of the January 30, 1992 meeting as submitted. voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Johnson and Holmes. Voting against: none. Not voting Commissioners Kalligher and Sherritt. The motion passed. ADMINISTER OATH OF OFFICE The Secretary then administered the oath of office to Commissioners Kalligher and Sherritt. Chairperson Bernards stated that there would be no election of a Chairperson Pro-Tem until a chairperson has been appointed by the Mayor. He clarified that he had no desire or design to be permanent chairperson. APPLICATION NO. 92004 (RITA BONNELL) Following the chairperson' s explanation, the Secretary introduced the first item of business, a request for special use permit approval to operate a beauty shop in the lower level of the applicants home at 6840 Bryant Avenue North. The Secretary reviewed the contents the staff report (See Planning Commission Information Sheet for Application No. 92004 , attached) . The Secretary also explained that the limitation on a home occupation sign is 2 1/2 square feet. He stated that the activity level of the home occupation should be less than the activity level of the beauty shop at Humboldt Square shopping center. He stated that the home occupation must be incidental and secondary to the residential use of the premises. Commissioner Johnson asked about the limitation of 10 in the basement. The Planner explained that the building code does not require a second exit for a home business as long as there are no more than 10 occupants in the basement level at any given time. Commissioner Mann asked whether a special use permit of this type is transferable. The Secretary answered that special use permits generally go with the 2-13-92 1 property, but that the city has looked at home occupations as an accessory use and that a re-review would be required if a different person were to move in and operate the home occupation. Commissioner Mann asked whether an insurance binder would be required for this home occupation. The Secretary stated that that is not a land use regulation. The Planner stated that an insurance binder might be required by the state under their licensing provisions. In response to a question from Commissioner Holmes regarding ventilation and plumbing improvements, the Secretary stated that the city would issue permits and do inspection on the work but that the work is actually required by the state and would also be inspected by them. In response to a question by Chairperson Bernards, regarding fire codes, the Secretary stated that a fire extinguisher would be required in the area of the home occupation. He added that another exit is not required as long as there are not more than 10 people occupying the basement. Chairperson Bernards asked about the hours of other home beauty shops generally. The Secretary stated that there are a variety of hours. He stated that the people performing services are not necessarily busy the whole time that they may have hours available. He stressed that all home beauty shops should operate on an appointment only basis. Parking is also prohibited on street. He stated that the city has received few complaints regarding beauty shops over the years. Chairperson Bernards asked whether they could be open on holidays. The Secretary answered that those hours have not been restricted. Commissioner Johnson asked whether the 7 : 00 pm ending time meant that the last appointment would be at 7 : 00 pm or if work would finish at 7 : 00 pm. The Secretary stated that it might mean that the last appointment would be at 7 : 00 pm. Commissioner Holmes asked whether Ms. Bonnell would be the only person operating the home business. The Secretary stated that it was limited to a one chair operation. He noted that a previous home occupation had allowed an occasional employee and that one is allowable under the ordinance but has not been sought in this case. Commissioner Sherritt asked whether there had been any input from the neighbors . The Secretary stated that none had been offered as yet. Chairperson Bernards then asked Ms. Bonnell if she had anything to add. Ms. Bonnell stated that she has insurance and will transfer that insurance coverage to her home beauty shop. In response to a question from Commissioner Mann regarding employees, Ms. Bonnell stated that she would have none. She also stated that the 10 hour days would be a maximum and that she usually does between 3 and 10 haircuts a day. Commissioner Sander asked whether she had walk in traffic now at the Humboldt Square. Ms. Bonnell responded in the affirmative, but added that she would operate on an appointment only basis. Commissioner Mann asked whether she would have a sign. Ms. Bonnell stated that it would be a small sign if any at all . Commissioner Holmes asked whether snow shoveling of the driveway would be required. The Secretary stated that, if the lack of shoveling forced on street parking, the city might get calls and it would then have to be 2-13-92 2 done in order to observe the requirement for no on street parking. He stated that home occupations generally regulate themselves. Commissioner Mann asked whether the tools used in the home beauty shop cause any TV or radio interference and if filters would be used. Ms. Bonnell responded that she uses the same size hair dryer as people use in their own homes. She did not see why it would be necessary to filter such equipment. Chairperson Bernards asked Ms. Bonnell why she was moving from Humboldt Square shopping center. Ms. Bonnell responded that the rent at Humboldt Square is simply too high for her to make a living at that location. PUBLIC HEARING (Application No. 92004 Chairperson Bernards then opened the meeting for a public hearing and asked whether anyone present wish to speak regarding the application. Mrs. Madeliene Roche of 816 69th Avenue North pointed out that no parking is allowed on 69th Avenue North. She stated that when she has family gatherings, her family has to park on Bryant Avenue North. She stated that is where her on street parking is. She stated that she had no objection to business as long as it did not interfere with this ability to park on Bryant Avenue North. Mr. Dick Tetzlaff of 6832 Bryant Avenue North stated that he had no problems with the home occupation. Mr. Joe Roche of 816 69th Avenue North also stated that he had no objection to the home occupation. CLOSE PUBLIC HEARING Motion by Commissioner Mann seconded by Commissioner Holmes to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPLICATION NO. 92004 (RITA BONNELL) Motion by Commissioner Johnson seconded by Commissioner Sherritt to recommend approval of application of No. 92004 , subject to the following conditions: 1. The special use permit is granted only for a one chair home beauty shop. 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 9 : 00 am to 7 : 00 pm, Monday through Friday and 8 : 30 am to 3 : 00 pm 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. 2-13-92 3 5 . The applicant shall install a 10 lb. fire extinguisher in the room of the home beauty shop. 6 . There shall be no more than 10 people in the basement area at any given time. 7 . All parking associated with the home beauty shop shall be off- street on improved space provided by the applicant. Voting in favor: Chairperson Bernards, Commissioners Mann, Holmes, Sander, Johnson, Kalligher and Sherritt. Voting against: none. The motion passed. OTHER BUSINESS The Secretary then updated the Planning Commission on the action taken on the Phillips 66 application. He stated that the City Council tabled the applications with the applicant ' s consent and indicated that it was willing to look at a modification to the setback requirement along Brooklyn Boulevard between 69th and 73rd Avenue North. Chairperson Bernards asked what upcoming business there was. The Planner indicated that a group home ordinance was being worked on and that an office/wholesale distribution facility at 69th and Shingle Creek Parkway had been submitted for possible application in March. The Secretary added that the real estate sign ordinance would also have to be reviewed in the near future. Following further brief discussion of some issues to relating to the Planning Commission, Chairperson Bernards again extended a warm welcome to the two new planning commissioners, Commissioners Kalligher and Sherritt. ADJOURNMENT Motion by Commissioner Sander seconded by Commissioner Holmes to adjourn the meeting of the Planning Commission. The motion was acknowledged by the Chairperson and the meeting was declared adjourned at 8 : 19 pm. Gdo�C Chairperson 2-13-92 44