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Home My WebLink AboutPC69066 - 2/5/70 - 7100 Willow LaneOwn 051 PLANNING COMMISSION FILE CHECKLIST File Purge Date: I/q 9S FILE INFORMATION Planning Commission Application Number: i090&tom PROPERTY INFORMATION Zoning: PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building- Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission Minutes: City Council Document Tvoe Resolutions: Planning Commission Resolutions: City Council 11e/70 Aobt-d City Vault 2/5/10, "/z/v0 City Vault 2� l0/70� y�3/%b Number Location City Vault City Vault Ordinances: City Council City Vault CITY OF BROOKLYN CENTER Zoning Application AMr'JDfn Application No. '690661% Street Location of Property 7100 Willow Lane Legal Description of Property Owner Henry Stenquist Address 7100 Willow Lane Telephone No. 561-6347 Applicant Same Address Telephone No. Type of Request: Rezoning X Special Use Permit Variance Subdivision Approval Other Description of Request Mr. Stenquist, a registered architect, main- tains his professionai office witnin his residence. In addition, Mrs. Stenquist, a dance instructor, conducts dance classes for cniiaren witnin the resiaence. T e Stenquist-8 are asking for "Special /Home Occupation" status and a Special Use Permit for same. ,9MM ,frJDfnr C. f u S Reason oR�uest — S�zc,Ac. ksf Pf�'w� Fee $ 25.00 Receipt No. 28847 Y4-e-0,9gJC4 STitoly hetV9 cislo s. W CL %. G Dates of P.C. Consideration Dates of Council Consideration 14-70 PLANNING COMMISSION RECOMMENDATION Approved enied this ," day of f61ku,, R� ,19 '%L) subject to the following conditions Chai COUNCIL ACTION ,;/,2/,G'� Approved Denied this �(� day of �� a 19—: fZ, with the�o owing amendment ` �y Clerl L PLANNING COMMISSION INFOM4ATION SHEET Application No. Applicant: Description of Request: HACKGTROUND : Henry Stenquist Special Use Permit for group dance lessons in the Stenquist residence at 7100 Willow sane. Mr. Stenquist has modified his application in light of an opinion from the City Attorney that only one hor�.e occupation could be permitted at a single dwelling unit. 1) Planning Commission Minutes of January 8, 1970, and February 5, 1970. 2) City Council Minutes of February 16, 1970. 3) ihr. StenWi st has amended his application in light of a legal technicality of which he had no knowledge prior to his original application. POINTS TO 3E CONSIDERED: 1) Section 35-220.2-Standards for Special Use Permits 2) f4r. Stenquist`s architectural practice. 3) .A time limit on a Special Use Penmit as provided in Section 35-22.0.2. Conditions and Restricti.onr3. Henry and Virginia Stenquist 73.00 Willow Lane Brooklyn Centex-, Minn. 554-30 v anuaxy - f 1970 City of Brooklyn Center Planning Commission 7100 Osseo Road Brooklyn Center, Minnesota 55429 GeneleMens The :coZZow.ng information is submitted for your coy:;iderat on and review as z nfo _mat -ion pertinent to our request for a ,Ipe•cia i_ Use Permit at our residence, 7100 North Nillow Lane. Architectural Offices The archit-ectural practice is principally an individual practice. All work is done within the copy• fines of the home and uses no special. equipment other then office type drafting equipment. *mart ow the educational regi.J::emer ;s for a dec,;rn ; in architec-ure requires caper.zance ::or a student in an architect's orrice. i employ a stude:at from the U oa Part t. me, c u ring his off school houi:s and as he is available. The scope of my practice is re .i.dential,. apart- ments, comrterci al and industrial. it requires occasional visits by clients and consultants. Dance Studio: (Por ballet, tap, jazz, etc.) The dance studio is the result oa' many requests of mothers in the neighborhood that:, Mrs. Stenquist {Virginia Luoma .Hance Studio) have classes for their children as a convenience and for close, pro<;.imity to their homes. Many of the students :"orlmerly E.ttended cias:aes at he-. business studio in Crystal, which still functions . Most- 0 _ the students walk fr_on their .comes in the neicjhbox_hood. The mothers v-ino do drive the child+rep_ usu.a'_ly drop them off and pick them up when %he lesson is ovo-r. r C�� _2- The on_iy times When numbers of cars may stay in the area is on registration day and when pre --school children present a Christmas program For parents or mothers �Vled. Dec_ I7th this year) . The drive w.