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HomeMy WebLinkAbout1979 01-25 PCP PLANNING COMMISSION AGENDA STUDY MEETING JANUARY 25, 1979 1 . Call to Order: 8:00 p.m. 2. Roll Call 3. Approval of Minutes: January 11 , 1979 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 on these matters. 5. Discussion Items: a) Expansion of Nonconforming Multi-residential Uses in the Southeast Area. b) Requirements for Special Home Occupations c) Ordinance for Greenstrip Requirements along Major Thoroughfares 5. Other R��c;npcc 7. Adjournment AGENDA COMMENTS 5 a) - Expansion of Nonconforming Multi-residential Uses in the Southeast Area I have received an inquiry from' Kathy Lura, 5500 Bryant Avenue North, regarding the possibility of permitting the construction of a garage for a nonconforming_ .four plex in the R1 zone in the southeast area of the City. She informed me that had made a similar inquiry in 1977 and was told that the matter would be looked into further. The question was apparently discussed informally by the Planning Commission, but no record exists as to any recommendation regarding this hatter. The Zoning Ordinance does not permit the expansion or enlargement of non- conforming uses and, therefore, she has been informed that the garage construct- ion cannot be permitted. A copy of Section 35-111 dealing with nonconforming uses is attached for your review. She has requested that this matter be further reviewed. The Comprehensive Plan in making plan recommendations for the southeast area states: "permit up to one and half story apartment buildings at no more than 12 units per acre within the older portion of the neighborhood, but only at the intersections of collector or arterial streets. This pattern of develop- - ment has already started in the older part. By restricting such development to specific corners, the neighborhood's single family character will be preserved, and some of the demand for rental family living within neighborhoods will be met." We will be prepared to discuss this matter in more detail and to review research we have under-Ldken reyardiny similar situations aria are seeking input and direction from the Commission on how to proceed with this matter. 5 b) - Requirements for Special Home Occupations During both the Planning Commission and City Council review of Application No. 78066 submitted by Cynthia Pierce for an amendment to a special use permit for a home occupation (beauty shop), there were a number of concerns raised regarding the City's definition and requirements for special home occupations. Specifically, the Council gave the staff direction to research special home occupations as they relate to the following: 1 . Should the special use permit for home occupations be limited to the homeowner, or should employees be allowed. 2. If employees are allowed, should the employee remain in a supportive role, or should the employee be allowed to become a principal . The City Council also requested a review of the definition for home occupations to see if there is a need for substantive change in the ordinance as it relates to home occupations, and/or is there a need for a clarification of the present ordinance. A copy of the ordinance definition (found in Section 35-900) for "Home Occupation" and "Home Occupation, Special " is attached for your review. Agenda Comments Page 2 We are attempting to develop information regarding the above .mentioned concerns, iand also a listing of special home occupation permits through the past few years and the actions taken. We are also seeking Commission input regarding other possible concerns or directions in approaching the review of this matter. 5 c) - Ordinance Greenstrip Requirements -Along Major Thoroughfares_ Sometime ago, the City Council had given direction to review the Ordinance Greenstrip Requirements Along Major Thoroughfares. To my knowledge this matter has not been addressed. The basic concern, as I see it, is in the ordinance requirement for a 35 ft. greenstrip in Cl and CIA Zoning Districts along major thoroughfares, while 15 ft. greenstrips are permitted in C2 and Multi-Residential Zoning Districts along major thoroughfares. We will be prepared to review and discuss this matter in greater detail at Thursday evening's meeting. Section 35-111 . NON-CONFORN[ING USES • Unless specifically provided otherwise herein, the law;ul use of any• land or building existing at the time of adoption of this ordinance m y be continued even if such use does not conform to the regulations of this ordinance, provided: 1. No such non-conforming use of"land shall be enlarged or ircrecsed or occupy a greater area of land t'aan that occupied by such use at the time of the adoption of this ordinance. 2. Such non-conforming use shall not 'be moved to any other pert of the parcel of land upon which the same was conducted at the time. of the adoption of this ordinance. 3. A non-conforming use of a building existing at the time of the adoption of this ordinance may be extended throughout the building provided no structural altera- tions except those required by ordinance, law, or other regulation are made therein. Excepted from the structural alteration limitation are sirglo family dwellings, located In residential districts other than R1 or R2, provided any structural alterations or additions shall conform with the requirements of the R1 district. 4. If a non-conforming 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. S. Any non-conforming use shall not he ccrtahuod following 60/0 destruction of the building in which it was conducted by file, wind, earthquake, or explosion, according to the estimate of the Building Inspector, approved by the City Council. 6. Upon the effective date of this ordinance, whero there is a non-conforming use of lard on a parcel with no structure or where there is a non-conforming use of land (such as storage of equipment and supplies) , on which there Is a conforming structure, such use shall be terminated within two ye-a.rs following the effective date of this ordinance. Section 35-200. COMPRIMENSWE PLANIJING 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 66-295 a Comprehensive Guide Plan for the City of Brooklyn Center, and designates an advisory planning agency by Section 35-201.to aid in such planning. 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 Stri - 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: 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- aries 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 lesions, saw sharpening, motor-driven appliance and small 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.