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HomeMy WebLinkAbout1973 Home Occpuation Special Meetings lviElv.O Special Study Meeting Schedule/August TO: Planning Commissioners; Neighborhood Advisory Group Chairmen FROk,l): Blair Tr ernere August 10, 1973 in ladditivn tac the regularly scheduled study meeting on August 16, the following da"'Ies are tentatively set for special study sessioxis: A. Tuesday, August 28, 7:30 p,,m. B,, Thursday, August 30, 8:00 p.m. Sc-s,s,on "A" xvill be the second meeting of the Home Occupation Ad Hoc Committee (Ci,,Ammissioners Jensen, Gross, Foreman; Committee Chairmen Beers, Sidle, G(Eerman, Hannay,, Lindh, and Olson). The meeting will be in the Library-Con- S� ,�crence room at City Hall. 11,e -mahn task of the committee will be the development of a final report and .7c;cots-rt.--i-,1.ndation to the Planning Commission. • (NOTE: Neighborhood Committee Chairmen who can't attend should 4-end another member of their group? I. S e S s ic n"B" will be a special. study session of the full Commission. The items of bisiness will be 1) consideration of the Ad Hoc Committee report on Home Occtpatlon* 2) development of a position statement for the Council; 3) a dis- cussion on the Multi residential housing study. Please call this office (561-5440) if you cannot attend. • Page D r a f t, 3 August, 1973 Enclo,,,ed are z0 view relative to Home occupations J-,-,o?aja Occu pat ions, prepared for the P*Iaonting Coll"Mission. Tf-,e Draft 2�, as sub-mitted by the Ad -qoc oil 30, 1 973 al: a G 4 pecial meeting. (draj!t ) re:Flects thia, lan mss. Fge changes ordered t ,j y the III C.C111.2i.54ered JI-or approval at ,-h-- t e, j':F j Ad.op-'C of a repre2ent the establishment of t'xle- pas,- Y-ion, on t-he matter, -zoffiich is to be nr-'i witha -the- Courici.�, -The OP, iSsUailce of Special :ffo-mta occupations expired August 3J., 3.9,173. Trelaere Planning Connnission Secretary Page 2 D r a If 2 August, 1973 CONCERNS NaM AT PUBLIC HEA R.(Mry AND DY AD HOC COMMITTED, COntrOl Over traffic, noise, lights, signr. 2. Parking p=vjaions. 3� Use of accessory buildings. 4. No "retail saleso -- specifically merchandise not produced C. on site. 5� Limit on number of children scare) and studi�nts. 6. Applicability to various districts -- includi, apart.-ments? Current ordinance providess Home Occupations S ecial Lame occupations Rl • R2 R2 R3 7. Provision for "garage" or llruntmage,, sales 'vs® home Occupations and "retail sales­) . 8. Enforcement factors ass neighborhood opinion (vs. complaints) ; "character of neighborh(:*d11j nuijance. 94 Provision for activities ass truck farming--tnale of producer flower and plant growing and sales (in season only--vs. commercial nursery) ,- mvyjiaming,, golt*, tennis lessons; watch and Jewelry repair. 10. Need limitation on number of outside employees? • • page 3 Dr a f't. 3 Augusit-, 1973 The 2olloi...;Lng defini!�-Iion would replace the current definition in Section 35-900 :;see page 05) and be recognized as a Permitted U e in -Lhe R1, R2, R3 Districts. EGMM. OCC URAIPT OR Any gainful Occu-pat-ion or profession, engaged in by the OcclAPalit of a Chlelllng lartit within said dwelling, 1'rhich is cleanly in-aidental and secondary to the residential use of -he Y % 2reMiseso P-Ovi6eO such activity does not produce light • glare, no-ise, odor or vibration Perceptible beyond the boundaries of the premises.- doeS not involve the use of accessory structures; and fnirthe.-c Provided that said activity does not involve any of the f0110-4ing: repair, service or manufacturing which requires e ,i_ipment other than that cap stomarilv found in a home or which one Person is unable to carry over-the-counter ; sale of mevchandise pxodmced off the pre,-xiises el e or the plo, nt m ime of persons on the other han t7 hose cast maaarily residing secref'%rift( Service 0" the e)rezmises. 2-Namiples, iaclude: dressmaking, 141h1i"OWIL, A PrOfessional 09fices, answering service, individual rausic or individival hobby craft and the like, ✓ t� �xr�� PLUS ? Page 4 Draft 3 August, 1973 The folla,Ying definition would replace the current definition ill Sec-'Coon 35-900 6);see page and be recognized as a Special Tise %. a in the RI and R2 Districts. Any gainful Occupation or profession approved by special use perimission engaged in by the occupant of a dwelling unit within said dwelling, which involves any of the followings 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 so roo4ish "One pawsan i- wna"e 60 wevvie, the e-raployinent on the premises at any one time, of not more than one Person. iiho is a non...resident of the premises; the care or teaching of not more than four eA-) children or students at any given time; not or the need for A-71ore than t-vio (2) parking spaces in addition to Vol"* spaces required for the person residing on the premises t,*,iprovided the activity: is clearly incidental and secondary to the. residential use of the premises; does not produce light-glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not involve the use of. accessory structures; does not involve over-the-caunter sale of rinterchandise produced off the premises Examples include: ba-eber and beauty services, shoe repair serV ice, _61lotography studio, day nursery, group lessons, says sharpening, niot-or-driven appliance and sa,.all engine repair, and the lilke. page 5 Dr.aft 3 August, 1973 The follmiing deZi nit ion -v7ould be added to Section 35-900 and wouI6 be recognized as a pernitted use by adding it to Sections 35-310 (RI) , 35• 311 ?4R2) , and 35-312 �R3) . SALE ,phe infre—nient -*-empox-ary display and sale, by an occupant on his premioes, of p.-Capc-rty, .1-n-cluding general household xqirimaiage, uired clothing and appliances, provided: the • el--change or sale of ;te.x-chandise is coriducik--ed within the residence or accessory stzuetitre; the duration of the sale does;ga� ceed ( +I%& ou%vv�6er .f sates, does nst P-tceeA FLC year;) ✓ three '3) the premises, an, A V signex 7 shall be on f;-hl all confo.-nn t i s 'I"'he silo-n ordimance provisions for hom- e Ocr-%I-vations and s1ha-11. be :,cernoved at the termination of saM sale; and the coiadnct. of e sale does not encroach upon the peace, healithr sa,'Zety, 0--.- lf-care of the citizens of Broexlyn Center. • Page 6 Draft 2 August, 1.973 The E011mving are the current ordinance definitions in Section 35-900 of the City Ordinances. ROME OCCUPATION Any gainful occupation or profession carried on within a dwelling unit by the occupant, and not involving any accessory buildings, stock in trade, manufacturiAg business, repair work, equipment not customarily found in a home or light enough to be carried® or employment of persons not customarily residing on the premises in the performance of such services (for exampleg dressmaking, professional offices, individual music • instruction. and the like) . ROM OCCUPATION4_ SPECM A home occupation, approved by special use permission, which involves incidental stock in trade in the performance of the service, or involves equipment not customarily found in a home, nor light weight enough to be carried® it may involve the employment of not more than one person who is a non-resident cif the premises (for examples barbershop, beauty parlorr, shoe repair service, photography studio, day nursery and the like) . Page 1 Draft 2 August, 1973 Enclosed are review materials f-=- the Planning Commission Ad Hoc Comirtittee on hove occupations ulhich were prepared for the group's second meeting on Tuesday, 9 1. ,r Au ust 28. Vie coTmuittee consists of& Commissioners Jensen, Foreman and Gross; meighborhood Advisory Group Chairmen Beers, Sidlop Genet an, Hannay, Lindh and Olson. The group met, in the Ubrary-Conference Room at City Hall at 7030 P.M. Present were.