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HomeMy WebLinkAbout1990 09-27 PCP f PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 27, 1990 STUDY SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - August 30, 1990 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. Kathleen Holst 90025 Request for special use permit to operate a home beauty shop in the basement of the residence at 6107 Bryant Avenue North. 6. Other Business 7. Discussion Items 8. Adjournment Planning Commission Information Sheet Application No. 90025 Applicant: Kathleen Holst Location: 6107 Bryant Avenue North Request: Special Use Permit The applicant requests special use permit approval to operate a home beauty shop in the basement of the residence at 6107 Bryant Avenue North. The property in question is zoned R1 and is bonded on the east by Bryant Avenue North and on the south, west and north by single-family homes. Home beauty shops are classified as a special home occupation in the City's Zoning Ordinance and requires the approval of a special use permit. The applicant, Ms. Kathleen Holst, has submitted a letter (copy attached) in which she describes various aspects of the proposed home occupation. In it she states that the home beauty shop would be conducted in a 12 ' x 13 ' room in the southeast corner of the basement. The means of ingress and egress would be through the side door of the residence. Customers will go directly to the lower level from the side entrance. Customer parking is to be provided on the applicant's driveway (a site drawing is attached) . She states that there is plenty of space for customer parking. (The driveway widens considerably toward the garage to a 31 ' width. However, it is only 10 ' wide at the property line. ) Ms. Holst states that the salon will operate on an appointment-only basis during the hours from 9: 00 a.m. to 9: 00 p.m. Monday through Friday and 9: 00 a.m. to 5: 00 p.m. on Saturdays. She notes that she will not be working continuously during those hours and that she will be the only person working in the shop. There will be no employee. Ms. Holst states that there will be a smoke detector and fire extinguisher in the shop area and plans to have an evacuation plan in case of an .emergency. She also plans on having a sign not exceeding 2 .5 sq. ft. to let customers know they're in the right place. Ms. Holst concludes by stating that the shop will be licensed by the state and local approval is required to obtain that license. The main concern staff see with this application, as with most home occupations, is parking. The applicant's driveway is only one car wide near the street, though it widens considerably close to the garage. There is room for two cars to be parked side by side near the garage, but there is not much room for one to maneuver by the other to get in or out because of the taper of the driveway. Some widening of the driveway would be helpful. However, the street is bounded by curb and gutter and widening the driveway to the street would probably require a widening of the curb cut. The Commission may wish to view the property first hand and make a recommendation based on direct observation. It is our recommendation that the 9-27-90 1 Application No. 90025 continued driveway be widened so that it can clearly accommodate two cars at a time. Right now that would be difficult and there may be a tendency for some customers to park on the street. That is not normally permitted with home beauty shops. Another area of concern may be the extensive number of hours during which Ms. Holst will make appointments. The shop could potentially operate 68 hours per week. We certainly do not expect the applicant to be steadily working that number of hours. In fact, she has indicated as much in her letter. From a zoning standpoint, the limits of the hours may be more important than the total number. However, if the Commission is concerned with the total number of hours, it may wish to discuss with the applicant some reduction. We do not feel that the limits of the hours are a problem. In general, the proposed home occupation is consistent with other home beauty shops. Approval of the special use permit is recommended, subject to at least the following conditions: 1. The special use permit is granted only for a home beauty/ barber shop with a single operator. 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. All parking associated with the home occupation shall be off street on improved space provided by the applicant. 4. The applicant shall widen the driveway so that two vehicles can be accommodated on the property at the same time and safely enter and exit the property. Any widening of the curb cut shall be approved by the City Engineer and be inspected by the Engineering Department staff. 5. The hours of operation shall be from 9: 00 a.m. to 9:00 p.m. Monday through Friday and from 9:00 a.m. to 5:00 p.m. Saturday. Customers shall be served on an appointment-only basis. 6. The total number of occupants in the basement at any one time shall not exceed 10. 9-27-90 2 Application No. 90025 continued 7. The applicant shall obtain all necessary permits and complete all required building improvements prior to issuance of the special use permit. 8. The applicant shall install a smoke detector and fire extinguisher in the area of the home occupation prior to issuance of the special use permit. 9. A current copy of the applicant's state shop license shall be submitted prior to issuance of the special use permit. Submitted by, (�;cl--� sz�� Gary Shallcross Planner Approved by, Ronald A. Warren Director of Planning and Inspection 9-27-90 3 City of Brooklyn Center Planning and Inspection Dept 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 We are appling for a special use permit for the express Purpose of having a Home Beauty Shop. The shop would be located in the basement of our home at 6107 Bryant Avenue North, in Brooklyn Center. The shop will be located in the southeast corner of the basement. The shop size of twelve feet by thirteen feet, ( 156 square feet ) . The means of ingress and egress will through the sidedoor of the residence. This entrance can be sealed off from the rest of the house by closing a door in the kitchen, seperating it from the stairway and the landing. Customers will come in the door and go straight down the stairs and directly to the salon. Customer parking will be provided on our driveway as shown on the diagram on the other sheet. As shown there is plenty of space to accommadate the customers of the shop with off street parking. The salon will be open on a appointment only basis, during the hours of 9 am and 9 pm Monday through Friday, 9 am to 5 pm Saturday and closed on Sundays . Kathleen Holst owner of the home will be the only employee of the shop and will take appointments during these hours, but will not be working continously during these hours . Safty measures for the salon include having a smoke detector and fire extinguisher located in the shop and having evacuation Plans incase of an emergency. Signage for the shop will be provided by a small wooden Painted sign not to exceed the limit of 2. 5 square feet and it will be placed in our yard where it will blend into the landscaping and not be obtrusive to the neighborhood or overly noticable. It,s purpose is more to assure the customer that they are at the right location, than to advertise. At this point in time the salon is in it, s planning stages and we need to get the special use permit by the city and then Proceed to build the salon and have it inspected and licensed by the state. At that point the salon will be ready for customers. Section 35-220. SPECIAL USE PERMITS i 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: (a) The establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. (b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. (c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (d) Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. (e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ord- inance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connec- tion therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the pro- visions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the sub- ject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee of $15.00. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the sub- ject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one year, the special use permit re- lated thereto shall expire one year following the date of abandon- ment. 35-400 12. In instances where an existing one or two family structure in a residential zoning district is deficient in its setback from the front, side, or rear property line by not more than 30% of the setback requirement, the structure may be expanded along the existing building line, provided there is no greater encroachment into the required yard area. This provision in no way permits the expansion of a conforming structure resulting in a setback less than established by this ordinance. 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 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. 35-406 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. 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. r 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 Rl 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. 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