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HomeMy WebLinkAbout2005-001 - 6021 Bryant Ave FULL PACKET/t O Date Received City of Brooklyn Center Planning Commission Application Application No. c c . ' J '�( Address/Street Location of Property Qp`/ �� �.� Al / Al V E IV I ORroICL.YV CE-A/Tfk 1441. Legal Description ofsProperty I `7, �j�t7C, o� , �� l-�r52n' 5 3rd C ecru Owner GL f7AI N po /t/,4 L 1) ji up 1<,E Phone No. 76'3 Address 6-0;1 8( l,/AI7- ,Qtif //� 6RcokLYA1 GEATFI� /V Applicant G1 FIVIV r00AML-0 6Ar Phone No. Address Type of Request: F] Rezoning Description of Request: A/;l)-)r /,//) S Subdivision Approval Other: i Variance 1A I Special Use Permit go-le.of Site & Building Plan Approval �. e Application Fee $ /Da Acct No. 10100-4403 Receipt No. 7 C� 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. Applicant (Please Print) Applicant's Signature PLANNING COMMISSION RECOMMENDATION Dates of P. C. Consideration: Approved Denied this _ /,3 day of 20 , subject to the following conditions: Chairman r•iry COUNCri OCTIO Dates of Council Consideration: _ ? ' r r' Approved Denied __ this , "day of 20 ,' , with the following amanrimant- Application Filed on 12-23-04 City Council Action Should Be Taken By 2-21-05 (60 Days) Planning Commission Information Sheet Application No. 2005-001 Applicant: Glenn Kurke Location: 6021 Bryant Avenue North Request: Special Use Permit The applicant, Glenn Kurke, is requesting a special use permit to conduct a home occupation that will involve customer traffic at his home, 6021 Bryant Avenue North. The property in question is zoned R-1 and is located on the west side of Bryant Avenue North, midway between 60th and 6 1 " Avenues North. It is bounded on the north, west and south by single family homes and on the east by Bryant Avenue with single family homes on the opposite side of that street. 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, public hearing and recommendation by the Planning Commission. The applicant has submitted a letter (copy attached) explaining his proposed home occupation. He has run a small firearms business from his home for a number of years. The business involved repair and custom modification of firearms as well as legal sales of firearms from approved gun shows. Mr. Kurke has had a federal firearms license issued by the Bureau of Alcohol Tobacco and Firearms (ATF) for a number of years. This home occupation was considered a "permitted use" provided there was no customer traffic on the premises related to the home occupation and there were no retail sales of guns or other related merchandise that was produced off of the lot. It should be noted that there are other persons with ATF firearms licenses in the City operating under the same limitations. Mr. Kurke is in the process of renewing and upgrading his firearms license to manufacturing status, which would allow him to sell firearms he plans to custom build at his home. He will continue to also sell firearms at gun shows and through the Internet. These sales would not be conducted at his home. He will only sell firearms that he custom builds from his home. He will also still continue to service and repair firearms, which may also involve some customer traffic. 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 would be to sell only firearms he assembles or manufactures at his home, out of his home. He would continue to service and repair firearms from his home. Retail sales involving firearms produced off of the lot would be confined to gun shows and through the Internet, not requiring sale from his home. His home would also be a business address for his firearms business. I've had the opportunity to 1-13-05 Page 1 meet with Mr. Kurke and his attorney regarding the operation of this home business and they are prepared to abide by the City's regulations that only firearms assembled or manufactured on the site may be sold at his home. All other sales will take place off premises. To our knowledge, no ammunition other than that for his personal use will be stored on the site. Also, no gun powder will be stored there. Mr. Kurke indicates that the hours of sales involving firearms produced by him would be confined to Monday and Wednesday afternoons by appointment only. 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). As mentioned previously, Mr. Kurke has been involved in and licensed to sell firearms for some time. This has been known to the city staff and he is well aware of the regulations involving home occupations. We are not aware of any violations of city ordinances regarding home occupations. 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 will continue to keep his ATF firearms license current and abide by all federal and state regulations with respect to this activity. 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 6021 Bryant Avenue North and the service and repair of firearms in general. 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. 2. No retail sales of firearms or other merchandise not produced on the lot shall be allowed. 3. 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. 4. The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof may be grounds for revocation. 1-13-05 Page 2 5. 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. 6. The hours for retail sales of firearms that are produced on the premises are limited to Monday and Wednesday between 12 noon and 6 p.m. 7. 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 the city. 1-13-05 Page 3 Glenn D. Kud e 6021 Bryant Ave. N. Brooklyn Center MN. 55430 December 23, 2004 City of Brooklyn Center Planning Commission Dear Sir or Madam: My name is Glean Kurke. I have Wed at 6021 Bryant Ave N. for over forty years. For the past several years I have held a federal Firearms ficense ,and have ran a small firearms business from my home. This has involved the repair and custorn modficabon offirearms in my home workshop, as well as the legal sales of firearms from approved gun shows. At this time, my Federal Firearms license is up for reneAd. I am planning on upgrading to manufacture status. My plan is to manufacture a very small quantity of specialty rifiesfor a small group of select customers. I understand to be able to sell these custom built rifles from my home, I must obtain a special use permit Hours these sales would take place would be limited to Monday and Wednesday afternoon, by appointment only. very low activity levels. This plan would involve no signs, employees, or any changes to my property or buildings, as these limited custom rifles would be hand assembled by myself in my basement workshop. Also, my home is equipped with a very sophisticated alarm system, as well as several safes. None of my neighbors are aware of my business for security reasons. I urge you to approve this plan. I am physically disabled, and this home business provides my major source of income. If it is not granted, my lid will not be renewed, and I will be forced irto bankruptcy. Thank you for your consideration Sincerely, Glenn D. Kurke N � yt . d CZ o 0 c d % o tJ O � OL o 3 O d �► N �„� O V a $ v ;, Z •v OD d 3 �•�O s �O of i c10 m s 'o. _ m 40 CA 4- .+r MDOr q +- m 'O N N a b q 0- d G 3 * o 40, 00 v , d co wo o ri o N s z•,a � s d o o�� v H �_ © d s to ch o- ?� u d O H o N ri � �1 a4 a. N V' 's H r �C 00 LA W N �+ o, y CD CD AAC CD a, CDO- �t �. 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