- Jensen, Foreman, Grosse HannayJ Louis Sullivan, and Jim Carlson. Language changes from the first draft are underlined. On Auguat 30, '41.973 the full Planning Commission will meet to consider the Committee's recowtiandation and to develop a • position 'statement for Council Consideration. This meeting will be at 800 P.M. in the Council Chambers. Please notify this office (561-5440) if you cannot attend. Blair Tremere Planning Commission Secretary Page 2 Draft 2 • Augu s t,, 1973 CONCERM NOTM AT SUB"[31C kIrV3,R*.0_r,-'G AND HIE' AD HOC COMUTTEE 1. Control over traffic, noise, lightso signs. 2. Parking provisions. 3. Use of accessory buildings. 4. No "retail sales" -- specifically merchandise not produced on site. 5, Limit on number of children Ocare) and students. 6. Applicability to various districts -- inclu&, aparte-tents? Current ordinance provides.- Rome occupations S ecial Howie OqV.,,j,:kations Rl RI • R2 R2 R3 7. Provision for "garage" or "rummage" sales I�vsn home occupations and "retail sales") . 8. Enforcement factors ass neighborhood opinion (vs. complaints) ; "character of neighborhood"g nui,,,ance. 9. Provision for activities ass truck farming---:.ale of produce; flower and plant growing and sales (in season only--vs, commercial nursery) - swimming, golf, tennis Sp lessonsy watch and Jewelry repair. 10. Need limitation on number of outside employers? • Page 3 Draft 2 • August, 1973 The following definition would repIz-n-ce the current definition in Sec. 35-900 see page 6) and be recognized as a Permitted Use in the Rlv R2, R3 Districts. ROME OCCUPATION Any gainful occupation or profession, engaged in by the occupant of a dwelling unit within his-residence said &ielling, which is clearly incidental and secondary to the residential use of the premises, provided such activity does not produce light 21are, 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 followings repair, service or manufacturing which requires equipment other than that customarily found in a home or which one person is unable to carry,- stock-in-trade or over- the-counter sale of merchandise produced off the premises; or the employment of persons on-the .'fir ...e. other than those customarily residing on the premises. Examples includes dressmakinge millinery, professional offices, anzwering service, individual music or art instruction. individual hobby exaft and the like. Page 4 Draft 2 • August, 1973 The following definition would rc-place the current definition in Sec. 35-90o l"see page 6) and be recognized � as a Special Use in the RIv R2 Districts. HOME OCCUPATIONS SPECIAL A home OcOuPat10n as defined in Section 322900L approved by sPecial use pe=ission, which involves any of the follol-4ings stock-in-trade incidental to the pergormance of the service; repair, service, or manufacturing rWhilcnh requires equipment other than that customarily found in a done or which one person is unable to carry; the employment on the premises at Apy one • time - who is a non-resident of the ®f not more than one person premises; the care or teaching o-Z'& not more than gour (4) children or students at any given time; or the need for triore than two (2) parking spaces in addition to spaces re=ired for the persons residing on the premises. Examples include.- barber and beauty services, shoe repair service, photography studio, day nursery, group lessons® saw sharpening motor-driven appliance and small engine repair, and the like. • page 5 Draft 2 August, 1973 The following definition would be added to Section 35-900 and would be recognized as a permitted use by adding it to Sections 35-310 (R-1) , 35-311 (R-2) ,, and 35-312 �R-3) . RUMMAGE SMILE The infrecraent temporary display and sale, by an occupant on his premises, of personal property& including general household rummage, used clothing and appliances, provided: the exchange or sale of merchandise is conducted within the residence or accessory structure; the duration of the sale does not exceed three (3) consecutive days; any signery shall be on the premises, • &PA