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HomeMy WebLinkAboutPC85004 - 2/14/85 - 3000 63rd AvePLANNING COMMISSION FILE CHECKLIST FILE INFORMATION File Purge Date: Planning Commission Application Number:`%� PROPERTY INFORMATION Zoning: R� 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 Type Resolutions: Planning Commission Resolutions: City Council �tyl Ss 13�'Si= City Vault `-i 1 as��� 5tkkv�-S\tAN't City Vault Number Location City Vault City Vault Ordinances: City Council City Vault CITY OF BROOKLYN CENTER �. PLANNING CQ�lMl`; ION APPLICATION Application No. 15004 Please Print Clearly or Type Street Location of Property 3CO' 3rd Avenue north Legal Description of Property Lot lv 31ock 1 Garden City, Second Addition Owner__ Richard I mnarei Address 30OG 53rd Avenue ;north Phone No. 556-6665 Applicant Duane - Cathy Rausch Address 35UI 135th Lane 6- W- Anoka _ MA Y� 3�3 Phone No. 427-4726 Type of Request: Rezoning Subdivision Approval Variance Site & Bldg. Plan Approval X Special Use Permit Other: Description of Request: Special use germit for a heauty shop. rmm,?� nccupatinn_ The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state - merit, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the applicant of the,,Qbligation to pay c is incurred prior i:o withdrawal. 1. Fee $ 56.0% Receipt No. 66122 Date: J - is S'S piicant's 5lgna PLANNING COMMISSION RECOMMENDATION 1 Dates of P.C. Consideration: ,��c���c'c� y� 5 ; .; �GZf� �� -27 V" / Approved �-- Denied following .ditions: this* day of ` CITY COUNCIL ACTION 19 S , subject to the /717T Mairman Dates of Council Consideration: A proved, Denied this day of L �� 19 b with followlinn 6 d � � - mendme ant:111� !: , ___ _ Pala, U'Ulerk P/I Form No. 18 (over please) CITY OF BROOKLYN CENTER PLANNING CQP•f4f',:;I0N APPLICATION Please Print Clearly or Type Street Location of Property (Legal Description of Property Owner_ 91' h ►-r � Addressr Appl i can t__Lua n Curf" h Type of Request: Rezoning Variance - X Special Use Permit Description of Request: -W-0- L.0n(II Application No. Phone No ._ & & - JO&SS Irc_ci . Yr)n Phone ;;o. Subdivision Approval Site & Bldg. Plan Approval Other: Clar-e-eWIe►11 r uc It C � 1jjlwf' t �&,c CLDYl ao, vo- Sho v Ivi I h-e hc_"E The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state- ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. Fee $ Applicant's Signature Receipt No. Date: PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Approved Denied this day of 19 subject to the following conditions: Chairman CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this day of 19 with the following amendment: Clerk P/I Form No. 18 (over please) MAINTENANCE ` BUILDING f CRE c3 68TH a qVE. ,Q N. a W > ! CD` THURBER m t,� `2 1.... - - Rp k .� -._-_ pPEU S'. t FREEWAY- PAR,�K��,, T _ - / N . 694 To Sr Aq u ` Q U A R L E S - 0 65 66TH AVE N. IN AVE. ' N' ,X� ' . O s � Z } i 1 Lu a APPlicati-on No. PO RD 85004 o ROA % 0' H E NRY w � 1 I AVE 473 ROAD _ \ IRE FO R MUM ;TA. p i j- 1 0 A D_ - ----- GARDEN - qVE 7L CITY N C� � �, '� PARK A Z-i I \A �LAW&E _ - ENN. ANt N 61 ST AVE C2 �l 11 i 000000000-010 W.- o q 3 N '► O � to O , o %0 •C _ G A� O Q � O u, O m i m m Z t o °`O N p y G O c-, T cp n > c* 9 3 w ty p r O ► fi Z 0 q o 3, Z tr r O n o N► Z v'� -+ N m r QC `° G'n c GA o O Z s o• w -► cl Z 2 O O ro n -o � •�► .a O 9 ,t O O P oZ O� o -t Z 2 m 2 0 OS ro O .- %0 Z 9Ot°s r7. � sv ,r q cD � G� o to n O O O m � v T+ O •-i p ctOc+O� 2 cs � Sao- > N� m `t< q N 9 0 2 m de. r a O O G � c-, 0 G� tNr+ � ct Planning Commission Information Sheet Application No. 85004 Applicant: Cathy Rausch Location: 3000 63rd Avenue North Request: Special Use Permit Amendment/Home Occupation The applicant requests an amendment to the special use permit for a home beauty shop at 3000 63rd Avenue North granted under Application No. 85004. The property in question is zoned Rl and is bounded on the east by Xerxes Avenue North, on the south by 63rd Avenue North, and on the west and north by single-family homes. The amendment is to allow for a nonresident employee for up to three more years. The existing special use permit approval terminated the right to a nonresident employee after July 11, 1989. The applicant has submitted a letter (attached) in which she explains that, because of the birth of a second child, she has been unable to complete the 2,700 hours of work required to get her own license. The permit arrangement with the nonresident employee allows Mrs. Rausch to work under the supervision of a licensed beautician until she attains enough hours to obtain her own shop license. The City Council approved the nonresident employee only for this purpose and was unwilling to approve it on a permanent basis. Mrs. Rausch will likely be working toward her goal of 2,700 hours on a part-time basis. Therefore, she seeks an extension for three years to avoid the need for another amendment. She presently has worked approximately 1,500 of the required 2,700 hours. Mrs. Rausch points out that the nonresident employee will be at