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HomeMy WebLinkAbout2016-098 CCRMember Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2016-98 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-007 SUBMITTED BY ERIC T. DECKER FOR SPECIAL USE PERMIT APPROVAL OF A SPECIAL HOME OCCUPATION ALLOWING A PERSONAL PHYSICAL FITNESS TRAINING BUSINESS AS A HOME-BASED BUSINESS IN THE R-1 ONE FAMILY RESIDENCE DISTRICT (LOCATED AT 4206 WOODBINE LANE NORTH) WHEREAS, Planning Commission Application No. 2016-006 submitted by Eric Thomas Decker (as "Applicant") requesting a Special Use Permit for Special Home Occupation to operate a personal physical fitness training business from the single-family residence, located at 4206 Woodbine Lane North ("Subject Property"); and WHEREAS, the Subject Property is situated in the R-1 One Family Residence District, and pursuant to City Code Section 35-3 10, Subd. 2. Special Uses, "Special home occupation as defined in Section 35-900" are allowed in the R-1 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. 2016-007; and WHEREAS, on June 16, 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 35-406, 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. 2016-08, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2016-007 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. 2016-007, is hereby accepted, and finds the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan, and meets the guidelines and standards for RESOLUTION NO. 2016-.98 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, confoim 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 for Special Home Occupation to operate a personal fitness training business from the single-family residence, located at 4206 Woodbine Lane North, as comprehended under Planning Commission Application No. 2016-007, is hereby approved subject to the following conditions: The special use permit is granted for the exclusive operation of a personal physical fitness training business by the Applicant on the Subject Property only. 2.Applicant is allowed to operate the fitness training business between the hours of 9:00 a.m. and no later than 9:00 p.m. each day, and shall be limited to only 3 hours on Sunday (no later than 4:00 PM). 3.Any weight lifting or cardio equipment used in this fitness operation shall be used only under close personal monitoring by the Applicant; used in a safe and normal manner; and shall be cleaned, in good shape, properly cared for and stored inside the garage space when not in use. 4. Applicant shall provide proof or documentation that he is certified in CPRIAED and basic First Aid; shall have an up-to-date and accessible First Aid kit; and access to a phone for emergency situations. An Automated RESOLUTION NO. 2016-98 External Defibrillator (AED) kit is also highly recommended. 5.Applicant shall provide proof or documentation that he is officially certified as a personal trainer through the National Strength and Conditioning Association (NSCA) and evidence of insurance carried through the NSCA. 6.The Applicant/Owner shall install a 6 - 7 ft. high solid opaque privacy fence along the east property line, the westerly lot lines; and the gap between the front edge of the garage and back addition to the home. 7.All noises emanating from the site or music played during work-out or training sessions shall be kept to minimum noise levels, and shall not be overly discernable at the neighbor's property boundaries. 8.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. 9.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. 10.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 l8lA. 11.All parking associated with this home occupation shall be off-street on improved spaces provided by the Applicant. On-street parking may be allowed but only in front of the Applicant/Owner's home and limited during the day hours. All vehicles parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the City Ordinances. 12.The Applicant shall comply with all recommendations of the Building Official with respect to building, fire and life-safety related matters regarding the location and operation of this home occupation. An inspection of the premises by the Building Official is required. 13. 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. RESOLUTION NO. 2016-98 14. The special use permit is subject to all applicable codes, ordinances, regulations and conditions noted herein. Any violations thereof may be grounds for revocation. June 27, 2016 Date Mayor ATTEST: _JWwc 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 Myszkowski, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted.