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HomeMy WebLinkAbout1992 05-14 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER MAY 14 , 1992 REGULAR SESSION 1. Call to Order: 7 : 30 p.m. 2 . Roll Call 3 . Approval of Minutes - April 16, 1992 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 . Nhia Yong Thao 92008 Request for special use permit approval to build and operate an alterations shop in an addition to the garage at 6136 Brooklyn Blvd. 6 . Other Business 7 . Discussion Items 8 . Adjournment • •dL • PLANNING COMMISSION INFORMATION SHEET Application No. 92008 Applicant: Nhia Yong Thao Location: 6136 Brooklyn Blvd. Request: Special Use Permit The applicant requests special use permit approval to build and operate an alterations shop in the garage of the residence at 6136 Brooklyn Blvd. The property in question is zoned R1 and is bounded on the north and east by single family homes, on the south by the PBC clinic, and on the west by Brooklyn Blvd. An alterations shop, if conducted in the residence with no outside employees, would be considered a permitted home occupation under the Zoning Ordinance. However, in this case, the use of the garage puts the home occupation into the special use category. The applicant submitted a brief hand-written letter which we have incorporated into a somewhat longer submittal with information about the home occupation obtained from asking questions of the applicant in the Planning and Inspections office. A typed version of this submittal is attached for the Commission' s review. The submittal indicates that the proposal is for an alterations shop in an addition to the north side of the garage in an area approximately 9 ' x 351 . A rough site plan drawing is also attached. The hours of operation would be 9 a.m. to 5 p.m. Monday through Saturday. The property has a two car wide driveway at present and the applicant plans to add a 6 ' extension to the south side of the driveway. Only family members who live at the residence will be involved in the home occupation. There will be no outside employees. Mr. Thao proposes to put doors on the west end and the north side of the garage addition where the home occupation is to be conducted. A fire extinguisher will be installed in the shop area. Mr. Thao intends to have a 6 sq. ft. sign consistent with the provisions of the Sign Ordinance. One of the primary zoning concerns with this application is the origin of the products sold at the site. Under the Zoning Ordinance, goods produced on the premises may be sold as part of a legitimate home occupation; however, goods produced off the premises may not be sold. In discussions with Mr. Thao, it is apparent that he would like to do as much for the Hmong community in the Twin Cities as possible. We have explained that this home occupation cannot become a transfer point for goods produced by other persons working and living elsewhere. We believe that Mr. Thao understands this limitation in the Zoning Ordinance and we expect that he will abide by it. Another concern with this application is parking. The applicant is not providing a parking lot for the business as such. It will only be possible to park two cars abreast next to the garage once the driveway expansion is added. We do not know, frankly, how many May 14 , 1992 1 customers may come to the shop at one time. We do know, however, that there can be no parking or even a backup of traffic in Brooklyn Blvd. Since the garage is detached, the driveway is approximately 60 ' in length. It will probably be possible for four cars to park on the expanded driveway. However, this will not be convenient parking since two vehicles would be blocked in. The home occupation may occupy approximately 315 sq. ft. At 5 . 5 spaces per 1000 sq. ft. of floor area, the parking requirement would be 1. 73 (or 2) spaces. The "shop" area would be primarily for making clothing and other items; it would not be devoted entirely to sales. To limit walk-in traffic and thus traffic congestion, it may be appropriate to limit service traffic to an appointment-only basis. Putting the phone number on the freestanding sign may assist in controlling walk-in traffic. Another issue with this home occupation is the fact that it involves an expansion of an accessory structure for the express purpose of engaging in a home occupation. While this raises the concern of the "commercialization" of the property, it should be pointed out that such additions for home occupations have been allowed at least three times in recent memory: once for a photography studio on 69th Ave. N. , once for the home occupation right next door to this one for expansion of a chiropractic clinic, and once for a woodworking shop on Grimes Ave. North. While the proposed addition is substantial, it is not greater than these others and, we feel, can be allowed without making the home occupation more than secondary and incidental to the residential use of the premises. Finally, there is the issue of whether a shop such as this can even be located in an accessory building such as a garage. The Zoning Ordinance acknowledges home occupations in garages. Historically, however, home occupations in garages have involved small engine repair or fairly heavy machinery. Under the Building Code, garages are classified as a group M1 occupancy which is not a habitable occupancy. The proposed home occupation will certainly involve persons occupying the shop space. Other home occupations have also involved persons performing a service or producing a product in a garage. While it would certainly be preferable for the home occupation to be conducted in the dwelling rather than the garage, we do not know whether the proposed home occupation can be prohibited from the garage, in light of the Zoning Ordinance provisions and in light of precedent. In the past, the garage door was taken off the garage and it has been used, so far as we know, for storage. At a minimum, we would recommend that the garage door be put back on the garage so that it can function, in the main, as a residential garage and not entirely as a storage place for the shop. This would also allow for the family vehicles to be stored off the driveway, thus allowing more driveway space for customer parking. Conclusion and Recommendation May 14, 1992 2 In general, we feel that the proposed home occupation can be acknowledged under the provisions of sections 35-406 and 35-900 of the Zoning Ordinance (attached) . Any action recommending approval, however, should be subject to at least the following conditions: 1. The special use permit is granted for an alterations shop in the garage at 6136 Brooklyn Blvd. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2 . Customers seeking alteration services shall be served on an appointment basis. Hours of operation to be open to the public shall be from 9: 00 a.m. to 5: 00 p.m. Monday through Saturday. 3 . Only products produced on the premises shall be sold from the premises. 4 . All parking associated with the home occupation shall be on improved space provided by the applicant. The applicant shall widen the driveway by at least 6 ' for at least one car length in front of the garage. 5. The shop area is limited to a 9 ' x 35 ' addition to the north side of the applicant' s garage. Building plans for the garage addition are subject to review and approval by the Building Official prior to the issuance of permits. 6. The main portion of the garage shall be restored to the function of storing automobiles by replacing the overhead garage door prior to the issuance of the special use permit. 7 . The applicant shall install a 10 lb. fire extinguisher in the shop area. 8 . The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. Submitted by, cc' Gary Shallcross Planner May 14 , 1992 3 Approved by, � . 0. � Ronald A. Warren Director of Planning and Inspections May 14 , 1992 4 April 20, 1992 Dear City Government, I would like your approval (of] this application. I want to be a good citizen of America. Thank you, Nhia Thao (The following information about the proposed home occupation was obtained by asking Mr. Thao questions about the home occupation. ) Nature of Activity: Alterations shop; make and sell clothing items, quilts, etc. Location on premises: In addition to north side of garage. Hours of operation: 9 a.m. to 5 p.m. , Monday through Saturday. Parking space: Two car wide driveway plus 6 ' expansion. Employees: Only family members living on the premises will be employed in the home occupation. Ingress and egress: There will be one door on the north side and one door on the west side of the garage addition where the home occupation will be conducted. Safety: A fire extinguisher will be installed in the shop area. 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