HomeMy WebLinkAbout2005-014 - 5549 Brooklyn Blvd FULL PACKETCity of Brooklyn Center
Planning Commission Application
116 -1) 5-
Date Received
Address/Street Location of Property
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Application No. _
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Legal Description of Property �\ �,� ��l' `� t% peC S4r
Owner Phone No.'1 V �S -9 N3
Address '-{ 1 A/KOt. N I VA,,
Applicant I l Tf
Address 4 Big ` I
Type of Request: ❑ Rezoning ($1050)
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❑ Subdivision Approval ($300)
❑ Planned Unit Development ($1800)
❑ Variance ($200)
riacrrintinn of Rarniac4-
FAX No.
Phone No.7� S-5 3 5- 27V,:?
FAX No.
1
Special Use Permit ($200)
❑ Site & Building Plan Approval ($750)
❑ Appeal ($200)
❑ Other:
Application Fee $ MCI Acct No. 10100-4403 Receipt No. J
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 statement, 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 will be in addition to the application fee described herein.
Withdrawal of the application will not relieve the applicant of the obligation to pay costs incurred prior to
withdrawal.
ApplicarA (Please Print) J Applidaht's Signature
City Use Only PLANNING COMMISSION RECOMMENDATION City Use Only
Dates of P. C. Consideration
Action Taken
-C Approved ❑ Denied this
following conditions:
day of „Z �o�, 20 , subject to the
Chairman
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CITY COUNCIL ACTION
Dates of Council Consideration
Action Taken
❑ Approved ❑ Denied this day of , biey" 20 , with the following
amendment: n
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Application Filed on 9-15-05
City Council Action Should Be
Taken By 11-14-05 (60 Days)
Planning Commission Information Sheet
Application No. 2005-014
Applicant: GiGi Yanis
Location: 5549 Brooklyn Boulevard
Request: Special Use Permit (Home Occupation)
The applicant, GiGi Yanis, requests special use permit approval to conduct a home occupation
that will involve customer traffic at her home, 5549 Brooklyn Boulevard. The property in
question is zoned R-1 (One Family Residence) and is located at the southwest corner of the
intersection of Northport Drive and the Brooklyn Boulevard frontage road. It is bounded on the
north by Northport Drive with C-1 zoned property on the opposite side of the street; on the east
by the Brooklyn Boulevard frontage road; on the south by R-1 zoned property containing a single
family home and a portion of the Northport School property; and on the west by R-1 zoned
property containing a portion of Northport Park. Home occupations that involve customer traffic
at the home are considered special uses requiring the granting of a special use permit by the City
Council following review and public hearing by the Planning Commission.
The applicant has submitted two written statements (copies attached) describing the home
occupation and explaining how it would operate. Ms. Yanis plans to give palm and tarot card
readings in the living room of her home on an appointment only basis to customers coming to the
residence. Her proposed hours of operation are between 9 a.m. and 9 p.m. She notes that there is
parking in the driveway and that no one else will be involved in the readings. She plans to have a
fire extinguisher available in the area where the home occupation is to be conducted and will
comply with any other requirements deemed necessary by the city. She has also provided a
sketch plan of the property showing the house and garage and driveway location on the property.
It should be noted that the applicant is already conducting such a home occupation on the
property as a "permitted home occupation" and has a sign, for which a permit was granted, on the
property. Her current operation does not allow customer traffic and the conduct of her business
is done away from the premises. The fact that she wishes to have customer traffic elevates the
home occupation to a special use permit, thus the application that is before the Planning
Commission.
The home occupation is obviously not a typical home occupation conducted within the city. It is
looked at much the same as a counseling business might be and the volume of customer traffic
might be akin to that of a home beauty shop, both of which are considered special home
occupations and have been granted in the past by the city. The zoning implications of this home
occupation are considered the same as a counseling or beauty shop operation. It should be noted
that it has been stressed to the applicant that the home occupation and associated customer traffic
should be done on an appointment only basis to limit the amount of traffic associated with the
9-29-05
Page 1
business. The Yanis' have a double wide driveway which should be able to provide off street
parking for four vehicles. No on street parking associated with the home occupation should be
allowed. Thus, the emphasis on the business being conducted on an appointment only basis.
The home occupation can be considered a low key operation if operated in the manner described
by the applicant. Concern has also been expressed to the applicant with respect to the fact that
there should be no over the counter sale of merchandise with respect to this activity or any other
activity in the home.
Attached for the Commission's review is a copy of the definitions for home occupation and home
occupation, special contained in Section 35-900 of the City's Zoning Ordinance and also a copy
of Section 35-406 regarding requirements for special home occupations. Attached also is a copy
of Section 35-220, Subdivision 2 of the Zoning Ordinance, which are the standards for special
use permits.
