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HomeMy WebLinkAbout2016-084 CCRMember April Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2016 - 84 RESOLUTION REGARDING THE 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 35-3 10, Subd. 2. Special Uses, "Special home occupation as defined in Section 35-900" are allowed in the R-2 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 according to the general standards noted under City Code Section 3 5-406, Additional Requirements for Special Home Occupations, and determined this special home occupation permit met or would meet these standards and requirements as set forth under said City Code; 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. 2016-07, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2016-006 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. 2016-006, is hereby acceptable, and finds the request complies with the general RESOLUTION NO. 2016 -84 goals and objectives of the City's 2030 Comprehensive Plan, and meets the guidelines and 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. B. 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 small silk-screen printing and image printing business from the personal residence, located at 5323 Dupont Avenue North, as comprehended under Planning Commission Application No. 2016-006, is hereby approved subject to the following conditions: 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. RESOLUTION NO. 2016 - 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. 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. June 13, 2016 Date Mayor ATTEST: Jilm City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowski and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, April Graves, Kris Lawrence-Anderson, Lin Nyszkowski, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted.