HomeMy WebLinkAbout2016-07 PCRCommissioner Schonning introduced the following resolution and moved its adoption
PLANNING COMMISSION RESOLUTION NO. 2016-07
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2016-006 SUBMITTED BY
ANTHONY NELSON FOR SPECIAL USE PERMIT APPROVAL OF A
SPECIAL HOME OCCUPATION ALLOWING A SILK-SCREEN PRINTING
AND IMAGE PRINTING OPERATION AS A HOME-BASED BUSINESS IN
THE R-2 TWO FAMILY RESIDENCE DISTRICT (LOCATED AT 5323
DUPONT AVENUE NORTH)
WHEREAS, Planning Commission Application No. 2016-006 submitted by
Anthony "Rick" Nelson (as "Applicant") requesting a Special Use Permit for Special Home
Occupation to operate a small silk-screen printing and image printing business from the personal
residence, located at 5323 Dupont Avenue North ("Subject Property"); and
WHEREAS, the Subject Property is situated in the R-2 Two 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 RI 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. 2016-006; and
WHEREAS, on May 26, 2016, the Planning Commission held a duly noticed and
called public hearing, 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 in
light of all testimony received, the guidelines and standards for evaluating this special use permit
contained in Section 35-220 of the City's Zoning Ordinance, and found the request complies with
the general goals and objectives of the City's 2030 Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Brooklyn Center to recommend to the City Council that Planning Application No. 2016-006
submitted by Anthony "Rick" Nelson may be approved based upon the following considerations:
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.
PC RESOLUTION NO. 2016-07
Page 2 of 3
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 Planning Commission of the City of
Brooklyn Center to recommend to the City Council that Planning Application No. 2016-006 may be
approved, subject to the following conditions and considerations:
1. The special use permit is granted for the exclusive operation of a small-
scale silk-screen and image printing operation by the fee -title homeowner
(Applicant) only.
2. Applicant is allowed to operate the special home based business between
the hours of 9:00 a.m. and no later than 9:00 p.m. each day.
3. No retail sales or displays of merchandise and printed (finished) products
will be allowed on the premises, either inside or outside the garage and
residence.
4. Per City Code- Ch. 34 -Signs, the Applicant may have one freestanding or
wall sign for the home-based business, with the maximum size area not to
exceed 2.5 square feet and the height above ground not to exceed six feet.
5. Applicant is allowed to have up to one (1), non -family member employee
work at the business if necessary, with no children hired to serve the
business until they are of legal working age, per Minnesota State Statute
181A.
6. Any equipment used in this print shop operation shall be used in a safe and
normal manner; and all materials used in the operations of this print shop,
including ink, solvents, rags, screens, etc. are disposed of or stored
properly.
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.
PC RESOLUTION NO. 2016-07
Page 3 of 3
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. An inspection of the premises by the
Building Official is required regarding fire safety and exiting.
9. 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.
10. The special use permit is subject to applicable codes, ordinance and
regulations. Any violation thereof may be grounds for revocation.
May 26, 2016
Date
c �
ATTEST:
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
Koenig
and upon vote being taken thereon, the following voted in favor thereof:
Chair Christensen, Commissioners Sweeney; MacMillan; Morgan; Koenig; and Schonning;
and the following voted against the same None;
whereupon said resolution was declared duly passed and adopted.