HomeMy WebLinkAbout2006-002 - 5821 Camden Ave FULL PACKETCity of Brooklyn Center
Planning Commission Application
Date Received Application No. I-IWQ6 �d a
Please Print Clearly or Type
Address/Street Location of Property -� 1 t-
Legal Desorption of Property
v
v ,
Owner L-AMA,�A ,`jW Phone No. n 3 z6-- 0i C.
Address ,�-'? k (' 1 v 1 �Qr- ���L-iN -OWR FAX No.
Applicant 1 iDN1-'l Phone No. ZU- c'1I-
Address y I < ALQ K-� ,sa���(,�� '--Vti ?rnn�,' FAX No.
Type of Request: ❑Rezoning ($1050) L-I$pecial Use Permit ($200)
❑ Subdivision Approval ($300)
❑ Planned Unit Development ($1800)
❑ Variance ($200)
❑ Site & Building Plan Approval ($750)
❑ Appeal ($200)
❑ Other:
Description of Request: .-I S2e--, 1 -1 p G re\-1 A
!3m El I _ . CA, , UIJoo� 0 R,iC.1-Jn C;
Application Fee $ 2 GCS Acct No. 10100-4403 Receipt No.
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 oblig tion to pay costs incurred prior to
withdrawal.
S:y
Applicant (Please Print) Applicant's Signature
City Use Only PLANNING COMMISSION RECOMMENDATION. City Use Only
Dates of P. C. Consideration 3 _ a - O
Action Taken
Approved ❑ Denied this day of 20 c , subject to the
following conditions:
r
Chairman
----------------------------------------------------------------------
CITY GOUNGiL AC T iON
Dates of Council Consideration
Action Taken
Lpi Approved ❑ Denied this ! 3 day of 20 with the following
amendment:
Clerk
d d
7 } C7 _
ts► � !� a
V- d
o�
d f >-0 c
o OL a d
of 3 �4r ZW
�%-00
o� N 'ge d v-
d w• CO o
00
V Y '.jr E •� i CA A -
Or
V d `4
Cp '. "O N 4'
yr �' t
'4 s L
Lv citr
V ONF; t9 Ct
} 7 N N
Ql t �
Cif � .........
o M► O a- a
� � v N 4 •0 0
0
r
Application Filed on 2-16-06
City Council Action Should Be
Taken By 4-17-06 (60 Days)
Planning Commission Information Sheet
Application No. 2006-002
Applicant: Adam Swan
Location: 5821 Camden Avenue North
Request: Special Use Permit (Home Occupation)
The applicant, Adam Swan, is requesting Special Use Permit approval to conduct a
woodworking home occupation in the garage at his residence, 5821 Camden Avenue North. The
property in question is zoned R-1 and is located on the west side of Camden Avenue, three
houses north of 58t" Avenue. It is bounded on the north, west and south sides by other single
family homes and on the east by Camden Avenue with single family homes on the opposite side
of that street. Home occupations that involve the use of an accessory structure on the property
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 along with his application explaining that his proposed home
occupation will involve woodworking, cabinetry and furniture making in his garage. He
proposes hours of operation between 9 a.m. and 5 p.m., Monday through Friday. He explains
that there will be no business related traffic, no regular deliveries, no customer related traffic or
parking and no non-resident employee involved with his operation. He is the sole occupant of
5821 Camden and will be the only one involved in the woodworking business on the property.
He will have two fire extinguishers located in the workshop and he has been trained in the
standards of shop safety. He plans no sign on the property to advertise his business and all
storage related to the woodworking operation will be contained within the garage.
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,
Section 35-405 and 35-406 regarding additional requirements for home occupations and home
occupations, special (also attached).
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. Some of 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. Other concerns may relate to the potential for traffic within the neighborhood. Given
the comments from the applicant in his letter it does not appear that there will be a lot of traffic
associated with the home occupation. No deliveries are proposed, no customer traffic is
anticipated and, therefore, there should not be a great impact with respect to the applicant's
3-2-06
Page 1
proposal. There may be the use of some equipment that is not customarily found in a residential
dwelling such as saws, planers, or other woodworking equipment. The applicant should provide
a listing of such equipment that he is proposing to use in his home occupation. Reasonable
reassurances should also be granted that noise will not become a nuisance in the neighborhood.
