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HomeMy WebLinkAbout1988 12-08 PCP Planning Commission Information Sheet Application No. 88023 Applicant: Gary Przymus Location: 7012 Regent Avenue North Request: Special Use Permit The applicant requests special use permit approval to conduct a home upholstering business in the garage of the residence at 7012 Regent Avenue North. The property in question is zoned Rl and is bounded on the west by Regent Avenue North and on the north, east, and south by single-family residences. The home occupation is classified as a special home occupation because it involves the use of the garage. The applicant has submitted information regarding the home occupation with the application. The business is conducted in a 22' x 17' attached tuck-under garage. The hours of operation are generally 8:00 a.m. to 5:00 p.m. He states that they have no need for extra parking spaces on the property because no customers come to the house. He goes to customers' houses to show samples and to pick up furniture for repair. There are no non-resident employees. A fire extinguisher is located in the garage for safety purposes. Equipment includes a sewing machine, air compressor, hand tools, jigsaw, and a drill. None of these tools make noise perceptible beyond the property according to Mr. Przymus. Mr. Przymus stores most of his materials off-site and retrieves them for use as needed. Mr. Przymus uses basically all his garage for the home business. Under the definition of "special home occupation" in the Zoning Ordinance, a special home occupation is "clearly incidental and secondary to the residential use of the Dwelling Unit, the accessory structures, and the Lot upon which it is constructed . . " (see Section 35-900 attached). Section 35-406 subsection 2 stipulates that "No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use under Section 35-310 and Section 35-311 of the Brooklyn Center Zoning Ordinance." The home occupation is the primary use of the garage though it is certainly a secondary use of the premises as a whole. In the past, the City has generally tried to prevent the creation of commercial buildings for home occupations in residential zoning districts. If the Commission recommends approval of the special use permit, it should note that the garage in this case is a tuck-under garage and that the home occupation is an incidental and secondary use of the property. Generally, we feel the proposed home occupation is in order and approval is recommended, subject to at least the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator and is nontransferable. 3. Noise from the operation of the home occupation shall not emanate beyond the property lines of the premises. 4. A fire extinguisher shall be kept in the garage for safety purposes. 5. The home occupation is deemed to be incidental and secondary to the residential use of the premises. It is noted that the home occupation is conducted in a tuck-under garage, not a separate building. 6. When stored on site, materials and furniture accessory to the home occupation shall be stored indoors. No outside storage is 12-8-88 permitted. Planning Commission Information Sheet Application No. 88024 Applicant: Shingle Creek Land Company Location: North of I-694 and West of Humboldt Avenue North Request: Preliminary Plat The applicant requests preliminary plat approval to resubdivide into five lots the land north of I-694 and bordering on Earle Brown Bowl. Dedication of public street right-of-way is also a part of this plat. The land is presently zoned I-1 (there 11 will be a City-initiated rezoning to C-2 covering this land in early 1989) and is 1 bounded on the north by Freeway Boulevard, on the east by Days Inn and Humboldt Avenue North, on the south by I-694 and on the west by Budgetel and partially by Earle Brown Bowl (see area map attached). The name of the proposed plat is Richardson Park Addition. The plat is to be divided into two blocks. Block 1 is to be located immediately south of Freeway Boulevard, west of the proposed Irving Avenue North and east of Earle Brown Bowl. Block 2 is to be located immediately adjacent (north of) the freeway and south of the proposed 64th Avenue North, extending from the existing James Circle on the west to the Humboldt Avenue North bridge on the east. Block 1 is to have two lots, and Block 2 , three lots. The sizes of the lots are as listed below: Block 1 Lot 1 1.07 acres Lot 2 1.12 acres Total 2.19 acres Block 2 Lot 1 1.27 acres Lot 2 2.00 acres Lot 3 4.62 acres Total 7.89 acres The new right-of-way for 64th Avenue North is 1.59 acres. Part of an existing Irving Avenue North right-of-way is to be vacated. It is 80' wide and will be reduced to 60' width (the right-of-way width for 64th will also be 60' ) except toward the intersection with Freeway Boulevard where it will widen to 74' to allow two lanes out and one lane in. The new right-of-way will make the greenstrip for Days Inn on the west and Earle Brown Bowl on the south nonconforming. The greenstrip for Days Inn is 5' in width adjacent to the proposed Irving Avenue right-of-way. The boulevard on the east side of Irving will be extra-wide, with 10' of green, then a 5' wide sidewalk, and then 9' of green adjacent to Irving Avenue North. Earle Brown Bowl has approximately an 8' greenstrip adjacent to the proposed 64th Avenue North. There will be no sidewalk on the north side of 64th. There will be an approximate 16' boulevard in this area; so, the total green space will average about 241 . The applicant has also submitted construction plans for the two streets, including a drainage plan. The drainage plan provides for a ponding area at the northwest corner of Lot 3, Block 2. The pond will provide both water detention for flood control and water purification. The plan proposes 15" diameter storm sewer pipes in both 64th and Irving flowing to an inlet in the pond. The City Engineer feels at this time that these inlet pipes may need to be enlarged to 21" in diameter. The outlet pipe is proposed at 24" in diameter and will flow northward in Irving Avenue 