HomeMy WebLinkAbout2008-007 Inf Sheet 5827 Humboldt Avenue North Application Filed on 7-14-08
City Council Action Should Be
Taken By 9-12-08 (60 Days)
Planning Commission Information Sheet
Application No. 2008-007
Applicant: Luke Papin
Location: 3800 Woodbine Lane
Request: Special Use Permit (Home Occupation)
The applicant, Luke Papin, is requesting a Special use Permit to conduct a home occupation that will involve customer traffic and the participation of a non-resident in the conduct of
the home occupation at 3800 Woodbine Lane North. The property in question is zoned R-1 (One Family Residence) and is located on the north side of Woodbine Lane, the third house east
of France Avenue. It is bounded on the north, west and east by abutting single family homes and on the south by Woodbine Lane with single family homes on the opposite side of the street.
The north, or rear, property line is also the boundary between the cities of Brooklyn Center and Brooklyn Park.
Home occupations that have customer traffic are considered special uses as are home occupations that involve non-resident participation or employment. Such uses require 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 and supporting information (copies attached) explaining his proposed home occupation. The proposed business will be to sell custom made firearms
manufactured in the home primarily to law enforcement but also to responsible citizens. He is seeking a federal firearms license from the bureau from Alcohol, Tobacco, Firearms and
Explosives (ATF). We have had contact with ATF regarding certain aspects of the sought after license. ATF requires that a licensee must, among other requirements, comply with local
zoning regulations.
Mr. Papin points out that the nature of the proposed business will require a single, non-resident employee and that this person (Curtis Rebelein Jr.) will be present on an infrequent
basis. He estimates this party to be on the premises no more than one or two times per week. Retail sales from the premises will be limited to only selling firearms manufactured in
the home. Other retail sales related to this business will be financial exchanges via USPS mail, internet or other means which do not require individuals to visit the home. Physical
exchanges of merchandise in those cases will be conducted utilizing other federal firearms licensed dealers in accordance with local, state and federal laws and regulations such as at
approved gun shows. He stresses the limited amount of traffic at the home due to the sale of firearms that he custom builds and lists a strict check list of conditions that will be
followed involving the retail sale of these custom built firearms. He will require criminal background checks; proof of current Minnesota residency; having these matters verified prior
to making an appointment; and finally, conducting business on an appointment only basis (no walk in traffic will be allowed).
He also points out that the business will be conducted in an approximate 250 sq. ft. portion of the basement of his home that has a hardwired smoke detector immediately outside the area,
a battery operated smoke detector inside the work area and a ten pound dry chemical fire extinguisher in the work area. There are four parking spaces available in the driveway of the
home which will be utilized as parking related to the home occupation. He also provides a video surveillance security system that is monitored 24 hours a day, seven days a week which
utilizes door entry, motion detection and glass breakage technology.
It appears that the applicant is taking many reasonable steps to make this home occupation as innocuous and inconspicuous as possible and he lists a number of other supporting factors
relating to the home occupation for the Commission’s consideration.
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
also to Section 35-405 and 35-406 regarding additional requirements for home occupations and home occupations special (also attached). Retail sales of merchandise produced off of the
lot are not allowed as a permitted or special home occupation. The applicant’s proposal will be to sell only firearms he sells or manufactures at his home, out of his home. Retail
sales involving firearms produced off the lot would be confined to gun shows or through the Internet or other legitimate sales not requiring the sale to take place from his home. His
home would also be a business address for his firearms business. I have had the opportunity to meet with Mr. Papin regarding the operation of his home business stressing the City’s
concerns related to all home occupations and in particular his proposed home occupation. He has indicated that he will abide by all local zoning regulations related to home occupations
as well as the licensing requirements established by ATF.
The biggest concern with any home occupation is that it be incidental and secondary to the residential use of the property and not be detrimental to the health, safety and welfare of
the general public; not diminish or impair property values within the neighborhood; not impede the normal and orderly development and improvement of surrounding property; not create
traffic congestion in the public streets; and conform to applicable regulations of the district in which it is located (see standards for special use permits, attached). It appears
these standards can be met, if the applicant conducts the home occupation in the manner he has proposed.
As mentioned previously, Mr. Papin is seeking a federal firearm’s license from the Bureau of Alcohol, Tobacco, Firearms and Explosives. He is willing to limit his sales on the property
to only those firearms he custom builds and to specific times on an appointment only basis. He must keep his ATF firearms license current and abide by all federal and state regulations
with respect to his activity.
It should be pointed out that the City Council, following Planning Commission review, public hearing and recommendation, approved a very similar home occupation involving the retail
sale of custom made firearms for Mr. Glenn Kurke of 6021 Bryant Avenue North in 2005. Mr. Kurke, too, was limited to selling only firearms he would manufacture in his home with other
sales being conducted away from the premises through other legal means. There have been no complaints to the City with respect to his operation of the home occupation and we anticipate
Mr. Papin’s operation to be conducted in a similar manner with similar results.
A public hearing has been scheduled and notices of the Planning Commission’s consideration have been sent to surrounding property owners. It appears that the proposal is acceptable
subject to the following conditions and considerations:
The special use permit is granted for a home occupation involving the sale of firearms that are manufactured or assembled at 3800 Woodbine Lane North and involve the participation of
one non-resident employee. Said home occupation will involve customer traffic on the site. This home occupation may not be expanded or altered in any way not comprehended by this application
without first securing an amendment to the special use permit.
No retail sales of firearms or other merchandise not produced on the lot shall be allowed.
The home occupation shall not involve the storage of ammunition other than that for personal use, or raw materials such as gun powder or other explosives.
The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof may be grounds for revocation.
All parking associated with this 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 regarding the size of vehicles allowed.
The hours for retail sales of firearms that are produced on the premises are limited to Monday through Saturday, 10:00 a.m. to 7 p.m.
The applicant shall comply with recommendations of the Building Official with respect to safety related matters involving this home occupation.
A current copy of the applicant’s ATF firearms license shall be kept on file with the city.
The applicant shall report annually to the Community Development Department that he continues to be in compliance with the foregoing conditions and shall provide such additional information
as the Community Development Department may require to assure compliance.
7-31-08
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