HomeMy WebLinkAbout1980 09-25 PCP -� PLANNING COMMISSION AGENDA
y STUDY SESSION
September 25, 1980
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes: September 11, 1980
4. Chairman'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 recomendations to the City
Council. The City Council makes all final decisions
in these matters.
5. Lee Cook, Sr. 80034
Request for a variance from Section 35-400 of the Zoning _
Ordinance to allow a 20' -x 24' garage to be built 6 feet
from Twin Lake Avenue North right-of-way, rather than
the required 35 feet. The address is 4825 Twin Lake
Avenue North.
President Homes 80035
Request for a variance from Section 34-130:11 of the
Sign Ordinance to allow two off-site directional signs
at the Dale Tile property and the Murphy Warehouse
property designating the temporary location of President
Homes business offices.
7. Federal Lumber 80036
Request for a variance from Section 34-130:11 of the.
Sign Ordinance to allow an off-site directional sign
on the Cook Paint property indicating the continued
existence of the business at 4810 N. Lilac Drive.
8. Zulfikar Walji 80037
Request for a home occupation special use permit to
conduct a photography studio in the basement of the
home at 4918 63rd Avenue North.
9. Other Business
10. Discussion Items
1 (a) Temporary Real Estate Signs
11 . Adjournment
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Planning Commission Information Sheet
Application No. 80034
Applicant: Lee A. Cook, Sr.
Location: 4825 Twin Lake Avenue North
Request: Variance .
The applicant seeks a variance from Section 35-400 of the City's Zoning Ordinance
in order to build a new garage 6 feet from Twin Lake Avenue right-of-way instead
of the ordinance requirement of 35 feet. The property in question, 4825 Twin
Lake Avenue North, is only 28.15 feet wide and extends from Twin Lake on the
west, to Twin Lake Avenue North on the east. Single-family homes abut the
property to the north and south.
There are quite a number of facts to consider in evaluating this application re-
lating to physical conditions, ordinance requirements, z nd past history.
Physical Circumstances:
1. The lot is 28.15 feet wide and approximately 150 feet deep.
Lot area is, therefore, 4220 sq. ft.
2. A 15' wide sewer easement runs through the front yard roughly
30 feet west of Twin Lake Avenue North.
3..--,- The dwelling is set back 74.3 feet from Twin Lake Avenue
right-of-way and 29.1 feet from the sewer easement.
4. There are private and public utility lines running from the
easement area to the house, so that any structure built in
this area would be built over these lines.
5. The house is- 24.1 feet wide with a 3 foot setback from the
north side property line and a 1 .1 foot setback from the
south side property Line.
6. The house on the lot to the south is 8.4 feet from its north
side lot line. (There is no excess land available on the
adjacent lot).
,7. There is a 12' x 20' existing one car garage at approximately
the same location as the proposed garage which is in very
poor condition and is felt by the owner to be an eye-sore.
8. The proposed garage would be 20 feet wide and 24 feet deep,
set back 6 feet from Twin Lake Avenue North, 3 feet from
the north lot line, and 5.1 feet from the south lot line.
It would abut, but not encroach into the sewer easement.
Historical Circumstances:
1. This property was originally platted as Lot 5, Block 5,
Lakebreeze Addition in 1923 with a width of 56.29 feet.
2. Sometime later, probably in the 1930's, the south half of
the property was subdivided off 'and combined with the north
48 feet of Lot 4. No Zoning Ordinance existed in Brooklyn
Center prior to 1940.
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L Application No. 80034 continued
3. The present owner purchased the property in 1943, after the
lot split had taken place.
4. The garage on the neighboring property to the south is only 3
feet from the Twin Lake Avenue North right-of-way, was built
in 1967 and was approved by variance under Planning Commission
Application No. 65055. Evidence contained in this file suggests
that consideration was given to the owner's opinion that the
lakeshore is the front yard and the yard abutting Twin Lake
Avenue North is the rear.
Zoning Considerations:
1 . The property is zoned R4. A single-family home is a nonconform-
ing use in the R4 zone, .but is exempt from the ordinance limit-
ations on structural' expansion or alteration of nonconforming
uses as found in Section 35-111 :3.
2. The existing house and garage are nonconforming structures in
that they are deficient in one or more. setback ,requirements.
(10 feet side interior setback for. dwellings; 35 foot setback
for all structures from fronting right-of-way.
3. The standards for a variance, contained in Section 35-240:2
dictate,among other things, that: "the alleged hardship is
related to the requirements of this ordinance and has not been
created by any persons presently or formerly having an interest
in the parcel of land. "
4. Section 35-111 stipulates that "no . . .nonconforming use of land
shall be enlarged or increased or occupy a greater area of land
than that occupied at the time of the adoption of this ordinance. . .;
shall not be moved to any o ther part of the parcel of land". . .;
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and, in the case of single family homes in multi-family districts,
may expand "provided any structural alterations or additions shall
conform with the requirements of the R1 district."
5. Were this lot vacant and located in the R1 or R2 zone, it would
not be considered buildable according to the requirements set
forth in Section 35-500 of the City's Zoning Ordinance which
stipulates that lots of record prior to 1976 shall be considered
buildable provided they are at least 40 feet in width and 5,000
sq. ft. in area.
6. The proposed garage does meet the side yard setback requirement
for garages (3 feet.
The first question to be answered, before the merits of the variance request are
evaluated, is whether any further construction may be permitted at all... , ,It-Is
our opinion that some construction is permitted under the present circumstances.
The Planning Commission is referred to a legal opinion offered by the City Attorney
- (attached) in the Howe case (application Nos. 79016 and 79017) in which structural
nonconformity and use nonconformity are placed in the same legal status. If this
is the case, we may conclude that the right of single-family residential uses to
expand or undergo structural alteration when they are located in residential districts
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Application No. 80034 continued
' other than R1 or R2 is not lessened when those uses are located on grossly sub-
standard lots. That is, the nonconformity of a house built on a 28' wide lot
is legally no different than in a residential zone other than R1 or R2. Moreover,
the lot size requirements of Section 35-5'00 apply only to lots of legal record
in the RI or R2 zone. Therefore, the buildability of this lot is not governed
by Section 35-500.
It is also felt that Subsection 3 of Section 35-111 which excepts single-family
homes from the limitation on structural alterations of nonconforming uses en-
compasses the enlargements normally forbidden by Subsection 1 and the moving
of a use to another part of the parcel of land normally forbidden by Subsection
2. Therefore, so long as "any structural alterations or additions shall conform
with the requirements of the R1 district," single-family homes located in
districts other than R1 or R2 may expand.
With respect to variances from district requirements, the policy articulated in
the Howe Fertilizer case is generally applicable here. Entitlements to build,
rebuild, or expand nonconforming uses do not comprehend automatic approval of
variances. Variances will be granted in such cases only if the Standards for
a Variance (attached) are met. -
Based on tte circumstances enumerated earlier, it is staff's opinion that the
Standards for a Variance are met in this case for the following reasons:
a. Because of the particular physical surroundings - the size
of the lot, ,the placement of the house on the lot, the
location of sewer easement and of other utility lines
serving the residence - a hardship would result (a new
garage could not be built) if the strict letter of the
regulations were carried out.
b. The conditions upon which the-application is based are
unique at least to those parcels which abut Twin Lake and
have the sewer easement running through their "front"
yard. No other parcel abutting the lake is as narrow as
the parcel in question, which affords. no room to place
the garage alongside the house.
c. The hardship is related to the requirements of this
ordinance, in that it was enacted after the present lot
.was established; and the hardship was not created by any
person presently or formerly having an interest in the
parcel . The lot split took place prior to purchase by
the present owner and without knowledge of what zoning
requirements might be 40 years hence.
d. The granting of the variance would not seem to be detri-
mental to surrounding property in that many of them have
the same arrangement with the garage set closer to Twin
Lake Avenue North than would normally be allowed by
ordinance. Also, the City Council in 1965 under Application
No. 65055, granted a somewhat similar variance for a garage
on the neighboring property. To date, no negative state-
ments regarding this application have been received by the
Planning and Inspection Department.
A public hearing has been scheduled and notices have been sent.
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9/5/80
Brooklyn Center Planning Commission
Brooklyn Center, Mn.
In regards to removing old and building a new garage;
I would like to tear down my old garage and build a new
garage, in the same location, size (20x24) as per survey plot.
I am not able to locate the garage, any other location on the
---- lot, because of sewer and water easements. The garages existing -in the block now, do not set back 35ft. . as required by the code,
from the front lot line. Evidently, they all were issued
variences, from the planning committee.
I am very much in need of a new g ara a and I hope ou will
take into consideration, the existingstructure , that now have.
Thanking you,
LEE COOK
4825 Twin Lake Ave. No.
Brooklyn Center. Mn.
(537-8728)
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Section 35-240. 'VARIANCES
2. Standards for Variances '
The Board of Adjustments and Appeals may recommend and the
City Council may grant variances from the literal provisions of
this ordinance in instances where their strict enforcement would
cause undue hardship because of circumstances unique and distinc-
tive to the individual property under consideration. However, the.
Board shall not recommend and the City Council shall in no case
permit as a variance any use that is not permitted under this
ordinance in the district where the affected person's land is
located. A variance may be granted by the City Council after
demonstration by evidence that all of the following qualifica-
tions are met:
(a) Because of the particular physical surroundings,
shape, or topographical conditions of the specific
parcels of land involved, a particular hardship to
the owner would result, as- distinguished from a
mere inconvenience, if the strict letter of the
regulations were to be carried out.
(b) The conditions upon which the application for
variance is based are unique to the parcel of
land for which the variance is sought, and are
not common, generally, to other property within
the same zoning classification.
(c) The alleged hardship is related to the requirements
of this ordinance and has not been created by any
persons presently or formerly having an interest
in the parcel of land.
(d) The granting of the variance will not be detri-
mental to the public welfare or injurious to
other land or improvements in the neighborhood
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in which the parcel of land is located.
3. Conditions and Restrictions
The Board of Adjustments and Appeals may recommend and the
City Council may impose conditions and restrictions in the grant-
ing of variances so as to insure compliance with the provisions
of this ordinance and with the spirit and intent of the Compre-
hensive Plan and to protect adjacent properties.
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March 15, 1979
TO: RON WARREN, DIRECTOR OF PLANNING AND INSPECTION
FROM: R.J. SCHIEFFER, CITY ATTORNEY
RE: HOWE FERTILIZER
You have requested a memorandum on behalf of the
Planning Commission for a general review of non-conforming
use requirements of City ordinances as they relate to the
rebuilding of a structure which was destroyed by fire at the
• Howe Fertilizer Plant.
The Planning Commission application reveals that
request is being made to reconstruct a building which requires
variances from the setback provision and the buffering
provision of the current ordinance. This variance request
raises the question of whether or not a use which is non-conform-
ing as to setback is to be treated by the same rules as a use
which is non-conforming as to the use. We have previously
answered this question, stating that under Minnesota law there
is no distinction between the two kinds of non-conformity.
However, since the Minnesota Supreme Court has dealt neither in
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depth nor recently with the specific issue, we would like
to conduct further research into that issue.
The prospect of this issue being made moot by a
realignment and a relocation of the building always exists.