shall conform with the sign ordinance provisions for home occupations and shall be removed at the termination of said salej and the conduct of the sale does not encroach upoA the peace, health, safety. or welfare' of the citizens of Brooklyn Center. page 6 Draft 2 August, 1973 The following are the Ordinance definitions in Section 35-900 of the city ordinances. ROME, OCCUMATION Any gainful occupation or profession carried on within a dwelling unit by the occupant, and not involving any accessory buildings, stock in trade, manufactux-ing busitzess, repair work, equipment not customarily found in a home or light enough to be carried, or employment of persons not azstomarily residing on the prentises in the performance of such services (tor example8 dressmaking, professional offices, individual music instruction,, and the like� , HOME OCCUPATION, SPECIAL A home occupation, approved by- special use permission, which involves incidental stock in trade in the performance of the service, or involves equipment not customarily found in a home,, nor light weight enough to be carried. I� may involve the employment of not more than one person who is a non-resident tsf the premises tfor examples barbershop, beauty parlor, shoe repair ser ►icee photography studio, day nursery and the like) . • • page I Draft I hugust, 1973 Enclosed are review materials for the Planning Commission Ad Hoc Camaittee on home occupations which were prepared for the group's second meeting on Tuesday, August 23. The Committee consists oft Commissioners Jensen, Foreman and Grossi heighborhood Advisory Group Chairmen Beers, Sidlo, Gellerman, Hannay, Undh and Olson. The meeting will he in the Library-Conference Room at City Hall at 7:30 p.m. On August 30, 190 the full Planning commission will meet to consider the Committee 's recoimmendation and to develop a • position statement for council consideration. This meeting will be at 8:00 p m. in the Council Chambers. Pleaoe notify this office (561-5440"11 if you cypnot attend; Meighborhood Chairmen shoald contact a Group member to attend in their place. Blair Tremero Planning mmmission Secretary Page 2 Draft I August, 1973 CONCERNS NOTED AT MEWC MEWIM -1,iD BY AD TH.0C Control over traffic, noise, lighu, signs. 2. Parking provisions. 3. use of acocanory builaings. mo oaleo" -- opswifically menchandise not produced on site. 5. Limit on numbar W children (care) and students. 6. Applicahility to various districts -- include apartments? Current or&Wance provides : Special Home Occupationg R 3. R-I R" R2 R3 7. Provision 000 nyarags" or IYUMMQge" sales (vs. hane occupstions and retail SACS" ) . S. Enforesmant factors as : neighborhood opinion (vs. complaints) ; lchnzncLer M neighborhood"; nuisance . 9. Provision for activities as: track farming--sale xc- praducey flower and plant growing and sales (in season only--vs. commercial nursery) ; sse;J'xiinzing, golf, t-nrulis • labsons; watch and jewelry repair. 10. Need limitation on Dumbor of outside employees? page 3 Drat t 1 August, 1973 'II h e 1.-lowing ion veould replace the c'urrent definition in Sec. 35-•900 (see page 6) and be -recognized as P_ pmrIIIitt_G;d -U*'*f'3-_ Jun itho RI, �12, R3 Districts. 7­:,nv g'-­."U­1s-LI.I_ OccupatLon or engaged Jln - by the. J_ J. a ij�.-'qelling ',._Umit cvithin his rosIdence., L"Thich j.s L ,.-ia­�ondlary -ito the residential use of • the rP-_ro­-.e.U_Ied r-.4.,uich activity does not produce light, t 4 C),Fj ce,,, bayand the bounda.ries of tlhe px.filllises; J. !al olve the use of accessory and activ.-D'-Y dioe,­ not J_nvolve_ any of ehe or MLEIrlufactucinn iiara.,_ch L'oan at customar.ily -Found a home or whicb, One -'f"Irson IS una,*ble I;o carry*,- stock-in-trade or overiLz- Salo -oI: produced rz�jff the px'emises; or al'-,he.t7 than tlho-s6 custorliarily residing CIA -t-O.e millin service, individual music wr Page Draf t 1 August. 