-111. take 6 cars %,7ith ample room at present. (xt is anticipated that the drive will be modified for owners original plan which would increase maneuvering room via a circle drive). At present. there are 4 classes; one on Monday Fa -on 4 to 5 P.m.,; two on u sday starting at 4:30 and 3:45; and one class o at 10 A_Mi. for pre-school child.en and 1-1-in6ergartcners. Total students are 40. y. Pam'. -ti ue assistant comes over From the Crystal studio On T-,aesday mornings, and one mother helps occasionally �-iith a class in which her children tape lessons. The lessons run concurrently sr:Lth the s.;-hoo? •, ea-c ano' are not 'tee 3 d in the summer. N%-W Attn: site plan re _'aesting your favorable consideration. Henry W. Stenquist, Jr. IN to90IV � 5-25 MEMORANDUM TO: ROBERT HAARMAN, Planning Commission Secretary FROM: RICHARD J. SCHIEFFER, City Attorney Re: Construction of BCO 5900. Definitions. Home Occupation; Home Occupation, Special Your question, "does the Ordinance limit the number of Home Occupations to one (1) per dwelling?" is answered in the affirma- tive. In construing the language of any statute or ordinance the particular section in question must be construed in light of the policy established by the ordinance as a whole. The general intent of BCO Chapter 35 is to arrange the land area within the City of Brooklyn Center into geographic districts, and to limit the use of land within such districts. See BCO 35-300. The uses permitted in a one family residence district are single family dwellings and uses incidental to single family dwellings except business or industrial uses. The Home Occupation is, by Ordin- ance, a use incidental to a one family dwelling. See BCO 35-310 (1) (b) 0). Considering the Ordinance as a whole, its purpose is to separ4te residential uses from business and industrial uses. Whenever a question of interpretation is presented, the overall policy of separating the con- flicting uses should be given priority. See Lowry v. City of Mankato, 231 Minn. 108 at 114, 42 NW 2d 553, where the Minnesota Court states: The principal and paramount purpose of the ordinance here involved is to divide the City into two districts, the business and the residence district, . . . and to confine the . . . businesses to the business district. Consequently, not only must the apparent conflicts (within the Ordinance) ,be considered in the light of such policy but wherever necessary such ,policy should be given effect as against any doubtful expression of intention, apparently inconsistent therewith. The definition of Home Occupation, therefore, should be given a narrow rather than a broad construction. Looking to the bare wording of Home Occupation, it is defined as "Any gainful occupation or profession carried on within a dwelling unit by the occupant, . " In Lowry v. City of Mankato, supra, at pp 115 the Court states a general rule of statutory construction in stating that words such as "the and a" are definitive and when used before a noun such words have a specifying and a particularizing effect. In addition to identifying the noun with which such words are connected, the use of such words also has the effect of limiting numerically the noun which they modify. Thus, the term "dwelling unit" designates the abode of a single family. See BCO 35-900 Dwelling Unit. Thus "the occupant" of a dwelling unit is the entire family which dwells therein, leading to the conclusion that there can be but one occupant in a single family dwelling unit. From this we must conclude that a single occupant can have but a single occu- pation and an application to operate two home occupations from the same dwelling unit is a contradiction in terms. (See Ade v. Village of Lar ch- mont New York Law Journal, July 14, 1964, pp 12), in which the Court decided that where six single family residents owners purchased a piece Of abutting lakeshore and attempted to operate a boat dock as a home occupation, it would be necessary to deny the home occupation privilege to five of the dwellings, and to permit the home occupation as an accessory use to the "principal" dwelling. Your question, "does the Ordinance limit the number of Home Occupations, Special, to one (1) per dwelling?" is answered in the affirma- tive since Home Occupations, Special is defined in precisely the same fashion as Home Occupations and the above reasoning would apply. 