However, before requesting or permitting the applicant to
voluntarily undertake the expense of redrafting site plans
our research has uncovered another area which requires
investigation. Generally speaking, this issue is one of the
exact nature of the current use as contrasted with the nature
of the use which existed on the site at the time the property
became a non-conforming use. In short, at some. point in time,
a site which was used for the stock piling of organic fertilizer
(manure) and the distribution of potatoes in bulk, became, by
revolution in the technology of fertilizers, a site for the
collection, mixing, bagging, and distribution of toxic and
possibly polluting chemicals. We feel compelled, before reviewing
this matter fully with the Planning Commission, to make a complete
review of the transition of uses on the site as compared with
the transition of zoning ordinances which have been in effect
over the years.
These investigations will require further time and
study and, since other consultants have been unable to present
their reports at tonights Planning Commission meeting, and since
it appears likely that the matter will be tabled we refer to
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continue our investigations and report more fully to the Planning
Commission at its continued meeting.
RJS
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Section 35-111. NONCONFORMING USES
Unless specifically provided otherwise herein, the lawful use of any land
or building existing at the time of adoption of this ordinance may be continued
even if such use does not conform to the regulations of this ordinance, provided:
1. No such nonconforming use of land shall be enlarged or increased or
occupy a greater area of land than that occupied by such use at the time of the
adoption of this ordinance.
2. Such nonconforming use shall not be moved to any other part of the
parcel of land upon which the same was conducted at the time of the adoption of
this ordinance.
3. A nonconforming use of a building existing at the time of the adoption
of this ordinance may be extended throughout the building provided no structural
alterations except those required by ordinance, law, or other regulation are made
therein. Excepted from the structural alteration limitation are single family
dwellings, located in residential districts other than R1 or R201 provided any
structural alterations or additions shall conform with the requirements of the
R} district.
4. If a nonconforming use occupies a building and ceases for a continuous
period of two years, any subsequent use of said building shall be in conformity to
the use regulation specified by this ordinance for the district in which such
building is located.
5. Any nonconforming use shall not be continued following 60% destruction
of the buildina in which it was conducted by fire, wind, earthquake, or explosion,
actor=== -- ==e --- -�•..: t,ic Building Inspector, approved•by the City Council.
6. Upon the effective date of this ordinance, where there is a nonconforming
use of land on a parcel with no structure or where there is a nonconforming use of
-land (such as storage of equipment and supplies) , on which there is a conforming
structure, such use shall be terminated within two years following the effective
date of this ordinance.
7. The foregoing nonconforming use provisions notwithstanding, the manu-
facture of chemical fertilizer within the I2 zoning district, and upon the site of
• the Howe, Inc. fertilizer plant located at 4821 Xerxes- Avenue North and legally
described on Exhibit A attached hereto and made a part hereof by reference, shall
be abated and discontinued on or before November 5, 1982; provided, however, that
any such manufacture of chemical fertilizers which constitutes-a nuisance under
the Common Law, under Minnesota Statutes 561.01, or under Section 19.101 of Brooklyn
Center Ordinances shall be immediately abated and discontinued.
Section 35-200. COrIPPEHENSIVE PLANNING
The City Council hereby undertakes to carry on comprehensive study and
planning as a continuing guide for land use and development legislation within the
municipality. For this purpose the City Council has adopted, by Resolution No. 66-
295, a Comprehensive Guide Plan for the Citv of Brooklyn Center, and designates an
. advisory planning agency by Section 35-201 to aid in such planning.
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Section 35-400 (continued)
(2) where no more than three interior lots have frontage on a "cross
street," and where the corner lots are developed so that one side
yard of each corner lot faces the "cross street," the front yard
setback of the interior lots may conform to the side yard setbacks
of the corner primary structures. A single family dwelling and
permitted accessory structures may be constructed to .within• fifteen
. (15) feet of the side corner lot line on a residential corner lot
which was of leqal record on December 19., 1957, and which does not
:meet the requirements of this ordinance as to width.
C(3) (a) Acdessory buildings must be set back at least three (3)
feet from an interior side lot line.
(b) In the case of permitted one family and two family dwellings,
the dwelling may be located less than ten (10) feet, but not
less than five (5) feet, from not more than one (1) of the
established interior side lot lines, provided: (1) All other
yard setback requirements are met; (2) The remaining minimum ten
(10) foot interior side yard, between the dwellings and the lot
line, shall not be used for any accessory building; (3) The
exterior wall of the dwelling, facing the interior side yard of - --
less than ten (10) feet, shall contain no openings including
doors, or windows, or provision for mechanical equipment.
(c) The setback distance shall be measured from the exterior wall of
the building, and no part of any roof cornice or any appendage
to the structure shall project more than one (1) foot into the
minimum side yard setback.
(d) Interior side yard setback requirements may be waived in
ebmanercial and industrial districts•where abutting commercial
and industrial property owners wish to abut along a common wall
built along the property.
(4) When a building of 2-1/2 stories or more in an R5, R6, R7, C1A or C2
zone abuts an R1 or R2 zone, the setback of this building from the R1
or R2 property shall be no less than twice the height of the building.
(5) In the case of corner lots, the lot lines not abutting street right-of-way
shall, the purpose of this ordinance, be considered side-interior lot
I lines; and except as otherwise provided, the use shall adhere to the
setback requirements set out for interior side yards.
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Section 35-414 (continued)
• 7. Lighting surrounding automobile service stations must meet the
provisions of Section 35-712. Lighting design must be submitted to the Planning
Commission for recommendations to the City Council and all lighting shall con-
form to drawings and specifications approved by the City Council.
8. Any required buffer or screening area shall be so constructed and
maintained as to keep the beam of automobile headlights from shining into
abutting properties.
9. There may be signs as permitted by the Brooklyn Center Sign
Ordinance.