Special home occupations are defined as any gainful occupation or profession carried on within a
dwelling unit or any permitted accessory buildings or installations 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. The main
concern with this special home occupation is the potential for creating traffic within the
neighborhood. Given the comments made by the applicant and the proposal for an appointment
only basis and the ability to park on site rather than on street, should make this home occupation
tolerable. The fact that the activity proposed to be conducted may be objectional to some is not a
zoning related matter and should not be a basis for denial.
It is recommended that the Building Official review the home and property for any
recommendations that may need to be made.
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 low key, if operated in the manner described by the applicant. Again, no over
the counter sales of merchandise should be offered as part of this home occupation. Approval of
the special use permit is recommended subject to at least the following conditions:
The special use permit is granted for a home occupation involving customer
traffic related to palm and tarot card readings to be conducted on an appointment
only basis at 5549 Brooklyn Boulevard. The home occupation may not be altered
or expanded in any way no comprehended by this application without first
securing an amendment to the special use permit
2. The special use permit is subject to applicable codes, ordinances and regulations.
Any violation thereof may be grounds for revocation.
9-29-05
Page 2
3. All parking associated with the 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.
4. • The hours of operation shall be between the hours of 9 a.m. and 9 p.m.
Customers shall be served on an appointment only basis.
5. The applicant shall comply with the recommendations of the Building Official
with respect to safety related matters following inspection of the property.
6. There is no over the counter sales of merchandise comprehended through the
granting of this special use permit. Any sales related to this home occupation
shall be conducted off premises.
9-29-05
Page 3
08/13/2005 k5:52 FAX 6515522310 MIDWEST GUARANTY
11007
File W. 027272
LEGAL : SEE •SCHEDULE A
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properly wins* 5549 BROOKLYN BLVD BROOKLYN CENTER
THIS IS NOT A "VEY NOR SHOULD THIS SE USED AS A URVEY TO LOCA79 FUTURE 1 UPROVSeNTS .
This drawing is for re*Identrol norig*ge Intornaltonal pupas** only. The InrornaileA reldltnq
To rh* properly dineeslons is based upon the recorded plot or naps in Ihn Bounty recards_The
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June 23, 2005
Gigi Yanis
5549 Brooklyn Boulevard
Brooklyn Center, MN 55429
RE: Home Occupation at 5549 Brooklyn Boulevard
Dear Ms. Yanis:
This letter is a follow up to a recent conversation I had with you and your son regarding the
city's ordinance provisions for home occupations and your desire to operate one at the above
addressed property. You had indicated that the home occupation would involve the selling of
crystals and the reading of cards. It is my understanding from our conversation that these
activities would not take place at the above premises. The home would be used as a base for the
business, where recordkeeping, phone conversations, etc. would take place. There would be no
customer traffic or sales of merchandise from the home.
I have reviewed with you and your son the provisions of the zoning ordinance relating to home
occupations and special home occupations and the distinctions between the two. The type of
business that you are proposing can be conducted as a "permitted home occupation" provided
there is no customer traffic coming to the home associated with the business. If you can operate
the business in this manner and do not require customer traffic, no formal approval by the City is
required. You have assured me that you would be originally operating your business in this
manner, away from the home at flea markets and other types of activities such as this. You had
also inquired about having a sign to advertise the business at your home.
I have requested that you provide me in writing a confirmation with respect to how your home
occupation will be operated. If it is operated in the manner that can be considered a "permitted
home occupation" we will issue a permit for a sign, not to exceed 6 sq. t. in area. The cost of
the home occupation sign is $50.
The status of your home occupation could change if activity levels in your business increase such
as having customer traffic, the employment of a non-resident to work out of your home in
conjunction with the business or the use of an accessory structure in the conduct of your home
occupation. It must be stressed that no retail sales of merchandise may take place from your
home under any circumstances.
Enclosed is a copy of Section 35-406 of the Brooklyn Center Zoning Ordinance and a copy of
the ordinance definition from Section 35-900 pertaining to special home occupations for your
review. It should be noted that a special home occupation is a gainful occupation or profession
carried on within a dwelling unit or permitted accessory building by a family member residing
within the dwelling unit which must be clearly incidental and secondary to the residential use of
the dwelling unit or accessory structure. A special home occupation requires a special use permit
5549 Brooklyn Blvd
Page 2
from the Brooklyn Center City Council. If your home occupation escalates to the point of
requiring a special use permit, you will need to obtain a special use permit from the city.
To receive consideration of a special use permit, you must submit a Planning Commission
Application (attached), a non-refundable fee in the amount of $200 and a letter containing at
least the following information:
• Nature of the activity.
• Location in home where the proposed home occupation is to be conducted.
• Proposed hours of operation of the home occupation.
• Parking space available on your property.
• Any non-resident employee which may be involved in the home occupation.
• Any safety measures such as fire extinguishers in the area of the home occupation.
• Expected signery (limit is 6 sq. ft. in area).
• Any other information you believe is pertinent to your request.
This information, the application and fee must be submitted to the Community Development
Department at City Hall at least two weeks prior to a Planning Commission regularly scheduled
meeting. Attached for your review is a copy of the 2005 Planning Commission schedule for
hearing special use permits indicating dates of meetings and application deadlines. If an
application is submitted and has been accepted, it would be placed on the Planning Commission
agenda, a staff report would be prepared and notices of a public hearing would be sent to owners
of property within 150 ft. of your property. The Planning Commission holds a public hearing
and makes a recommendation to the City Council. The City Council makes all final decisions on
special use permit applications. Approval is always subject to certain conditions and restrictions.
The applicant's presence is required at all Planning Commission and City Council meetings. It
may be necessary to have the Building Official and/or Fire Chief review your property and make
various safety recommendations.
If your home occupation escalates to a point where you wish to pursue a special use permit in
order to have customer traffic at your home, it would be advisable for you to meet with me to
discuss further your submitting an application. Please contact me prior to submitting any
application for a special use permit. If you have other questions regarding the ordinance
provisions or procedures for obtaining a special use permit, or questions regarding a permitted
home occupation, please contact me at 763-569-3300.
Sincerely,
Ronald A. Warren
Planning and Zoning Specialist
RAW:rsc
Enclsoures
06/13/2005 1.5:52 FAX 6515522310 MIDWEST GUARANTY
File W. 027272
LEGAL :SEE•SCHEOULE A
30 SCALE
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PROPERTY SKETCH
ACCESS INFORUATION SYSTEMS
(Th 1 5 is not a Survey)
184"
200.00'
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Frwriyw ns 5549 BROOKLYN BLVD BROOKLYN CENTER
THIS IS NOT A SLRVEY NOR SHOLL D THIS 6E USED AS A 5lRVEY TO LOCATF FU7LRE I iAPROVEUENTS .
This drawing is for rostdsntrat norlgo0e Inrornoltonal pupa 5*1 only. Thg tnformallon totaling
to Ihg properly dimensions is bused upon the recorded plot or naps In the county records -The
Inprovenent location ono 01men5tons shown ore opprostnole and basso upon a visual inspection.
City of Brooklyn Center
Sign Permit Application
Community Development
Department of Building Safety
Permit No:
Site Address
_ r: .k
Date of Application: (t�
Tenant Name
& Contact (For commercial only)
Applicant is:
❑ Contractor er
Name
Property
Owner
Address _ , `'E n )
City nr� �C I �/� C F u��
State I\J1 Zip Code
Phone ell.3 S _
Work/Office L�
Signhanger
Company Name .
Contractor
Contact Person
Phone
City Issued
Address
License
Required
City
State Zip Code
Electrical
Company Name
Contact Person
Contractor
Note: Electrical work requires a separate electrical
permit
Size of Sign: Width Height Total Square Feet _ Lighted? Yes V No
Location on Property (Freestanding Signs Require a Site Plan: 2#j Vwcy AtsQewakf y.J
Type of Sign (Wall, Freestanding, Canopy, etc.) - 4-A P c\
Sq. Ft. of Wall Supporting Wall Sign:
Gross Floor Area of Building for Freestanding Sign:
Height Above First Floor Elevation:
Sign Message:
List all Existing Signs on Property:
Sign Tyee Size Location on Property Message
The undersigned acknowledges that this application has been read and t t the above information is correct and agrees
to comply with all ordinances, laws and applicable codes of the City of klyn Center and the State of Minnesota.
Applicant Named Signature: ' ��' Aa��.��
(Pt ase Print)
Permits must be submitted in person or mailed Permits will not be accepted via e-mail or fax.
Permit Type
060 Wall
063 Canopy
❑ 66 Home Occupation
061 Freestanding
❑ 64 Projecting
❑ 99 Undefined
❑ 62 Roof
❑ 65 Directional
Work Type
❑ 90 New
❑ 93 Remodel/Alter
0 96 Replace
❑ 91 Addition
❑ 94 Repair
❑ 99 Undefined
Required
❑ Final
❑ Footing
Sign Permit Fee Calculation:
Signs 50 sq. ft in area or less [$50.00]
Each additional 50 sq. ft. of gross area
(or fraction thereof) [$15.00]
Footing Inspection Fee [$50.00]
Minimum Fee [$50.00]
TOTAL PERMIT FEE $
Special Conditions/Remarks: !6 F ♦ &&S / *AA tit d Y 4EbtCFAA0
Cbaawa.-r or Mome CeNsr&z&^ r ty t r•♦ 400to 4mri
v a o 403 .tt wa ., arc �
CMWAA 'A •+ a �u
Required Approvals: Signature Date
Building/Zoning Official1- i;;�;; G O�
Entered By
Permits must be submitted in person or mailed. Permits will not be accepted via e-mail or fax.
6301 Shingle Creek Parkway - Brooklyn Center MN 55430-2199 - 763-569-3330 *FAX. 763-569-3360
www.ci ofbrooklyncenter.org May 2005