her shop two days per week. Mrs. Rausch also seeks an adjustment to the approved hours of operation. Presently the Thursday hours are 9:00 a.m. to 5:00 p.m. and the Friday hours are 9:00 a.m. to 8:00 p.m. She requests a revision reversing these hours to 9:00 a.m. to 8:00 p.m. on Thursday and 9:00 a.m. to 5:00 p.m. on Friday. Given the limited hours for the nonresident employee and the temporary period for which she will come to the home, we see no adverse impact on the neighborhood. A concern has been raised by one neighbor about the possibility of on -street parking. However, on -street parking is not allowed under the present conditions of approval; the applicant has not sought a change in this condition; and, staff certainly recommend no change. The existing conditions of approval are attached for the Commission's review. We recommend approval of revised conditions #4 and #11 as follows: 4. The hours of operation shall be: 9:00 a.m. to 5:00 p.m. Wednesday and Friday, 9:00 a.m. to 8:00 p.m. Tuesday and Thursday, and 9:00 a.m. to 2:00 p.m. Saturday. 11. Special use permit approval acknowledges the presence of a nonresident employee until August 15, 1992 for the purpose of the applicant working toward attaining a shop manager's license from the State Board of Cosmetology. However, if the applicant receives her shop license prior to that date, she shall submit a copy of it to the Planning and Inspection Department and the presence of a nonresident employee shall cease. 7-27-89 )O- R cl crJ- A. , o 0 0--LA ci yy,-Q- U0 JA Nam^ S o Lvyl SSyay Planning Commission Information Sheet Application No. 85004 Applicant: Duane and Cathy Rausch Location: 3000 63rd Avenue North Request: Special Use Permit Amendment The applicant requests an amendment to the special use permit for a home beauty shop granted under Application No. 85004 on March 11, 1985. The property in question is a single-family residence in the Rl zone, bounded by Xerxes Avenue North on the east, by 63rd Avenue North on the south, and by single-family homes on the west and north. Approval of the original special use permit acknowledged the employment on the premises of one non-resident on a part-time basis. That acknowledgement, however, was subject to Condition No. 11 of the City Council approval which called for review of the special use permit and elimination of the non-resident employee after 18 months. The applicant, Mrs. Cathy Rausch, has submitted a letter (attached) in which she requests that condition #11 of the original approval be amended to allow 30 months additional time to have a non-resident employee. She explains that, since the original approval, she has become pregnant and the non-resident employee has quit. Her goal was to complete 2700 hours of work under the supervision of a licensed shop manager so that she could qualify for a shop manager's license of her own. That is still her goal, but with the demands of caring for her new child, she can only work part-time for the first year. Mrs. Rausch, therefore, requests two and a half years additional time to fulfill the requirement of 2700 hours as a hair stylist/beautician in order to receive her shop manager's license. Once the shop license is obtained, a non-resident employee will not be necessary. Staff see no reason to deny the requested extension of time. The concern of the City Council in applying condition #11 was over traffic. On -street parking was prohibited. All access to the shop would be from the driveway off Xerxes Avenue North (see site plan) . The reason for phasing out the non-resident employee is that a two -person shop will generate more traffic than a one -person shop. Limiting the operation eventually to a single person limits the long -run traffic impact of 2700 hours of beauty services should be roughly the same over 2.5 years as over 1.5 years, but spread out more. So long as parking is off-street on improved space at 3000 63rd Avenue North, the impact of the proposed home occupation should be limited, even when there are two people working in the shop. Accordingly, we recommend approval of the rquested amendment by revising condition #11 to read as follows: 11. Special use permit approval acknowledges the presence of one non- resident employee until July 1, 1989 for the purpose of the applicant working toward attaining a shop manager's license from the State Board of Cosmetology. At that time, the application shall be brought back to the City Council for review of the number of hours authorized in condition A. 11-13-86 gn mill • LJJ �aa . to ro L z- Lk CY\,1a L. .