10. The following activities are prohibited:
(a) Body work and painting
(b) Motor vehicle parking, except that owners and
employees automobiles and .a maximum of three
service vehicles may be parked. Automobiles being
serviced may be parked for a maximum period of 48
hours at any one time.
i11 . The lawful use of land for any automobile service station existing
at the time of the adoption of this ordinance may be continued even if such use
does not conform to the above regulations provided that the use is made to
conform to these regulations except subsections 1 , 2, 3, and 4 above, within
twelve months of the date that this ordinance is adopted. Subsection 3 of
Section 35-414 shall apply to all exterior additions, alterations, accessory
buildings and signs erected or constructed after the effective date of this
ordinance.
12. The owner and lessee shall be jointly and severally responsible
for seeing that the above regulations are observed.
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FSection 35-500. SUBSTANDARD LOTS AND PARCELS
A lot or parcel which was of legal record within the R-I o r -2 zoning
' district on January 1 , 1976, and which does not meet the requirements of this
ordinance as to width or area may nevertheless be utilized for single family
detached dwelling purposes, provided the width is not less than 40 feet at the
property line; the lot area is not less than 5,000 square feet; and provided
that yard setback requirements for single family detached dwellings are met.
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Planning Commission Information Sheet
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Application No. 80035
Applicant: Harvey Lubov, President Homes
Location: 4808 N. Lilac Drive
Request: Variance
The applicant is seeking a variance from Section 34-130:11 of the City's Sign
Ordinance in order to obtain an off-site directional sign for an unspecified
period of time.
Section 34-130:11 prohibits off-site signs except those provided for under
Sections 34-140:2c, 2f, 2i , 2k, 2,1 (1) , or those approved in conjunction with an
Administrative Permit as provided in Section 35-800 of the City Ordinances.
Without reviewing each of these specific exceptions here (see attached ordinance
sections for further review) , it is the staff's judgment that the proposed signs
do not fall clearly into any of these categories.
President Homes has erected an off-site directional sign on Highway Department
right-of-way westerly of Highway 100 where it intersects with France Avenue North.
This sign was erected shortly after the fire on August 16, 1980 which destroyed
a great portion of the Federal Lumber/President Homes complex (A companion appli-
cation has also been submitted by Federal Lumber) . The off-site directional sign
located on Highway Department right-of-way has been ordered down by the staff,
but is not being pursued pending action on this variance request.
The applicant has submitted a letter (attached) with his application in which he T
makes the following points:
1 . The President Homes business offices have been moved to the Murphey
Warehouse at 5001 France Avenue North and customers will be unable.
to find these temporary offices without off-site directional
signery. -
2. The request is made only for a temporary (although unspecified)
period of time to keep the business running.
3. The granting of the variance will not be detrimental to other
property. The company is making every effort to rebuild in their
former location. (To date , the City staff has had little or no
discussion regarding the rebuilding of the affected businesses).
4. The signs were erected with the permission of the property owners.
As has been noted in relation to other sign variances, the purpose of the Sign
Ordinance is to provide for "necessary visual communication" while protecting the
public safety and promoting a pleasant physical environment. Variances from
strict letter of the ordinance may be granted if the following qualifications or
standards are met:
1 . A particular hardship to the owner would result if the strict
letter of the regulations were carried out;
2. The conditions upon which the application for a variance is
• based are unique to the parcel of land or the use thereof, ..
for which the variance is sought and are not common, generally,
to other property uses within the same zoning classification.
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Application No. 80035 continued
3. .The granting of the variance will not be detrimental to the
public welfare or injurious to other property or improvements
in the neighborhood.
With regard to these standards and the application before the Commission, the staff
would make the following observations.
1 . The hardship which the applicant is experiencing at this time
is not entirely related to the Sign Ordinance. That is, the
potential loss of business is more a result of the destruction
caused by fire than by the change in business location.
2. The Commission should carefully consider the effect approval of
this variance would have in terms of setting precedent for
similar situations. For instance, should all businesses which
change location be allowed whatever directional signery is
necessary to lead customers step-by-step to their new door?
And, would not new businesses have the same economic survival
at stake in directing customers to their establishments?
3. The standards require that signs allowed by variance not be
detrimental to the public welfare, generally, as well as to
neighboring properties. The fact that the owners of the
-- - -- - property on which the signs have been placed do not object,
is not necessarily an indication that Standard No. 3 is met.
Any sign which is unnecessary would not seem compatible with
the public welfare in light )f the Sign Ordinance's statement
of purpose to provide for "necessary visual communication.'
4. The fire, which has caused the hardship, for President Homes
(as well as Federal Lumber) certainly can be considered a
unique situation and the continuation of the business is of
significant importance to the applicant and his employees
and may very well have an affect on the community.
5. The fire or disaster should be the basis for granting any
variance. It is felt that a determination should be made
regarding what might be a reasonable time for allowing an off-site
sign. The main purpose of the sign is to provide direction for
customers not realizing that the business is still in operation.
Any variance should be only for a specific temporary P eriod with
no extensions of that time to be considered. A temporary period
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would allow the applicant time to take advantage of other means
of communication such as notices to customers, media ads, etc.
to inform clients and potential clients that they are still in
operation. As time goes on, the necessity of the sign and the
hardship lessen. Perhaps 30, 60 or 90 days with no extensions
would be considered adequate time.
6. It has been suggested to President Homes (as well as Federal
Lumber) that the signs night better be located on private property
rather than public right-of-way. There have been indications
that this type of right-of-way area should be kept free of
billboards and signs, except those expressly permitted by the
ordinance.
. 7. Also, if a variance is granted, the size of the sign should be
specified. Typically, directional signs are limited to 16 sq. ft.
A public hearing has been scheduled and notices have been sent.
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PRESIDENT HOMES
DIV.OF I4ARVEV BUILDERS,INC.
