HomeMy WebLinkAbout2006-003 Inf Sheet 6301 Brooklyn Drive Application Filed on 3-22-06
City Council Action Should Be
Taken By 5-21-06 (60 Days)
Planning Commission Information Sheet
Application No. 2006-003
Applicant: Dale Hartman
Location: 6301 Brooklyn Drive
Request: Special Use Permit (Home Occupation)
The applicant, Dale Hartman, is requesting Special Use Permit approval to conduct a woodworking home occupation in the garage at his residence, 6301 Brooklyn Drive. The property in
question is zoned R-1 and is located at the northwest corner of Brooklyn Drive and 63rd Avenue North. It is bounded on the west and north by R-1 zoned property containing single family
homes; on the east by Brooklyn Drive with single family homes on the opposite side of that street; and on the south by 63rd Avenue North with single family homes on the opposite side
of that street. Home occupations that involve the use of an accessory structure on the property are considered special uses requiring the granting of a special use permit by the City
Council following review, public hearing and recommendation by the Planning Commission.
The applicant has submitted a letter along with his application explaining that he currently has a cabinet and woodworking shop in the basement of his home and that he would like to
move it into his garage. He also plans to build a 16 ft by 34 ft. addition to the existing garage which would house the proposed cabinet and woodworking home occupation. He explains
that he primarily makes kitchen cabinets, countertops, bookshelves and other similar items. He adds that occasionally his wife and brother may work with him but that there would be
no other employees involved in the home occupation. It should be clarified as to whether or not his brother resides on the property or not. His proposed hours of operation are between
8 a.m. and 5 p.m., which we assume to be Monday through Friday. Clarification on this point should be sought as well.
The applicant indicates that he rarely has customers stop by and has no need for any additional parking. Deliveries are made four of five times a month by UPS, Speedy Delivery or a
small truck. He plans to have a fire extinguisher and smoke alarm in the shop at all times for safety purposes. He would also like to have a sign advertising the business on site.
He would be eligible for such a sign provided the special use permit is granted and provided a sign permit is obtained. Signs typically are not permitted to be attached to fences,
power poles and trees. He lists the equipment to be used in the home occupation as a ten inch table saw, six inch joiner, 12 inch planer, 18 inch drum sander and a few small specialty
tools, and small routers and hand tools.
The Planning Commission’s attention is directed to Section 35-900 of the Zoning Ordinance (copy attached) regarding the definitions for home occupation and home occupation, special,
Section 35-405 and 35-406 regarding additional requirements for home occupations and home occupations, special (also attached).
Special home occupations are defined as any gainful occupation or profession carried on within a dwelling unit or any permitted accessory building or installation 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.
Some of the main concerns with this special home occupation are the potential for noise and vibrations perceptible beyond the boundaries of the lot which may be a concern to surrounding
property owners. Other concerns may relate to the potential for traffic within the neighborhood.
Given the comments from the applicant in his letter it does not appear that there will be a lot of traffic associated with the home occupation. Limited deliveries are proposed, he indicates
that no customer traffic is anticipated and, therefore, there should not be a great impact with respect to the applicant’s proposal. Having his brother involved in the home occupation,
if he is not a resident at 6301 Brooklyn Drive, would be considered a non-resident employee. Up to one non-resident employee is allowed as part of a special use permit under the city’s
Zoning Ordinance. This arrangement could be authorized as part of the special use permit.
Another point of significance is the fact that the home occupation must be incidental and secondary to the residential use of the property as well as being incidental and secondary to
the accessory use on the site. The garage must be capable of continuing its function as an accessory building to the principal building on the site and should not be solely a workshop
for business purposes. It should still have the ability to house motor vehicles and provide accessory storage, which is the purpose of an accessory installation on the site.
Attached also for the Commission’s review is a copy of Section 35-220, Subdivision 2 of the Zoning Ordinance which contains the Standards for Special Use Permits. It is not anticipated
that the proposed home occupation as indicated by Mr. Hartman would be in conflict with the standards outlined in the Zoning Ordinance.
It is recommended that the Building Official review the accessory structure as well as the addition to it for safety considerations.
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 acceptable if operated in the manner described by the applicant. This home occupation is quite similar to one granted
to Mr. Adam Swan at 5821 Camden Avenue North, approved by the City Council on March 13, 2006. Approval of the special use permit is recommended subject to at least the following conditions:
The Special Use Permit is granted for a woodworking home occupation involving the use of an accessory structure on the property. Said home occupation will involve woodworking, cabinetry
and furniture making as well as other incidental items. 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.
The Special Use Permit is subject to applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation.
All vehicle parking associated with the home occupation shall be off street on improved space. Vehicle parking on the property shall be in compliance with Section 19-103, Subdivision
12 of the City Ordinances regarding the size of vehicles allowed.
The hours of operation shall be between 8 a.m. and 5 p.m. Monday through Friday.
All materials and equipment associated with the home occupation shall be stored indoors. There shall be no outside storage associated with this home occupation.
The applicant shall comply with recommendations of the Building Official with respect to safety related matters regarding the location and operation of this home occupation.
The applicant shall provide appropriate fire extinguishers in the area of the home occupation per the recommendation of the Building Official.
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4-13-06
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