12-8-88 -1- Application No. 88024 continued to a 60" storm sewer line in Freeway Boulevard. An emergency overflow to the freeway right-of-way is also proposed. The drainage plan will have to be approved by the West Mississippi Watershed Management Commission prior to approval of the final plat. The ponding area will have to be protected by an easement, to be filed with the plat. The overflow to the freeway is to be protected by a temporary drainage and utility easement to expire when Lot 3 is developed and storm sewer is provided for the overflow. Also of concern is the amount of sanitary sewer flow from this plat to the sanitary sewer line in Freeway Boulevard. That line is only 10" in diameter and narrows to 8" in diameter between Humboldt and Dupont. Consequently, development of the land in this plat will have to generate a limited amount of sewer flow or will have to provide some on-site holding capacity to live within the constraints of the public sewer system. Altogether the proposed plat appears to be in order and approval is recommended, subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. The drainage plan for the plat shall be reviewed and approved by the West Mississippi Watershed Commission prior to final plat approval. 4. The owner of the property shall execute an easement to protect the ponding area and the overflow swale on Lot 3, Block 2 prior to final plat approval. 5. The owner shall execute, prior to final plat approval, a Subdivision Agreement covering at least the following items: a) Submission of a subdivision bond to insure completion of required improvements within public right-of-way. b) Construction of Irving Avenue North and 64th Avenue North including storm sewer, sanitary sewer, water mains, sidewalk, curb and gutter and street paving. c) A maintenance and inspection agreement for the drainage system. d) A hook-up agreement for the water main. e) Limitation on sanitary sewer flow generated by development within the plat. 12-8-88 -2 I Planning Commission Information Sheet Application No. 88025 Applicant: Bruce Neilson Location: 3801 53rd Avenue North j Request: Special Use Permit a The applicant requests special use permit approval to conduct an entertainment j agency with one non-resident employee in the residence at 3801 53rd Avenue North. The property in question is zoned Rl and is bounded on the north by 53rd Avenue North, ' on the east by France Avenue North, and on the south and west by single-family homes. Home occupations with one non-resident employee are special uses under Section 35- 406 of the Zoning Ordinance (attached) . � The applicant has submitted a letter (attached) describing the home occupation. Mr. Neilson states that his business has been in existence for 19 years, 5 years at its present location (3801 53rd). They provide entertainment of all types to businesses, associations, country clubs, fairs and festivals. They also do j special productions and costuming. Most of the business is done by phone and letter and at clients'offices. They do conduct some rehearsals in their offices. The entertainment agency occupies four rooms, an enclosed porch and 1 112 baths in the basement of the residence. Office hours are 9:00 a.m. to 5:30 p.m. Monday through Friday and occasionally on Saturday. There is a double driveway and a separate single driveway that together can accommodate up to seven vehicles. There is one employee. One stairway leads to a double garage and there are two other entrances into the office area at ground level. This home occupation is in the special use category because of the employment on the premises of one non-resident. Also of concern are the traffic associated with costume rental and rehearsals and the extent of the residence associated with the home occupation. The single employee does not represent much of an impact on the neighborhood. There is more than enough parking for his trips to the site. The rehearsals occur approximately 6 times a year and parking is off-street on the two driveways available. Costume rental is apparently a sideline and does not represent a significant amount of customer traffic. The home occupation involves approximately 1,250 sq. ft. of the lower level (this includes a small kitchen area and bathroom) . Two of the rooms, including a 300 sq. ft. porch, are used primarily for costume storage. There is a large family room that can be used for the occasional rehearsals. The main activity area is two rooms, approximately 12' x12' that are used for offices, one for Mr. Neilson and one for Bill Ewald, the employee. The total area used for the home occupation is somewhat less than 50% of the total floor area of the house. The lower level was used as an apartment for approximately 20 years before Mr. Neilson occupied the property. So it is a fairly autonomous working area with little impact on the residential quarters on the main floor. As some of the Commissioners may recall, the City attempted to prevent the expansion of the Lescault residence on Brooklyn Boulevard for home occupation purposes. That attempt was overruled by the district court and Dr. Lescault now has an enlarged chiropractor's office with an additional chiropractor working out of that space. Such a home occupation certainly involves far more traffic than this home occupation. Although the entertainment agency occupies a very large portion of the home, it still occupies less than 50% and is much more innocuous than a chiropractor's office. We feel, therefore, that the special use permit can be approved. 12-8-88 -1- Application No. 88025 continued Recommended conditions of approval include: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator and is nontransferable. 3. All parking associated with the home occupation shall be off- street on improved space provided by the applicant. 4. Special use permit approval acknowledges employment on the premises of one non-resident employee. 5. Customers shall be served on an appointment-only basis. The applicant shall make no appeals through signery for walk-in traffic from the neighborhood. I I I 12-8-88 -2-