PRESIDENT �� -'-� �r,w..�•d
♦t HOMES
48M NORTH LILAC DRIVE
MNNEAPOLIS, MINN. 55429
TELEPHONE (612) 537.3622
SEPTEMBER 8, 1980
Mr. Gerald Splinter '
City Manger Of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Dear Mr. Splinter,
As you are aware of the buisness mis-
----------------- -- fortune President Homes as well as Federal Lumber
has suffered on the night of August 16, 1980, we are
specifically asking for a variance in your sign code
so that we may continue to regroup and do business
in.as normal a fashion as possible, until we can
rebuild our former office.
Your cooperation in securing this
variance will be both helpful and appreciated.
Sincerely yours,
HARVEY A. BOV, PRESIDENT
PRESIDENT HOMES
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` PRESIDENT HOMES
DI V.OF HARVEY BVILOERS,INC.
PRESIDENT
is HomEs
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4808 NORTH LILAC DRIVE
MINNEAPOLIS, MINN. 55429
TELEPHONE (612) 537.3622
SEPTEMBER 10, 1980
Mr. Ron Warren
Director of Planning & Inspection
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Ron:
This letter is a request for a variance in your sign
ordinance as per Section 34-180.
1) We have had to move our business offices in the
Murphy Warehouse location on 5001 France Avenue
North. Our customers cannot find us since we
have moved because of the fire on the evening
of August 16, 1980.
2) This request is made only on a temporary basis.
in order for us to continue to stay in business
and keep our people employed.
3) The granting of this variance will not be de-
trimental to the public welfare or injurious to
other property in the neighborhood. We are making
- every effort to rebuild in our former location.
Also, may I note that permission has been received by
us to place our temporary directional sign on Dale
Tile's Property and Murphy Warehouse Property.
Thank you.
Harvey A. cv, President
PRESIDENT HOMES
HAL:mj
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t Section 34-120. NONCONFORMING USES
Any sign legally existing on the effective date of this ordinance which
does not conform to the requirements set forth in this ordinance shall become
a nonconforming use.
• • Nonconforming, permanent signs shall be allowed to continue but shall
not be rebuilt, materially altered, or relocated without being brought into
compliance with the requirements of this ordinance, except that any flashing
portion shall be discontinued within 30 days after the effective date of this
ordinance.
Section 34-130. PROHIBITED SIGNS
1. Signs that, by reason of position, shape, or color would
interfere with the proper function of a traffic sign or signal.
2. Signs within the public right-of-way or easement, except for
government installed signs.
3. Signs that resemble any official marker erected by a governmental
agency or that display such words as "Stop" or "Danger".
4. Flashing signs including indoor signs which are visible from the
public streets.
S. With the exception of searchlights which may be approved in
conjunction with an Administrative Permit as provided in
Section 35-800 of the City Ordinances, no rotating beam, beacon
or flashing illumination shall be used in connection with any display.
6. Signs or sign structures that obstruct any window, door, fire escape,
stairway or.opening intended to provide ingress or egress for any
building structure. With reference to commercial and industrial
districts, signs painted on the inside glass portion of windows or
'doors are permitted.
7. Banners and stringers unless approved in conjunction with an
Administrative Permit as provided in Section 35-800 of the City
Ordinances.
I
S. Sign posters that are tacked or posted on trees, fences, utility
poles or other such supports.
9. Portable signs, except as provided in Section 34-140, Subdivision 2f
unless approved in conjunction with an Administrative Permit as pro-
vided in Section 35-800 of the City Ordinances.
10. Roof signs except as provided in Section 34-140, Subdivision 3A(1) .
pl"'11. Billboards, except as provided in Section 34-140, Subdivisions
2c, 2f, 2h, 2i, 2k, 21 (1) ; or billboards which may be approved in
conjunction with an Administrative Permit as provided in Section 35-800
of the City Ordinances; and certain rummage sale billboards as provided
in Section 34-110 of the City Ordinances.
12. Signs painted directly on building walls.
13. All other signs not expressly permitted by this ordinance.
x
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Chapter 34-140 (continued)
i. Wall Signs on office buildings shall be of a uniform design
compatible with the exterior appearance of the building.
2. Permitted Signs Not Requiring a Permit
a. Identification signs for one and two family dwellings provided that
such signs are less than two (2) square feet in area. (Note: Home
occupation signs are covered by Section '�4-140, Subdivision 3C (1) .)
b. Freestanding site pedestrian vehicular-traffic, and parking directional
signs as appropriate, provided such signs are less than thirty-six (36)
square feet in area .
c. Traffic control signs, noncomnercial.governmantal signs, legal
notices, railroad crossing signs and temporary nonadvertising'safety
or emergency signs.
d. Signs denoting the architect, engineer, contractor, or owner when
placed upon a respective worksite and not exceeding an aggregate
of forty-eight (48) square feet in area , to be removed ten (10) days
following completion of construction.
e. Copy or message changing on a printed or painted sign which is
permitted by this ordinance.
f. Portable and freestanding political signs for a_ period of not more than
ys
sixty (60) days before and ten (10) da after an election provided no
one sign is greater than sixteen (16) square feet in area . Freestanding
political signs may be installed only upon private property with the
permission of the property owner who shall be responsible for removal
thereof. The candidate whose candidacy is promoted by an improperly
placed or otherwise illegal political sign shall be held responsible.
therefor.
g. Signs or posters painted on or attached to the inside of a display
window. This shall include illuminated signs, but not flashing signs.
h. Flags, badges, or insignia of any government or governmental agency,
or of any civic, religious, fraternal or professional organization.
Commercial and industrial establishments may display a single flag
consisting of the official corporate seal or insignia as identification
of the individual establishment. Advertising_or promotion of specific
products or services is prohibited unless approved in conjunction with
an administrative permit as provided in Section 35-800.
i. Emergency signs required by other governmental agencies.
J. Temporary displays which are erected to celebrate, commemorate, or
observe a civil or religious holiday.