The hours of operation proposed by the applicant seem to be appropriate and should not lead to
disturbances either later in the day or earlier in the morning.
Attached also for the Commission's review is a copy of Section 35-220, Subdivision 2 of the
Zoning Ordinance which contains the Standards for Special Use Permits. It is not anticipated
that the proposed home occupation as indicated by Mr. Swan would be in conflict with the
standards outlined in the Zoning Ordinance.
It is recommended that the Building Official review the garage and property proposed for the
Home Occupation 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 acceptable if operated in the
manner described by the applicant. Approval of the special use permit is recommended subject
to at least the following conditions:
1. The Special Use Permit is granted for a woodworking home occupation involving
the use of an accessory structure on the property. Said home occupation will
involve woodworking, cabinetry and furniture making. 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.
2. The Special Use Permit is subject to applicable codes, ordinances and regulations.
Any violation, thereof, may be grounds for revocation.
3. All vehicle parking associated with the home occupation shall be off street on
improved space. 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.
4. The hours of operation shall be between 9 a.m. and 5 p.m. Monday through
Friday.
5. All materials and equipment associated with the home occupation shall be stored
indoors. There shall be no outside storage associated with this home occupation.
2-13-06
Page 2
6. The applicant shall comply with recommendations of the Building Official with
respect to safety related matters regarding the location and operation of this home
occupation.
7. The applicant shall provide appropriate fire extinguishers in the area of the home
occupation per the recommendation of the Building Official.
2-13-06
Page 3
Adam K. Swan
5821 Camden Avenue North
Brooklyn Center, Minnesota
Aswan325@Aol.com
763-226-9130
February 14, 2006
City of Brooklyn Center Planning Commission
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: Special Home Occupation/ Special uses permit - Cabinetry and Furniture Making
Dear Distinguished Members of Brooklyn Center's Planning Commission and City Counsel:
I write in regards of my wishes to open a small woodworking shop based out of my garage. I began
my carpentry career at a young age, utilizing the skills handed down to me by my grandfather. I am
currently employed as Shop Foreman for a Minneapolis based design and fabrication studio, however
I believe I posses the knowledge and ambition to open my own business. I have outlined any
pertinent information you may need to consider:
• Nature of activity- Woodworking, cabinetry and furniture making.
• Location- The business in question will be conducted out of the garage (see enclosed photo of
property. Photo courtesy of Ronald Warren, Planning and Zoning Specialist, City of
Brooklyn Center.) located at:
5821 Camden Avenue North
Brooklyn Center, MN 55430
• Hours of operation- Monday through Friday, 9:00 a.m. to 5:00 p.m.
• Parking/ business related traffic- No business related traffic will be present. No regular
deliveries, no customer parking, no non-resident employee parking etc.
• Employees- I, Adam Swan, sole occupant of 5821 Camden Avenue North, will remain the
only employee of the business in question.
• Safety- Two fire extinguishers will be present in the proposed workshop. One will be located
in the front of the shop and one will be located in the rear of the shop. Furthermore, I have
been properly trained in the standards of shop safety.
• Signery- No sign of any kind will be present on the property.
• Storage- All business related storage will be contained within the garage.
I am proposing a very discreet business which will not disturb my property or my neighbors. I simply
request the opportunity to make a living doing what I love.
Thank you for your time and considerations. I look forward to your response.
Sincerely,
f
Adam K. Swan
City'of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody,
FROM: Michael J. McCauley, City Manager
DATE: February 8, 2006
iesen, and O'Connor
SUBJECT: Eave Encroachment on Side Yard Setback and Garage Heights
Attached is a copy of a review of the issue raised by Mr. Joel Wilson of 5649 Fremont Avenue
North. As indicated in the February 2, 2006 Memorandum, the average width of eaves has increased
since the side yard setback code was adopted which permits an eave to encroach only 12 inches into
the side yard setback. In this review, the Building Official also raised the issue of garage height due
to a change in roof styles. The matter is on the Council agenda for direction on whether the Council
would like to ask the Planning Commission to review the width of eave encroachment on side yard
setbacks and/or garage roof height.
