HomeMy WebLinkAbout2007-001 Inf Sheet 3518 Woodbine Lane Application Filed on 12-28-06
City Council Action Should Be
Taken By 2-26-07 (60 Days)
Planning Commission Information Sheet
Application No. 2007-001
Applicant: Diana Peppe
Location: 3518 Woodbine Lane
Request: Special Use Permit (Home Occupation)
The applicant, Diana Peppe, is requesting special use permit approval to operate a recording studio in the basement of her home at 3518 Woodbine Lane as a home occupation. The home
occupation would involve customer traffic to the home and also the involvement of a non-resident employee in the home occupation. These two factors require the granting of a special
use permit by the City Council following review, public hearing and recommendation by the Planning Commission.
The property in question is zoned R-1 (One Family Residence) and is located on the north side of Woodbine Lane, westerly of Palmer Lake Drive. Single family homes are located on the
east and west sides of the applicant’s home and on the south side of Woodbine Lane. To the north of the property is city owned open space land that is also zoned R-1. Further to the
north is the municipal boundary between Brooklyn Center and Brooklyn Park.
The applicant has provided a written submission outlining her proposal including the nature of the activity, the location of the recording studio, noise control measures, safety measures,
available parking, hours of operation and a non-resident employee. Her plan, as stated, is to develop and operate a small home recording studio in the basement of her home in a partnership
with Jessicalee Gorski who does not reside at the premises.
They propose to utilize two areas within the basement of the home as a control room and isolation booth. The control room is used to mix, master and listen to the music being recorded
while the isolation booth is where the recording artist and/or instruments record. The studio will be finished with the necessary equipment to develop and record music and with the
equipment needed to keep out external sounds and keep in internal sounds. People utilizing the studio will do so on an appointment basis. It is recommended that all appointments are
only at a time when the applicant and/or her partner/employee are present. The isolation booth will be completely lined with sound barriers designed to stop the transmission of sound.
Polyurethane acoustical foam will be installed over the sound barriers. Acoustical foam panels are used as a sound absorber to reduce reverberation and echoes. The control room will
be equipped with soft sound acoustical panels designed to absorb and flutter echoes. The applicant has provided product information regarding material to be utilized. The Building
Official will be asked to comment regarding the appropriateness of the material and its safety. A building permit will be required for the remodeling proposed and a Certificate of Occupancy
will also be required.
The applicant notes that they believe their neighbors will not be disturbed by the equipment being used because of the soundproofing and the location in the lower level where the isolation
booth and control rooms are located. The location is along the south side of the basement where there are no windows.
The applicant points out that the material used is fire retardant and the foam is designed to “self exhaust” and will not burst into flames. She notes smoke detectors, fire extinguishers,
a heat detector, horn/strobe and a manual fire alarm are in place for safety purposes. An inspection of the premises by the Building Official is recommended regarding fire safety and
exiting. His recommendations should be a condition of any approval of the special use permit.
The applicant cites the availability of four off street parking spaces in addition to the single car garage on her property. All parking associated with the home occupation must be
on site on improved space provided by the applicant. There should be no on street parking associated with the home occupation. This factor will have some limiting effect on the number
of persons coming to the home to use the recording studio. Also limiting use of the studio to an appointment only basis should keep the amount of traffic associated with the home occupation
down. The proposed hours of operation are between 9 a.m. and 8 p.m., Monday through Saturday. The studio will be closed on Sundays.
The applicant finally notes that she has a non-resident partner working along with her in the business. The City Ordinance acknowledges that up to one non-resident employee can be involved
in the home occupation as part of a special use permit. No other non-resident employees are allowed to be associated with this home occupation.
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 and
to Section 35-405 and 406 regarding additional requirements for Home Occupations and Home Occupation, 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 unit and the lot upon which it is conducted. Among other things,
special home occupations may involve the use of equipment not customarily found in a residential dwelling, may employ no more than one non-resident employee, may involve customer traffic
and should not create traffic congestion on the lot or the streets adjacent thereto. Furthermore, the parking of vehicles related to the home occupation should not be on the street
adjacent to the home, nor should the home occupation produce light, glare, noise, odor or vibrations perceptible beyond the boundaries of the lot and the home occupation may not include
the retail sale of merchandise produced off of the lot.
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 and the potential concerns related to traffic associated with the home occupation within the neighborhood.
The Commission should review the various aspects of this business in light of the Standards for Special Use Permit contained in Section 35-220, Subdivision 2 (copy attached) and make
appropriate recommendations if necessary. The Standards for Special Use Permits require that the proposed special use promote and enhance the general public welfare and not be detrimental
to or endanger the health, safety and welfare of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair
property values; not impede the normal and orderly development of surrounding properties; be designed so as to minimize traffic congestion on the public streets; and conform with applicable
regulations of the district of which it is located. These standards should be considered as they have been with other special use permits that have been granted for home occupations
in the past. Non-resident employees have been approved and home occupations involving customer traffic have been as well, provided parking associated with the home occupation is confined
to the applicant’s lot on improved space provided by the applicant.
Again, it is recommended that the Building Official inspect and review the property and the applicant’s plans and make various safety and code related recommendations. A building permit
and Certificate of Occupancy will be required.
A public hearing has been scheduled and notices of the Planning Commission’s consideration have been sent to neighboring property owners. We have received a couple of calls inquiring
about the proposed home occupation. Comments have been directed to the staff regarding concerns for traffic in the area and it is anticipated that neighboring property owners will be
in attendance at Thursday evening’s meeting to express their concerns.
If the proposed home occupation can be considered acceptable, based on Zoning Ordinance considerations, the Commission should recommend approval of the application subject to the following
conditions:
The special use permit is granted for a recording studio use in the lower level of the home at 3518 Woodbine Lane North. Said home occupation will involve customer traffic to the home
and the involvement of a non-resident employee in the conduct of the home occupation. 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, ordinance and regulations. Any violation thereof may be grounds for revocation.
All parking associated with this home occupation shall be off street on improved space provided by the applicant. There shall be no on street parking associated with this home occupation
and all 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 9 a.m. and 8 p.m., Monday through Saturday. The studio will be closed on Sunday. Customers may utilize the recording studio on an appointment
only basis and only at a time when the applicant and/or her partner/employee are present.
The applicant shall comply with all recommendations of the Building Official with respect to safety related matters regarding the location and operation of this home occupation. A building
permit and Certificate of Occupancy shall be obtained also from the Building Official.
The applicant shall provide appropriate fire extinguishers and other safety materials in the area of the home occupation per the recommendation of the Building Official.
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