1973 The following definition muld mplace the Curve& M&Won in Son. 25-500 (2on page 6) and be recognimmI ,L a Special Use in the R!, R2 Districto. A Ams approved by special use Pemission. Which WinivH& any at Wn hollowing: incidental to th(:� of 2by 5n�vivwv napair, service, on manufactuyim.D,' W&M nequirm conlyawnt othar than that castomarily found in ai hano 60 which ar�; prLan in unable to verry; tha . amploymmt A not not, than one rnmon who A 0 non-resident ol the premism; the avoa on Kwacklay W not Tore than ' lour (4) ,_hi r,. . ., or vWdonts at any y1von tivo ; or too nood for moro thnn two (2) parking q=qb 0 , 0100an VD OPOVAZ unqUAW for We persons res"dowl mn hOn y�Wnn2. mysmalay Znwindo : bather and beauty cervices, sh'aa VVYUH studiaY . 6ay nurmry, qrsap lassons, 4nN shorp3ning appliance and small mngVs rapDir. W Ohn AM . • page D r a f AtIgList, 19i3 The :F-0110"w'Ing I t ion kp4mild be added to Section 35-900 and wvuOd use by adding it- to Sec';;.J.Ofis 35-31.0 (.*,,",,-1) 35-33131. (-R-2) and 35-312 G" SRIKIE I—e porary d�lsplay and sale, T Oq 'nis' pe,"so[ al P.-,:Operty, inciuding er. use 03.0thing all applicances, Provided: the sale, of- is u-ii-ti- In the xes—donce. aC'C:essO.x"'v i2'ie d,Uxat.Lon oZ the sale dor--3 of ex.ceed thron f3) con.'secutive days; any signa.ry shall be on the preyntises and" sOna-L-1 X1:3 ,..h �'-Ae s--Tga ard.i.nance, pZmv.-Lsions for hmme "-0;IU'L!C-t- Oz sa]'e c5oes not enaroa-v-'."a urlon Ox 09 the Citizens • page 6 Draft I August, 1973 The aze the cuzrrent in SeCtiOn 35-900 Ok tile 103ME OCCOPNUOU ARMY- gainf-U.3- Ocr,'upation or Prof-ression carried on within a dwielling unit kT the occupant, and not involving any accessory in tradle, -manufack-Urillig business, repair work, eqm'ipment not found in a 'home or light enough to be carried, o2 eimplo.ymerjt of perf;-oils A-lot mistomarily residing • on the premir;ea in he nerformance og sue _q sem-ices (for e2taa?a: le'- dreasmma""rJ*Lng' pxrofess-'I Onaj- 00fiaes' individual music inst-ruction, aizd the like) . A hMe ot!cupatiaa, approved I:ry s-pecial use Permission, ifivolves inCiden,"Cal stock in ',=ade in the performance of the Service, or involves not Customarily found in a home, nu--' Ii-SVIat weight enough to be carried. 1 t ma y in y -1 vo v I e axytploymaant 00 not more than one :person- who is a non-resident Of the ore-mises (for example-. bmxbershop, beauty parlor, shoe nePair $eZ-Viae, Photography studio, day nursery a.nd the like) . i Page 1 Draft 4 • September, 1973 This is the fourth and final draft of the Planning COMMi.ssion study on Home Occupations and Special Some Occuxiata ons a It reflects deliberations by an Ad Hoc Committee rvihi.ch corsisded of three Commissioners and the Chairman of each Neighborhood ,Advisory Group. This draft reflects numerous amendments and language changeS which were given final approval by the Planning COMMiss i On on September 6, 1973. in addition to revised home Occupation. and Special 110me Occupation definitions, there is a proposed definition for Rummage Sales. The proposed changes, if adopted, could be amendments to the definitional sections of Chapter 34 (Signs) and Chapter 35 (Zoning) . The Council i-orafioriun on issuance of Special Home • Occupation Permits expired August 31, 1973, The Commission has recommended an extension, pending Council disposition. Blair Trermere Director of Planning and inspection Page 2 • Draft 4 S*ptember, 1973 The fG11010ing definition would replace the current definition in Sections 34-110 and 35-900 (see page 6) and be recognized as a Permitted Use in the RI, R2, and R3 Districts. HOME 2qCUr-qg!!aN Any T-Iirkul Occupation or professionp engaged in by the occupant of a dwelling unit witilin said dwelling, which is clearly incidental and secondary to the residential use of the preinises, provided such activity does not pxoduce light glarO, noise, odor or vibration perceptible beyond the boundaries Of tllfa Premisesy does not ins Olve the use of accessory structures; • and fur%the:v7 provided that said actiVity does not involve any of the folloTaing.