6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityo f brooklyncenter. org
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor
From: Michael J. McCauley
City Manager
Date: February 2, 2006
Re: 5649 Fremont Avenue North
Situation
As Mr. Wilson outlined, the foundation was placed prior to submission of the application
for the house. The building official noted that the plans called for an overhang (eaves)
that was wider than would be allowed for set back purposes. This was noted on the plans
and an modification at the factory was anticipated by City staff. The contractor however
received delivery of the house with 18" eaves that encroached 4" into the side yard set
back.
A similar situation exists at 5421 Fremont where the contractor is in the process of
correcting the encroachment.
Applicable Code
Section 35.400 Subd. 3c applies to this situation and requires that no part of any roof or
appendage to a structure. project more than one foot into the minimum side yard set back.
There are different setback requirements based on type of structure and the presence or
absence of windows.
The building code allows a lesser distance for side yard setback than does the zoning
code.
options
Staff cannot waive the requirements of the zoning code. Relief from application of the
zoning code can occur under two circumstances:
- a variance processed through the Planning Commission and approved by the
City Council; or
- amendment of the zoning code.
Observations
The building official has indicated that the typical house built when the zoning codes
were likely adopted had a one foot overhang. Current construction is more likely to have
6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
an 18" to 24" overhang. Based on a less restrictive building code, an amendment to the
zoning code to reflect current widths would be permissible and possibly desirable.
The building official also advised that we may wish to review the height for garages since
.people are driving taller vehicles and building styles have changed to higher pitched roofs
than were the norm in the 60's and 70's.
Conclusion
Based on the discussions with the building official, I would recommend that the City
Council request the Planning Commission review Section 35-400 Subdivision 3c. It
seems reasonable to allow a longer overhang on a building that otherwise meets setback
requirements. I would also recommend that the Planning Commission be asked to review
the height limitations of garages in light of changed building styles.
As it relates to Mr. Wilson, the options are to apply for a variance, which would be
difficult to obtain since the criteria for a variance generally require a hardship not of the
land owner's making. While Mr. Wilson didn't create the problem, it is an issue related to
his construction not meeting the zoning code. A copy of the Standards and Prcedures for
Zoning Ordinance Variances is enclosed. The other option, if the City Council wished to
consider a review of the applicable sections, would be to defer potential enforcement
actions to compel compliance with the zoning code pending a review of a possible
amendment of the zoning code. Thus, if the code were amended, Mr. Wilson's property
.would not be non -conforming.
Mr. Wilson is receiving a copy of this memorandum and attachment with notification that
the matter will be placed on the February 13`h City Council Agenda for direction on
referring a possible ordinance change to the Planning Commission.
Page 1 of 1
Ron Warren
From: Ron Warren
Sent: Friday, February 03, 2006 9:56 AM
To: Michael McCauley
Cc: Brad Hoffman; Larry Martin
Subject: Side Yard Setback Requirements - 5649 Fremont Avenue N
I've been requested to provide follow-up information to my 1/30/2006 memo relating to side yard setback
requirements as they relate to 5649 Fremont Avenue N.
The Zoning Ordinance at Section 35-400 (Table of Minimum District Requirements), requires a minimum 10 foot
side yard setback for a principal building in a R-1 zoning district. Side yard setbacks for accessory buildings are
3'. Setbacks are measured from the side interior property line to the building wall. Section 35-400, Subdivision 3b
allows varying side yard setbacks in certain cases and states... "In the case of permitted one family dwellings, the
dwelling may be located less than ten (10) feet, but no less than five (5) feet, from not more than one (1) of the
established interior side lot lines, provided: (1) All other yard setback requirements are met; (2) The remaining
minimum ten (10) foot interior side yard, between the dwellings and the lot line, shall not be used for any
accessory building; (3) The exterior wall of the dwelling, facing the interior side yard of less than (10) feet, shall
contain no openings including doors, or windows, or provision for mechanical equipment."
