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Home My WebLink AboutPC89025 - 12/7/89 - 5329 4th StreetCITY O�-MMLYN CENTER • PLANNING COMMISSION APPLICATION Application No. 89025 Please Print Clearly or Type Street Location of Property 5329 4th Street North Legal Description of Property N. 1/2 of Lot 8 Block 2 Bellvue Acres Owner Rose K. Lyse - Address 5329 4th Street N. Phone No. 561-8277 Applicant Mary Ann Ziebarth Address 5329 4th St North Phone No. 561-8277 Type of Request: Rezoning Subdivision Approval Variance Site & Bldg. Plan Approval X Special Use Permit Other: Description of Request: Group Dance Lessons and baton twirling lessons as a 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 $ 50.00 Applicant's Signature Receipt No. 82009 Date: November 22, 1989 Dates of P.C. Consideration: Approved Denied following conditions: PLANNING COMMISSION RECOMMENDATION this _Z:�bday of 19,5q, subject to the CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this day of amendment: Chairman 19 , with the following P/I Form No. 18 (over please) Clerk CITY OF , ;J CENTER PLANNING COMI,.�,.--To APPLICATION Application No. Please Print Clearly or Type Street Location of Property ,6':;32 9 y>y ^ 047-11 Broo41W Legal Description of Property :8--1/,we, s OwnerDSG` Address .g'3z9 `��'� SST.ee,T "wV_� Phone No. _mil-,-177 Applicant A&f4z A.vy 21 zz-47W Address sreG7-,rbe1O� Phone No. s'G/-8z77 Type of Request: Rezoning Variance ,/ Special Use Permit Subdivision Approval Site & Bldg. Plan Approval Other: Description of Request: fo.0 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 $ s-o. °tD Applicant's Signature Recei pt No. 2 O 0 cJ Date:101.1 ��1►a�p Dates of P.C. Consideration: Approved Denied following conditions: PLANNING COMMISSION RECOMMENDATION this day of Dates of Council Consideration: Approved Denied this amendment: CITY COUNCIL ACTION day of 19 , subject to the Chairman 19 , with the following P/I Form No. 18 (over please) Clerk CITY OF BROOKLYN CENTER PLANNING COMMISSION 6301 Shingle Creek Parkway NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, December 7, 1989 at approxi- mately 7:30 p.m., at the City Hall, 6301 Shingle Creek Parkway to consider the petition described below: TYPE OF REQUEST: Special Use Permit PETITIONER Mary Ann Ziebarth PROPERTY NAMED IN THE PETITION: 5329 4th Street North Legal Description: North 1/2 of Lot 8, Block 2, Bellvue Acres BRIEF STATEMENT OF CONTENTS OF PETITION: Special use permit to conduct group dance/baton twirling lessons as a home occupation. Respectfully, Ronald A. Warren Planning Commission Secretary Planning Commission Information Sheet Application No. 89025 Applicant: Mary Ann Ziebarth Location: 5329 4th Street North Request: Special Use Permit The applicant requests special use permit approval to teach group dance lessons in the basement of her residence at 5329 4th Street. The property in question is zoned R2 and is bounded on the east by 4th Street North and I94, and on the south, west, and north by single-family homes. Group instruction of up to ten pupils at a time is classified as a special home occupation in the City's Zoning Ordinance and requires the approval of a special use permit. Ms. Ziebarth has conducted this home occupation in her home in the past. A special use permit was approved under Application No. 84014. Her business prospered and she moved it to the Northbrook Shopping Center for a couple years. She now wishes to relocate back into her home and operate essentially as she did previously. Under Section 35-220 of the Zoning Ordinance, special uses which are abandoned for one year expire a year following abandonment. A new permit is, therefore, required. Ms. Ziebarth has submitted a letter (attached) which outlines various aspects of her proposed home occupation. The letter notes that classes will be conducted in the lower level of the home. Entrance and exit will be through a door located on the side of the home. Parents will be instructed to park in the driveway. or on the street in front of the residence or across the street where there are no residences. She proposes to conduct classes weekday evenings and Saturday mornings (no exact times have been specified) . The classes will be at least 30 minutes apart to avoid traffic congestion. The maximum class size would be 10 students (this is the maximum allowed by ordinance). Most classes would have 7 or 8 students. Ms. Ziebarth notes that the lessons will cover ballet, tap, jazz and baton twirling. She recognizes that she will have to comply with any improvements required by the Building Official. She also points out that parents are asked to limit class viewing to the first lesson of the month. Therefore, cars would not be parked constantly on a regular basis. She concludes by stating that she has 40 students who are willing to follow her to her home location. The minutes of the City Council consideration and action on Application No. 84014 are attached for the Commission's consideration. The areas that deserve attention in this case are parking, hours, and any improvements required by the Buillding Official. On -street parking was acknowledged in 1984 in front of the applicant's property and across the street where there are no residences. On -street parking is comprehended by Section 35-406, Subsection 7 of the Zoning Ordinance when consideration is given to the Standards for a Special Use Permit (Section 35-220.2) and to the following: 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 We feel the applicant needs some on -street parking to conduct her home occupation and the allowance for limited on -street parking contained in the original conditions of approval is reasonable and appropriate. The same condition should be applied to this application. 12-7-89 -1- Application No. 89025 continued As to hours of operation, Ms. Ziebarth seeks to operate similar to the past, except that a Saturday morning class is to be added. The original application limited evening hours to no later than 8:30 P.M. We would recommend that this restriction be reinstated and that lessons be spaced at least 30 minutes apart to avoid traffic congestion. As to the Building Official's requirements, an inspection must still be made. It may be that an egress window would be required in the basement room to be used for the lessons. The Building Official will review the proposed occupancy in light of the Building Code and make a determination in the near future. Any required improvements should be completed before issuance of the special use permit and the beginning of classes. It should be noted that staff have received one note from a neighboring resident supporting the application. In general, the application is consistent with the home occupation approved in 1984. We recommend approval of this application as well, subject to at least the following conditions: 1. The special use permit is granted only for group instruction in the areas of dance and baton twirling in the lower level of the applicant's home. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The permit is subject to all applicable codes, ordinances, and regulations and any violations thereof may be grounds for revocation. 3. Classes shall be at least one half hour apart on weekday evenings and Saturdays and shall conclude not later than 8:30 p.m. 4. Class size shall be limited to no more than 10 students at a time. 5. The Building Official shall inspect the premises and all work required in the Building Official's report shall be completed prior to the issuance of the special use permit. 6. On -street parking shall be limited to the area in front of the applicant's residence and on the east side of the street. 12-7-89 -2-