HomeMy WebLinkAbout2005-014 Inf Sh 5549 Brooklyn Boulevard Application Filed on 9-15-05
City Council Action Should Be
Taken By 11-14-05 (60 Days)
Planning Commission Information Sheet
Application No. 2005-014
Applicant: GiGi Yanis
Location: 5549 Brooklyn Boulevard
Request: Special Use Permit (Home Occupation)
The applicant, GiGi Yanis, requests special use permit approval to conduct a home occupation that will involve customer traffic at her home, 5549 Brooklyn Boulevard. The property in
question is zoned R-1 (One Family Residence) and is located at the southwest corner of the intersection of Northport Drive and the Brooklyn Boulevard frontage road. It is bounded on
the north by Northport Drive with C-1 zoned property on the opposite side of the street; on the east by the Brooklyn Boulevard frontage road; on the south by R-1 zoned property containing
a single family home and a portion of the Northport School property; and on the west by R-1 zoned property containing a portion of Northport Park. Home occupations that involve customer
traffic at the home are considered special uses requiring the granting of a special use permit by the City Council following review and public hearing by the Planning Commission.
The applicant has submitted two written statements (copies attached) describing the home occupation and explaining how it would operate. Ms. Yanis plans to give palm and tarot card
readings in the living room of her home on an appointment only basis to customers coming to the residence. Her proposed hours of operation are between 9 a.m. and 9 p.m. She notes that
there is parking in the driveway and that no one else will be involved in the readings. She plans to have a fire extinguisher available in the area where the home occupation is to be
conducted and will comply with any other requirements deemed necessary by the city. She has also provided a sketch plan of the property showing the house and garage and driveway location
on the property.
It should be noted that the applicant is already conducting such a home occupation on the property as a “permitted home occupation” and has a sign, for which a permit was granted, on
the property. Her current operation does not allow customer traffic and the conduct of her business is done away from the premises. The fact that she wishes to have customer traffic
elevates the home occupation to a special use permit, thus the application that is before the Planning Commission.
The home occupation is obviously not a typical home occupation conducted within the city. It is looked at much the same as a counseling business might be and the volume of customer
traffic might be akin to that of a home beauty shop, both of which are considered special home occupations and have been granted in the past by the city. The zoning implications of
this home occupation are considered the same as a counseling or beauty shop operation. It should be noted that it has been stressed to the applicant that the home occupation and associated
customer traffic should be done on an appointment only basis to limit the amount of traffic associated with the business. The Yanis’ have a double wide driveway which should be able
to provide off street parking for four vehicles. No on street parking associated with the home occupation should be allowed. Thus, the emphasis on the business being conducted on an
appointment only basis.
The home occupation can be considered a low key operation if operated in the manner described by the applicant. Concern has also been expressed to the applicant with respect to the
fact that there should be no over the counter sale of merchandise with respect to this activity or any other activity in the home.
Attached for the Commission’s review is a copy of the definitions for home occupations and home occupation, special contained in Section 35-900 of the City’s Zoning Ordinance and also
a copy of Section 35-406 regarding requirements for special home occupations. Attached also is a copy of Section 35-220, Subdivision 2 of the Zoning Ordinance, which are the standards
for special use permits.
Special home occupations are defined as any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot by a family
member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling and any accessory structure and the lot upon which it is conducted.
The main concern with this special home occupation is the potential for creating traffic within the neighborhood. Given the comments made by the applicant and the proposal for an appointment
only basis and the ability to park on site rather than on street, should make this home occupation tolerable. The fact that the activity proposed to be conducted may be objectionable
to some is not a zoning related matter and should not be a basis for denial.
It is recommended that the Building Official review the home and property for any recommendations that may need to be made.
A public hearing has been scheduled and notices of the Planning Commission’s consideration have been sent to neighboring property owners. It appears that the proposed home occupation
can be considered low key, if operated in the manner described by the applicant. Again, no over the counter sales of merchandise should be offered as part of this home occupation.
Approval of the special use permit is recommended subject to at least the following conditions:
1. The special use permit is granted for a home occupation involving customer traffic related to palm and tarot card readings to be conducted on an appointment only basis at 5549 Brooklyn
Boulevard. The 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
The special use permit is subject to applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation.
All parking associated with the home occupation shall be off street on improved space provided by the applicant. Vehicle parking on the property shall be in compliance with Section
19-103, Subdivision 12 of the City Ordinances.
The hours of operation shall be between the hours of 9 a.m. and 7 p.m. Customers shall be served on an appointment only basis.
The applicant shall comply with the recommendations of the Building Official with respect to safety related matters following inspection of the property.
There is no over the counter sales of merchandise comprehended through the granting of this special use permit. Any sales related to this home occupation shall be conducted off premises.
9-29-05
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