�� . - �v C-LC cA� %3 CUTyuo _YJ �t CL vo OTV cn u3 w.d Y -4/0 y SSyC)61 u 41- --;L I - g S, Iv L ri Memorandum TO: Gerald G. Splinter, City Manager Is,,, FROM: Ronald A. Warren, Director of Planning and Inspect on [ L'o DATE: March 8, 1985 SUBJECT: Planning Commission Application No. 85004 (Cathy Rausch) The City Council on February 25, 1985 tabled Planning Commission Application No. 85004 involving Cathy Rausch's request for a special use permit to conduct a home occupation/beauty shop with a nonresident employee at 3000 63rd Avenue North. Attached is a copy of pages 5 through 8 of the February 14, 1985 Planning Commission minutes containing the Commission's recommendation regarding this application. The City Council decided to prohibit any on -street parking related to this home occupation and also decided to allow a part-time nonresident employee for only 18 months at which time Mrs. Rausch's application would be re -reviewed by the City Council for the purpose of eliminating this employee provision and also, for the purpose of cutting back on the hours of operation. Mrs. Rausch requested the Council to table this application so she could review these restrictions further. Mrs. Rausch contacted our office on February 27, 1985 and stated that she would like to proceed with the application and could accept the 18 month limitation on the nonresident employee. Based on this understanding, the following conditions are recommended for the City Council's consideratioon with this application: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 3. A current copy of the applicant's State operator's license shall be kept on file with the City. 4. The home occupation shall be conducted on an appointment only basis. The hours of operation shall be: 9:00 a.m. to 5:00 p.m., Wednesday and Thursday; 9:00 a.m. to 8:00 p.m., Tuesday and Friday; and 9:00 a.m. to 2:00 p.m., Saturday. 5. The special use permit approval authorizes one, part-time, nonresident employee working in the, beauty shop for a period not to exceed 18 months following the issuance of the special use permit. 6. The special use permit approval is exclusive of all signery \,, which is subject to Chapter 34 of the City ordinances. t Memo Page 2 March 8, 1985 mlg 7. The existing driveway off Xerxes Avenue North shall be widened to 26' with a throat on Xerxes Avenue North of approximately 22'. No removal of curb or improvement within the Xerxes Avenue North boulevard shall be commenced prior to approval by the City Engineer. 8. Special use permit approval acknowledges the use for the home beauty shop of an existing 11' x 28' family room. No greater area within the home for the home occupation is comprehended by this approval. 9. The premises shall be inspected by the Building Official and any structural alterations recommended by him shall be completed prior to the issuance of the special use permit. 10. A 10 lb. fire extinguisher shall be placed within the home beauty shop area. 11.. This application shall be brought back before the City Council within 18 months after its issuance for the purpose of elimi- nating the provision for a nonresident employee and to reduce the number of hours authorized in Condition No. 4 above. Planning Commission Information Sheet Application No. 85004 Applicant: Cathy Rausch Location: 3000 63rd Avenue North Request: Special Use Permit/Home Occupation The applicant requests special use permit approval to operate a home beauty shop in the residence at 3000 63rd Avenue North (the northwest corner of 63rd and Xerxes Avenue North). The property in question is zoned Rl and is bounded on the east by Xerxes Avenue North, on the south by 63rd Avenue North, and on the west and north by single-family residences. Home beauty shops are considered special home occupations and are, thus, subject to the Standards for Special use permits con- tained in Section 35-220 (attached). The applicant has submitted a letter and site sketch (attached) explaining the proposed home occupation. She states that the hours of operation would be 9:00 a.m. to 5:00 p.m., Wednesday and Thursday; 9:00 a.m. to 8:00 p.m., Tuesday and Friday; and 9:00 a.m. to 2.:00 p.m. Saturday for approximately 40 hours per week. The home beauty shop would be on the main floor of the home in the existing family room on the west end of the house. This room measures 28' x 11' (a total of 308 sq. ft.). It is basically a converted one -car garage. Customers will enter and exit via the rear (north) entrance. She states that parking is to be provided on the lot and that a sidewalk is to be installed leading from the parking area (by the new garage off Xerxes Avenue North) to a deck off the family room. Access to parking is to be off Xerxes Avenue North. Mrs. Rausch also states that there would be one part-time (20 hrs. per week) non-resident employee working with her. A sign within the limits (2.5 sq. ft.) of the Sign Ordinance would be placed at the corner of 63rd and Xerxes Avenues North. In response to the applicant's letter and sketch, staff have retri-eyed the latest site drawing of the property from a 1980 building permit for a deck. That site drawing shows the existing two -car garage to be set back 25' from Xerxes Avenue North rather than the presumed 35'. The existing driveway is 16' wide. From this site drawing, it would appear there will be less room for parking than depicted on the appli- cant's sketch. If a 15' "greenstrip" is required inside the property line, the existing 25' setback would allow only one parking