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HomeMy WebLinkAbout2015-120 CCR Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2015-120 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-006 SUBMITTED BY JORRI CARTER FOR SPECIAL USE PERMIT APPROVAL OF A SPECIAL HOME OCCUPATION ALLOWING A RECORDING STUDIO INSIDE A RESIDENTIAL DWELLING IN THE R-1 ONE FAMILY RESIDENCE DISTRICT, LOCATED AT 2914 53RD AVENUE NORTH WHEREAS, Planning Commission Application No. 2015-006 submitted by Jorri Carter ("Applicant") requesting a Special Use Permit of a Special Home Occupation allowing a recording studio inside a residential dwelling located at 2914 - 53rd Avenue North ("Subject Property"); and WHEREAS, the Subject Property is situated in the R-1 One Family Residence District, and pursuant to City Code Section 35-310, Subd. 2. Special Uses, "Special home occupation as defined in Section 35-900"are allowed in the R1 District by means of special use permit approved by the City Council, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2015-006; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on July 16, 2015, whereby a planning staff report was presented, and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request according to the general standards noted under City Code Section 35-406, Additional Requirements for Special Home Occupations, and determined this special home occupation permit met or would meet these standards and requirements; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, and found the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan; and meets the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2015-06, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2015-006 may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the recommendation from the Planning Commission regarding the Special Use Permit of a Special Home Occupation as comprehended under Planning Application No. 2015-006, is hereby acceptable, and finds the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan, and meets the guidelines and RESOLUTION NO. 2015-120 standards for evaluating a special use permit as contained in Section 35-220 of the City's Zoning Ordinance,which are noted as follows: A. The establishment, maintenance, or operation of the special use 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. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Special Use Permit of a Special Home Occupation allowing a recording studio inside a residential dwelling, as comprehended under Planning Commission Application No. 2015-006, is hereby approved subject to the following conditions: 1. The special use permit is granted for a recording studio use in the upper one-half level of the home at 2914 - 53rd Avenue North. Said home occupation shall be limited to no more than ten (10) customers or clientele traffic to and from the home, and the involvement of only one (1) non-resident employee in the conduct of the home occupation(studio business). 2. The hours of operation shall be between 9:00 a.m. and 9:00 p.m., Monday through Saturday, and the studio will be limited to 12:00 Noon to 4:00 PM on Sundays. Customers may utilize the recording studio on an appointment only basis and only at a time when the Applicant and/or partner/employee are present. 3. The studio shall be limited to no more than two (2) recording artists at one time, with no live music or instruments allowed. All music or tracks of music must be played through head phones worn by the recording artists and technicians; or played at normal, orderly levels that do not cause any disturbances to neighboring residents or exceed lawful decibel levels prescribed by City Code. RESOLUTION NO. 2015-120 4. The Applicant shall agree to eliminate or mitigate all noise and personally address any complaints from neighboring residents, should they occur as a direct result of these recording studio operations. The windows in the upstairs room studio shall be closed while recording sessions are in progress. Failure to address or mitigate any noise from this studio shall result in the revocation of this special use permit by the City, and a further order from the City to cease and desist any future recording operations from this dwelling. 5. This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 6. The special use permit is subject to applicable codes, ordinance and regulations. Any violation thereof may be grounds for revocation. 7. All parking associated with this home occupation shall be off-street on improved space provided by the Applicant. There shall be no on-street parking associated with this home occupation and all vehicle parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the City Ordinances. 8. The Applicant shall comply with all recommendations of the Building Official with respect to safety related matters regarding the location and operation of this home occupation. 9. The Applicant shall provide appropriate fire extinguishers and other safety materials in the area of the home occupation per the recommendation of the Building Official. h July 27,2015 Date Mayor ATTEST: [4LJ4 11. City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member April Graves and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.