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` Section 34-140 (continued)
k. Courtesy bench signs, provided they are installed and maintained
by a person, firm or corporation licensed by the City Council.
1. Real Estate signs as follows:
(1) Temporary freestanding or wall signs for the purpose of
selling or leasinq individual lots or entire buildings
provided that such signs shall be less than ten (10)
square feet for residential property and thirty-two (32)
square feet for other property and that there shall be
only one such freestanding or wall sign permitted for
each property. The sign must be removed within ten (10)
days following the lease or sale.
Temporary freestanding off-site real estate signs announcing
an "open house" or similar activity for the purpose of showing
or displaying a home for sale are permitted provided:
(a) The off-site sign is located on privately owned
residential property and there is no objection to
the display of the sign on the part of that
property owner;
(b) The off-site sign is displayed only during the time
of the "open house" or showing;
(c) The size of the off-site sign shall not exceed 2.5
square feet.
(2) A temporary freestanding sign for.the purpose of announcing or
promoting a new residential, commercial or industrial project
development, provided that each residential project contains at
least six (b) dwellings or lots. Further provisions are, that
one such sign is permitted for each major thoroughfare the project
abuts; the signs shall be located at least one hundred thirty (130)
feet from any pre-existing home; the signs are removed within two (2)
years of issuance of the first building permit in the project or when
the particular project is ninety (90) per cent sold out or rented,
whichever is sooner; and each sign shall not exceed the following
size limitations:
Project area under 10 acres - 48 square feet
Project area over 10 acres - 320 square feet
f
Section 35-800. ADMINISTRATIVE PERMITS
+ No person shall use his property or/and assist, countenance or allow the
use of his or of another's property located within the municipality for any of the follow-
ing purposes or uses without first having obtained a permit from the City zoning
0 Section 35-800 (continued)
official. The use shall not for the duration of the permit, considering the time
I of year, the parkino layout for the principal use, the nature of the proposed use
and other pertinent factors, substantially impair the parking capacity of the
principal use or impair the safe and efficient movement of pedestrian and vehicular
traffic either on or off the premises. A waiver from certain provisions of the sign
ordinance and from certain parking requirements of this ordinance is implied by the
granting of an administrative permit, but only for the duration of the permit and to
the extent authorized by said permit.
• 1. Tents, stands and other temporary structures for church functions,
civic functions, charities, carnivals, and similar purposes for a
period not exceeding 10 days. The permit fee shall be $2. Certificates
of insurance may be required to assure the public welfare.
. off site signs promoting or announcing civic functions or community events
may be authorized by the City Council for a period not exceeding 10 days .
provided:
a. The off site signs are located on private property in
• the Commercial (Cl, C1A, and C2) or Industrial (I-land I-2)
Zoning Districts; •
b. The off site signs are limited to no more than 5 locations;
and
c. There are no more than one sign per location.
permits for such signs will be considered independent of any other permits
authorized by this section of the ordinance. The permit fee shall be $2
per sign location.
2. Out of door retail sale, storage and display of merchandise or offering of
Services when accessory to or promoting a permitted use or a special use
P 'within a nonresidential zoning district as follows:
a. The out of door retail sale, display, and storage of nursery
and garden merchandise including lawn furniture and equipment,
for a period not to exceed 30 consecutive weeks in any one
calendar year: The permit fee shall be $5.
b: Miscellaneous out of door retail sales or displays or
' - promotional events for periods not to exceed 10 consecutive
days. Two such 10 day permits may be allowed per premises per
calendar year. The permit fee shall be $2.
Section 35-801. ADMINISTRATIVE PERMIT APPLICATION •
Application for permission to engage in a use set forth within Section 35-800
shall be made to the City. The applicant shall set .forth his name, address, the
location of the proposed use, the duration of the proposed use, the hours of the
�� . proposed use, the nature of the proposed use and shall submit a map or diagram
describing the layout of the proposed use.' The zoning official may require such
.A.11 nnnhlp him to determine whether the proposed use meets
6
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YAN LAKE
Planning Commission Information Sheet
Application No. 80036
Applicant: Federal Lumber
Location: 4810 North Lilac Drive
Request: Variance
The applicant requests a variance from Section 34-130:11 of the Sign Ordinance in
order to maintain an off-site directional sign for a period not to exceed 90 days.
They have erected an off-site directional sign in the highway right-of-way
easterly of Highway 100 at its intersection with France Avenue North. The sign
has been ordered down, but the order is not being pursued pending disposition of
this application. This application is submitted as a companion to Application No.
80035 and the analysis contained in that report will not be repeated here.
The applicant has submitted two letters (attached) requesting the temporary
variance. These letters point out that Federal Lumber has lost 100% of its
building visibility, along with a' iarge elevated sign, as a result of the fire.
The second letter notes that Cook Paint has given its permission to erect a
directional sign to Federal Lumber on its property.
As a point of information, it should be noted that Federal Lumber, unlike President
Homes, has not changed locations, but is operating out of trailers serving as
temporary offices on their site.
We will not reiterate here the evaluation of the Sign Ordinance Standards for a
Variance discussed in the information sheet for Application No. 80035. The
Commission is simply urged to evaluate carefully the needs for visual communication
which have or have not been causedbby the fire of August 16, 1980
If a variance is to be recommended, it should be done so on the basis of the fire,
or disaster, as being a unique situation causing an undue hardship and only on a
temporary, but specified period of time.
A public hearing has been scheduled and notices have been sent.
•
9-25-80
UPPER MIDWEST'S DOMINANT LUMBER CO.
(ICJ
BRANCH YARDS
,CARLOAD Federal-Southtown
DISTRIBUTORS 8436 Pillsbury Ave.S.
of the Finest Nationally Mpls.,MN 55420
Advertised Building H,
Materials for Homes Ft- EDEEI E` ` Federal-St.Paul
and Industry 1 ( 1 1 11 1 1 1 11 I l t 1 1 1 1 l 1 1 1 1 Jul l l l l l l i 1 1 1 11 l� 2741 Geneva Ave.N.