stall to the north of the garage. If the applicant's cars are parked inside the garage, there would be room for two cars unobstructed on the driveway. It may be best to simply widen the existing driveway to 26' (with a narrower throat at the curbline if possible) and have three cars abreast since a car pulled onto a perpendicular parking space (parallel to the street) would be blocked by cars parking on the driveway. It appears, therefore, that the property cannot accom- modate more than three cars unobstructed- with cadrtaiiM 'irgprovements . Staff would recommend that four parking spaces be assumed necessary for a two -operator shop. Parking is allowed on both 63rd Avenue North and on Xerxes Avenue North, but it would be preferable for such parking to be on 63rd Avenue North. Also, customers coming from the south may tend to park on 63rd rather than make a U-turn around the Xerxes median at O'Henry Road. On -street parking associated with a home occupation may only be authorized in consideration of the Standards for Special Use Permits and of the following: 2-14-85 -1.,. Application No. 85004 continued a. The amount of the applicant's street frontage b. The rights of adjacent residents to park on the street c. Preservation of the residential character of the neighborhood. (from Section 35-406.7) Staff do not feel there would be traffic congestion in the public streets if no parking were allowed on Xerxes Avenge North. The lot in question is 94.48' wide,providing plenty of room for two or even three cars to park on 63rd Avenue North in front of the applicant's property. No infringement should be made on the frontage of other residences. As to the residential character of this neighborhood, it should be noted that there are no nearby commercial establishments. Nevertheless, the lot in question is located at the intersection of two collector streets. Therefore, a higher -than -average level of traffic already exists. The Commission should prob.ably weigh, during its public hearing process, the perceived impact of the proposed two - operator beauty shop on this neighborhood. It is staff's judgment that, if clients are properly educated as to parking options, this home occupation could function adequately at this location. However, the area devoted to the use and the fact that a part-time non-resident employee will be engaged does make the proposed beauty shop more intense than the average home occupation. We do not, in any way, foresee the conversion of this intersection to a commercial mini - district. Strict conditions should, therefore, be applied to any approval of the home occupation special use permit. As far as the special use standards not related to traffic and park- ing, staff do not feel that noise, odor, light, glare, etc. from the home beauty shop will diminish property values or impede the use of neighboring property. As proposed, the home beauty shop does live within the letter of the Zoning Ordinance. It is always a matter of collective judgment whether a home occupation is secondary and in- cidental to the residential use of the premises. The area of the house dedicated to the home occupation and the hours of operation make the beauty shop a secondary, but perhaps not an incidental use of the property. Nevertheless, there has been at least one case of a home beauty shop with a non-resident employee approved in the past. If the Planning Commission is disposed to recommend approval of the application, the following conditions are recommended: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 3. A current copy of the applicant's state operator's license shall be kept on file with the City. 2-14-85 -2- Application No. 85004 continued 4. The hours of operation shall be: 9:00 a.m. to 5:00 p.m.,.Wednesday and Thursday; 9:00 a.m. to 8:00 p.m., Tuesday and Friday; and 9:00 a.m. to 2:00 p.m., Saturday. 5. Special Use Permit approval acknowledges one, part- time, non-resident employee working in the beauty shop. 6. Special Use Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. Special Use Permit approval acknowledges on -street parking of not more than two customer vehicles on 63rd Avenue North only. 8. The existing driveway off Xerxes Avenue North shall be widened to 26' with a throat on Xerxes Avenue North of approximately 22'. No removal of curb or improvement within the Xerxes Avenue North boulevard shall be commenced prior to approval by the City Engineer. 9. Special Use Permit approval acknowledges the use for the home beauty shop of an existing 11' x 28' family room. No greater area within the home for the home occupation is comprehended by this approval. 10. The premises shall be inspected by the Building Official and any structural alterations recommended by him shall be completed prior to the issuance of the Special Use Permit. 11. A 10 lb. fire extinguisher shall be placed within the home beauty shop area. 2-14-85 -3- i o� 1 ^' o" o -t o m O IMP it . 3 n 7n C rn cn rr a cm--4 o Cn -mi O bQ - 4 .: 0-4. 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