- rePaiz, Sex-Vice or manufacturing which requires eqpipment anther t.hap- t;ho t r_,ustomacily found in a homer over-the- cOufttex sale Of merchandise produced off the premises; or the If eIRIT)loyment of persons on the premises, other than those customarily residing ort pry ises. Examples includes dressmaking, secretarial services, professional offices, answering service, individ"al ra-Usic Or art &InStr iction, individual hobby craft and the I ike. • Page 3 Draft 4 • September, 1973 The following definition would replace the current definition in Sections 34-110 and 35-900 (see pAge 5) and be recognized as a Special. Use in the Rl and R2 Districts . Any gainful occupation or profession approved by special use permission engagred in by the occupant of a gelling unit within said dwelling, which involves OPY ®f the following: stock- ' in-trade incidental to the performance of the servicer repair, service, or manufacturing which requives equipment other than that customarily found in a home; the employment on the premises at any one tattle, of not more than one person who is a non-resident Of the premises; the care or teaching of more than one but not more than four (4) iron-.resident dhildren or students at any given time; or the weed for not more than two (2) parking spaces in additioh to spaces required for the person residing on the premises; I Provided the activitys is clearly incidental and secondary to I the residential use of the premises; does not produce light glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not involve the use of accessory structures; dues not involve over-the-counter sale of merchandise produced off the premises. . Examples include x barber and beauty services, shoe repair service, photograph; studio, day nursery, group lessons# swe sharpening, motor-driven appliance and small engine repair® aftd the like. page 4 Draft 4 September, 1973 The following def ninon would be added to Sections 34-110 and 35-900 and would be: recognized as a permitted use by adding it to Sections 35-310 (RI) , 35-311 W) , and 35-312 (R3) . WIMCE Salt? The i.nfZequent temporary display and sale® by an occupant on his premises, of pea:sonal property, including general hOusshol.d rI x-finage, used Clothing and appliances, provided: the exchange or sale of merdhandise is conducted within the reside.nc* or accessary stx-ucture; the nlniber of sales does not exceed four (4) per year; the duration of the sale does • not exceed three (3) consecutive days; any s ignexy shall be on the premises, shall conform with the sign ordinance pro- visions ins fog° hrame occupations and shall be removed at the termination of said sale-. and the conduct of the sale doer n®t encroach upon the peace® health® safety, or welfare of the citizens of Brooklyn Center. • Page 5 Draft 4 September, 1973 The following are the current ordinance definitions in Sections 34-110 and 35-900 of the City Ordinances. ROME RGCUPATION Any gainful occupation or profession carried on within a dwelling unit by the occupant, and not involving any accessory buildings, stock--in-tide, manufacturing business, repair work, equipment prat customarily found in a home or light enough to be carried, or employment of persons not customarily residing on the premises in the performance of such services (for exampl,ee dressmaking, professional offices, individual music • instruction, and the like) . B014B OCCUPATXON SPECIAL A home occupation, approved by special use permission, which itavolves incidental stock-in-trade in the performance of the service, or involves egmipment not customarily found in a homed nor light weight enough to be carried. It may involve the employment of not more than one person who is a non-resident of the premises (for example: barbershop, beauty parlor, shoe repair sexxai.ce, photography studio, day nursery and the likes 40