1 The answer to your third question is moot, since the Ordinance allows only one Special Home Occupation per dwelling unit. -2 - Your question "does the term 'individual music instruction' rule out group dance lessons? " is answered in the affirmative. The rule of ejusdem generis requires that where general words are followed by an enumeration of things which have a particular and specific meaning, the general words cannot be construed in the widest context but must be limited to the particular and specific meanings set forth. Therefore, the inclusion of the term "individual music instruction and the like" dictates that group activity not be sanctioned. Your question, "does the placing of day nursery uses under Home Occupation, Special imply that group activities require a Special Use Permit?'' is answered in the affirmative, for the reasons cited in the foregoing paragraph. RJS Dated rmg i i s I February 5, 1970 1.TITI w� i i e the undersigned u,re all very interested in 'the request of .'.r :nd ors. tenquist for permit to hold du.ncin :vclasse3 in their home. 'e all agree thu,t -ae •.vill ecmY ly sith'any -r:a.r}:ing regulations set doavn by you. e further state that many cars could be eliminated comT-letely by "pooling" the children that do come. :'e do .ant to continue bringing our daughters to "-Ass Virginia" as ve feel she is an excellent teacher. IT-r school in Crystal is ,quite a. distance for all of !is rrho live within a mile of her home. It is aprroximately a 15 minute drive. '''e do feel that this weu13 bn an inconvenience to lave to take them that far. ?e feel that by complying xith any and all parking regulations set lo•vn by' ycu, there would be no inconvenience on '' illow Lane wa far as her neighbors a.re.concerned. Ne cannot See any other reason for this petition not being grunted. We further Mate thu.t all of us do have little chil, ren and are very vell asare of the fact teat ae ahould drive 3a.refully lo,vn thi:; residential street as ve do down our c+vn streat 3 here in rcoklyn Center to ,.:rctect these little children whe may hai'--en to be playing there. y Thank you fcr :any Gon ,ideration giv=,n to our petition.' ✓%�i/� l� r -/r/o,� �92 77f-1 - l MY �.�.� � .w . b � Sib �o• �,.w CO -::�' ��V;7 3- j .✓� C iJ )77 h o, (,wb e k �'" -� goo IJJ 69 oil February 2, 1970 Brooklyn Center Village Office 7100 Osseo Road Brooklyn Center, T:innesota Attention: Robert Jensen, Planning Commission Dear Sir_: The following statements are in reg -rd to the recent discussions pertaining to the reque,_>t for a speci.:�1. use permit by E. 1. Stenquist for his 'esi_;_ence -�.,t 7100 ��'illow Lane North. The r.lein purpose in this statement has been to assure the P1=l,nning Commission th t our neighbor- hood has basically rer.=ained unch-._nEe,,i considering the steady growth in residential construction in this area, of the community. Our hor_le is located dilectly across the street from the Stenc��zi_s lan!7. therefore we have had an o-p-nortuni_ ty to observe an(_! the pres(,rt co:r)__:itioils in our neighbor- hood to those condi ti on.s in existence prior to the openiyl of the Sten_}ui st's business in their ':-:_oirie. In our opinion the flo,,r of traffic any, otb_er related_ con(?. itions have not been appreciably altered to rcgar(.1 t gem GIs o_° undesirable in rrati.).re. It is also my understa i" in" the-,t T- r. Stenquist 1_,.as been cooperative in offeri,i.g to construct a circular_ driveway to re.'uce parkin,-, in the .street a.n.j tl� a,t no large adv_rtiseme.-at signs l..roulcl be displayed on the :rer` i:;es. Addition ally, the part -tilde el_ ploye('_ by tl:).e S ilenr;uilsts its very minil'lal and - does not create or reflect a commer.ci^1 atlnos1 here in the neighborhoo(I. MY \ ife I, i;h.ere-fore, see no reo.son vby the ; Pecial use permit _11hould not be g.ra,nte,:i.. Cordially yours, Mr. T•'rs. Donald A. Olson 71-09 Willo cr Lane North Br_ook_-lyn. Center, Tdinnesota Uz April 2, 1970 Mr. Henry W. Stenquist, Jr. 7100 Willow Lane Brooklyn Center, Minn. 55430 Dear Henry: We have no objection to your continuing the limited schedule dance school or the professional business office in your residence in the manner that you have followed to date. We do not believe that there is any adverse effect on the neighborhood or surrounding individual properties because of this activity. You may use this letter publicly. Sincerely, % Mr. & Mrs. Robert Van Valkenburg 7101 Willow Lane `l Brooklyn Center, Minn. 55430