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HomeMy WebLinkAbout1980 02-14 PCP • l • � PLANNING COMMISSION AGENDA REGULAR SESSION February 14, 1980 1 . Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - January 31 , 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 recommendations to the City Council . The City Council makes all final decisions in these matters. 5. Audrey Wellman 80006 Special home occupation permit to operate a beauty shop in the basement of the applicant's residence at 3619 - 53rd Place. 6. Other Business 7. Discussion Item a. Neighborhood Policy Plan 8. Adjournment PLANNING COMMISSION INFORMATION SHEET Application No. 80006 Applicant: Audrey Wellman . Location: 3619 - 53rd Place Request: Home Occupation/Special Use Permit The applicant requests special use permit approval to engage in a one operator home occupation beauty shop in the basement of her residence at 3619 - 53rd Place. Home beauty shops are considered special home occupations under Section 35-900 of the City's Zoning Ordinance. (attached) The applicant has submitted a letter of explanation (typed copy attached) which states that the hours of operation will be: Wednesday 9:00 a.m. to 1 :00 p.m. ; Thursday 4:00 p.m. to 9:00 p.m. ; Friday 9:00 a.m. to 5:00 p.m. ; Saturday 7:30 a.m. to 11 :30 a.m. The applicant's driveway is two cars wide and the applicant expects that cars will seldom, if ever, be parked on the street as a result of the home occupation. The applicant also raises the possibility in her letter that someone might take her place if she went on vacation. The employment on the premises of one nonresident is comprehended under the special home occupation provision of the Zoning Ordinance. However, the applicant has indicated in a subsequent phone conversation that this arrangement will not be pursued. The Building Inspector examined the premises on February 8, 1980 and reports that the exit from the beauty shop area leads directly to the outside without congestion and that the owner will provide a lift pump to carry wastewater from the sink into the sanitary sewer line. He also reports that the driveway is large enough to accommodate at least four cars, perhaps more,depending on their size. .. Although the applicant's letter does not directly address the standards for special use permits (attached) , there seem to be no conflicts presented by this proposed use. There is no indication that the home occupation will have negative impacts on surrounding property or will be more than incidental to the residential use of the premises. No aspect of the proposed operation goes beyond established precedent. Based on this analysis, approval of the application is recommended, subject to the following conditions: 1 . The special use permit is issued to the applicant for a special home occupation and is nontransferable. 2. The hours of operation shall be: from 9:00 a.m. to 1 :00 p.m. Wednesday; from 4:00 p.m. to 9:00 p.m. Thursday; from 9:00 a.m. to 5:00 p.m. Friday; and from 7:30 a.m. to 11 :30 a.m. Saturday. 3. The permit, is subject to all applicable codes, ordinances and regulation , and violation thereof shall be grounds for revocation.s 4. A current copy of the applicant's State operator's license shall be kept on file with the City. 2-14-80 -1- 5. All parking related to the special use shall be off-street on appropriate space provided by the applicant. 6: The applicant will install a lift pump in the basement for the discharge of wastewater into the sanitary sewer system. 7. The special use permit does not comprehend the employment on the premises of any nonresident employee. Authorization for a nonresident employee shall be subject to further review and approval by the Planning Commission and City Council . 2-14-80 -2- Jan. 16, 1980 r Dear Sirs: I 'm planning to put a beauty shop in my basement. I understand I have to have permission for the zoning laws. It maybe wouldn't open til the first of the summer. My hours would be: Wednesday 9:00 a.m. - 1 :00 p.m. ; Thursday 4:00 p.m. - 9 p.m. ; Friday 9:00 a.m. - 5:00 p.m. ; Saturday 7:30 a.m. - 11 :30 a.m. This shop would be only for me, but maybe if we're on vacation, I 'd have someone take my place. We have a large driveway so there wouldn't be cars on the street, maybe once in awhile. My name is Audrey Wellman - Address -3619 - 53rd Place N. Brooklyn Center, MN 55429 Phone - 535-0863. Thank you very much. Audrey Wellman i r i 2. Standards for Special Use Pcrmits 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 public 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 appli- - cable regulations of the district in which it is located.. - 3. Conditions and Restrictions The Planning Commission may recommend • . ,� e d 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 pro- tection of the public interest and to secure compliance with requirements - specified in this ordinance. 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 connection 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. S.P. Revocation and Extension of Special Use Permits When a special use permit has been issued-pursuant to the provisions 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 subject 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 Cis nn 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 accessory building or an accessory portion of the dwelling 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. 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 the residential use of the premises, provided, such activity does not pro- duce 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 manufacturing 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: I'A* dressmaking; secretarial services; professional offices; answering 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 said 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 on 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) nonresident . students 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 residental use of the premises , Including the dwelling, and permitted accessory buildings or installations thereon; does not produce light glare, noise, odor or vibration perceptible beyond the bound - does of the premises; does not consist of over-the-counter sales of merchandise pro- duced off the premises. Examples include: barber and beauty services, shoe repair, photography studio, group lessons, saw sharpening, motor-driven appliance and small r. engine repair, and the like. Hotel - A building which provides a common entrance, lobby, and stairways, and in which lodging is commonly offered with or without meals for periods of less than a week. NORTHPORT SCHOOL- logo I �1111111� -- M ��ILJ IL