St.Paul,MN 55119
''ti°I�JUIJ ?t1;31 '# tt�K3fll�IsIct+iCstC'7 • M1L1i�V3RK GARAGE t3CSt)R5
MAIN OFFICE BUILDING AND YARDS—4810 NORTH LILAC DRIVE, MINNEAPOLIS, MINNESOTA 55429 — Phone 533-4691
September 8, 1980
Mr. Ron Warren
Director of Planning
and Inspection
6301 Shingle Creek Parkway
Brooklyn Center, Mn. 55430
Ron:
In the midst of many, many problems, it seems we have another one.
Briefly, after our recent fire disaster, we placed two small
directional signs at the intersection of France and 48th Street.
No advertising, no phone numbers, just our name and directional
arrows.
We are now advised that we are in violation of an existing ordinance
and have now taken down these signs.
We would like to request a variance on a temporary basis, 90 days
maximum, keeping signs within the 16 square feet. limit.
May we have your consideration of the fact that we've lost
100% of our building visibility along with an elevated, written
sign previously on top of our largest building.
We are trying to stay in business and maintain a payroll under
tremendous difficulty and would sincerely appreciate this
temporary consideration.
Sincerely,
FEDERAL LUMBER COMPANY
,a. xaz��� -
Sam H. Rosenbaum
President
SHR:cc
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UPPER MIDWEST'S DOMINANT LUMBER CO.
BRANCH YARDS
CARLOAD
DISTRIBUTORS Federal-Southtown
8436 Pillsbury Ave.S.
of the Finest Nationally Mpls.,MN 55420
Advertised Building
Materials for Homes K B Federal-St. Paul
and Industry I j �� I tj 1 1 1 1 1 1 1 1 j 1 �� 2741 Geneva Ave.N.
St.
y ti*lSULAYiC3N * tfJO fNC ! I ENCIN'G Paul. N 55119
NIL1VO K DOQR GB
`
MAIN OFFICE BUILDING AND YARDS— 4810 NORTH LILAC DRIVE, MINNEAPOLIS, MINNESOTA 55429 — Phone 533-4691
September 9, 19 80
Mr. Ron Warren
Director of Planning
and Inspection
6301 Shingle Creek Parkway
Brooklyn Center, Mn 55430
Ron:
We refer to Section 34-180 and while we feel that our
letter to Ron Warren of September- 8, 1980 covers most
of the three basis for variance, we would like to add
that we have obtained permission from Cook Paint Company
to place a directional sign on their property.
We are unable to construe a circumstance where the place-
ment of these temporary signs would be detrimental to
the public welfare or injurious to property or
improvements in the neighborhood.
Sincerely,
FEDERAL LUMBER COMPANY
Sam H. Rosenbaum
President
SHR:cc
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•
Planning Commission Information Sheet
Application No. 80037
Applicant: Zulfikar Walji
Location: 4918 - 63rd Avenue North
• Request: Home Occupation Special Use Permit
The applicant requests approval of a special use permit to conduct a photography
studio in the basement family room of his home at 4918 - 63rd Avenue North. The
property is zoned R1 and is surrounded by single-family homes.
The applicant has submitted a letter (attached) in which he describes the proposed
photography studio. Services will include portrait- work, family groups, weddings , etc.
Hours of operation are proposed from 12:00 noon to 8:00 p.m. , Tuesday through
Saturday. Relative to traffic concerns, Mr. Walji notes the level of traffic on
63rd Avenue North and points out that his photography studio would not add
noticeably to that existing traffic.
The Building Official inspected the premises on September 17, 1980. A copy of
his report is attached for the Commission's review. It is noted that there is
95' to 100' of driveway space on the premises. At 20' per car, this would allow
for four, or possibly five cars to be parked off-street. The applicant owns two
cars and, therefore, two to three spaces would be available for customer parking.
These would be in tandem, however, creating some difficulty for patrons. The - .
Commission and the City Council have generally required that all parking associated
with a home occupation be off-street. In lieu of the amount of traffic on 63rd
North (8250 AOT) , it is certainly recommended that all parking be off-
street.
The Building Official also recommends that the following safety measures be
taken:
1. An exit sign be posted indicating the egress from the studio
to the outside via the stairway.
2. A smoke detector be installed in the stairway leading to and
from the basement.
3. That the laundry room be closed off from the studio.
4. That a fire extinguisher be placed in the vicinity of the studio.
5. The Building Official also reported that a basement room is
being used for a si.eeping room without the means of proper egress.
It is recommended that, as part of the special use permit, this
matter be corrected.
This application is similar in many respects to the case of Marjorie Van S1yke
who received a special use permit to conduct a photography studio in her home at
4925 Brooklyn Boulevard.
A public hearing has been scheduled and notices have been sent.
Staff can find no basis for denying the special use permit if the recommended
revisions be accomplished. Approval is, therefore, recommended subject to at
• least the following conditions:
9-25-80 -1-
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Application No. 80037 continued
1 . The special use permit is issued to the applicant as operator
• of the facility and is nontransferable.
2. The permit is subject to all applicable codes, ordinances
and regulations and violation, thereof, shall be grounds
for revocation.
3. The hours of operation shall be 12:00 p.m. to 8:00 p.m.,
Tuesday through Saturday.
4. The operation of the special use shall be on appointment
only basis and not require more than two parking spaces
at one time.
5. All parking associated with the home occupation shall be
off-street on space provided by the applicant.
6. The stairway leading to the basement area shall be kept
free of all obstructions- to provide safe public access
and egress and contain a smoke detector.
7. The applicant shall provide a wall mounted chemical-type
fire extinguisher as approved by the Fire Chief in the
immediate area of the studio.
8. The laundry room shall be separated from the photography
studio by a partition approved by the Building Official .
9. The basement area being utilized for sleeping purposes O.".
be modified to provide the proper means of egress.
10. Approval of the Special Use Permit is exclusive of any
signery which is subject to the requirements of Chapter
34 regarding home occupations. A permit for the sign must
be obtained from the Building Official prior to erection
of the sign.
s
9-25-80 -2-
_ 4918 63rd Avenue North
Brooklyn Centre 55429
September 12th, 1980
City of Brooklyn Ctr.
6304-Shingle Creek Pkwy
Brooklyn Ctr. 55429
Dear Sirs;
I am requesting a special use permit for a portrait photography
studio in my home. Last year I completed a 15 month Commercial photogr-
aphy program at the Hennepin Technical Center, North Campus. For the
last 6 to 9 months I have worked for Daytons & Donaldson as a Freelence
Photographer. Basically I will be doing portrait work, family groups,
some outdoor portraits ( when wheather permits ) and on location work,
such as Weddings and advertizing brochures. My business hours will be
12.00pm to 8.00pm Tuesday thru Saturday. 'Since I live on 63rd Ave, I
do not feel that I would generate much more traffic than is already
here . I do have le off street
� parking for my customers. The
portrait studio will be in the Basement family room, as not to int-
erfere with personal family living. I am also anticipating putting
a 16x20 ( PHO'T'OGRAPHY BY ZULFIKAR !QIJI) sign up as soon as the special
use permit has been issued. I am,enclosing a check for 25.00 for sub-
mitting this application. I would appreciate your immediate attention
in this matter. If you have any questions please feel free to call.
Thank you!
Zulfikar K. Walji
4918 63rd Ave No. d
Brooklyn Centre Minn 55429
533-2629
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PLANNING AND INSPECTION DEPT. — CITY OF BROOKLYN CENTER N°_ 66756
INSPECTION REQU T RECORD
Address: U�� ,(% 1 Date:.
lRequest���QQ��y� _ l Time:
❑ Owner ❑ Contractor ❑ Other Taken By:,L.,— -
-- - - DESCRIPTION OF REQUr ETT AND INSPECTIONi ' NgT�,ES:
❑. Housing :6, c?.{� • 1,�:f1=E'.•(�L�P
Buildm9 ❑Footing ❑ Environment �`�t� �'s� r
Plumbing ❑Framing at'er Meter -0.
❑ Electrical ❑Rough- In ❑Water Line
❑ Mechanical V-Routine ❑Sanitary Sewer Other
❑ Sin — ❑Correction ❑Storm Sewer
FINAL
Residential ❑ Commercial ❑ industrial Public Permit No.
Inspector's Remarks:
F +
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Date/Time Completed q112Z Inspector_
P/I Form No. 17
V.
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Section 35-220. SPECIAL USE PERMITS
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.
'Section 35-900 (continued)
Floor/area ratio - The numerical .value obtained through dividing the gross
floor area of a building or buildings by the total area of the lot or parcel of
land on which such building is located.
Garage, private - An accesso ry buildin ' or an accessory '
� ry portion of the
welling building intended for or used to store private passenger vehicles of the
families resident upon the premises and in which no business, service or industry
connected directly or indirectly with automotive vehicles may be carried on.
Garage - school bus - A building, or portion of a building, used for .the
storage of school buses (defined in M.S.A. Section 169.01, Subdivision 6) , or
where any such vehicles are kept for remuneration or hire, excluding major
repair of such vehicles.
Green Strip - An area containing only vegetation such as grass, trees, flowers,
hedges, and other related landscaping materials, and maintained expressly for such.
purpose.
Home Occupation - Any gainful occupation or profession, engaged in by the
occupant of a dwelling unit within said dwelling, which is clearly incidental and
secondary to th6 residential use of the premises, provided, such activity does not
produce light glare, noise, odor or vibration perceptible beyond the boundaries of
the premises; does not involve the use of accessory structures; and further provided
- - that said activity does not involve any of the following:- repair, service or man-
ufacturing which requires equipment other than that customarily found in a home;
over-the-counter sale of merchandise produced off the premises; or the employment
of persons on the premises, other than those customarily residing on the premises.
Examples include: dressmaking; secretarial services; professional offices; answer-
ing service; individual music or art instruction; individual hobby craft; child day
care (defined as the care of not more than five (5)_ nonresident children and provided
the facility and operation are properly licensed by the County, and provided a record
of $aid license is on file with the City) ; and the like.
Home Occupation, Special - Any gainful occupation or profession, approved
by special use permission, engaged in by the occupant of a dwelling unit within
said dwelling or involving not more than one accessory use permitted by Section
35-310 or Section 35-311, and which involves any of the following: stock-in-trade
Incidental to the performance of the service; repair, service, or manufacturing
which requires equipment other than that customarily found in a home; the employment
-an the premises, at any one time, of not more than one person who is a nonresident
of the premises; the teaching of more than one (1) but not more than four (4) non-
resident students at any given time; or the need for not more than two (2) parking
spaces in addition to spaces required for the persons residing on the premises; and
provided the activity: is clearly incidental and secondary to the residential use
of the premises, including the dwelling, and permitted accessory buildings or in-
stallations thereon; does not produce light _glare, noise, odor or vibration perceptible
beyond the boundaries of the premises; does not consist of over-the-counter sales of
merchandise produced off the premises. Examples include: barber and beauty services,
shoe repair, photography studio, group lessons, saw sharpening, motor-driven appliance
and small engine repair, and the like.
Hotel - A building which provides a common entrance, lobby, and stairways,
Oand in which lodging is *commonly offered with or without meals for P eriods of less
than a week.
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