5649 Fremont is a single family residential lot, 87' wide by 128' deep. Permits were issued for the demolition of an
existing house and the construction of a 27.33' by 56' foundation on 11/3/05. The site plan showed that the
foundation would be setback 10' from the south interior property line and 21' from the north interior property line.
The plan for the full building permit was submitted later and following discussion and clarification on the length of
the roof overhang, the contractor was advised that the maximum encroachment allowed into the 10' setback for
the overhang was 12". The full building permit for the construction of the house was issued on 12/22/05 on that
basis.
As noted above, there are varying side yard setbacks allowed for principal buildings. 10' is required at least on
one side of the building. A setback of less than 10', but no less than 5', is allowed on other side provided there are
no openings including doors, windows or provisions for mechanical equipment on the side less than 10'. An
overhang would be allowed to encroach one foot into that setback. Any more of an overhang encroachment would
mean that the building wall would have to be setback proportionately from the interior lot line. An exception to that
would be if there were no openings on that side of the building.
The house was manufactured off -site and delivered with a 16 overhang which, when set onto the foundation,
creates a 4" encroachment into the side yard setback requirement. The contractor has been advised to correct the
encroachment by reducing the overhang by 4". This is the same type of correction given to the contractor of the
manufactured house being constructed at 5421 Fremont where a house with an 18", rather than a 12", overhang
was delivered. He is in the process of correcting that encroachment by appropriately reducing the overhang.
Yard setbacks have long been held to be legitimate forms of land use regulation provided they reasonably relate
to a recognized public purpose. Many court cases have been decided over the years which have solidified there
use. Setbacks afford room for lawns, trees and open space; keep dwellings apart from dust, noise and fumes; add
to the attractiveness and comfort of a residential district; reduce fire hazards; allow light and air between adjacent
buildings. Side yard setbacks in particular allow space between lots for fire protection and provide the ability to get
fire fighting equipment into rear yard areas. All of these points are justifiable reasons for setbacks.
The current side yard requirements and the one foot overhang encroachment have been in existence in Brooklyn
Center for many decades. The ability to have the varying side yard setback for a principal building was adopted
by the City Council around 1975.
You have also requested information regarding the criteria for obtaining a variance. I've forwarded you a copy of
the "Standards and Procedures for Zoning Ordinance Variances" which is an informational handout provide to
persons wishing to pursue a variance. This sheet cites the four standards, all four of which must be meet in order
for the City Council to grant a variance.
I hope this information is beneficial to you. If you need additional information or comments, please contact me.
7 /12 /1nnl<
Page 1 of 1
Ron Warren
From:
Ron Warren
Sent:
Monday, January 30, 2006 4:12 PM
To:
Brad Hoffman
Cc:
Larry Martin
Subject: Side Yard Setback Requirements for Overhangs
You have requested comments from Larry Martin, Building Official, and myself regarding the side yard setback
requirement for overhangs particularly as it relates to 5649 Fremont Avenue North. The contractor building the
house at this address has been advised that the overhang extending into the side yard exceeds what is an
allowable setback encroachment by 4 inches and must be corrected.
Section 35-400, Subdivsion 3c of the Zoning Ordinance states The setback distance shall be measured from the
exterior wall of the building, and no part of ant roof cornice or any appendage to the structure shall project more
than one (1) foot into the minimum side yard setback."
The side yard setback distance varies depending upon whether a building is a principal building or an accessory
building and certain other circumstances. However,once the setback has been determined, an overhang is
allowed to encroach into that setback by only one foot.
The situation at 5649 Fremont came about because the house was a manufactured home constructed off site and
because the permit was issued in two parts. The first part was for the foundation, the second part was for the
remainder of the building. When the Inspector became aware of the overhang encroachment at the time the plans
for the full permit were submitted, the plans were noted and a correction was expected. The overhang was to be
reduced by 4 inches. The house was delivered with a 16 inch overhang and the contractor was advised to cut 4
inches from the overhang.
A similar situation exists for the manufactured home being constructed at 5421 Fremont. That house was
delivered with an 18 inch overhang. The contractor was advised and is in the process of correcting the
encroachment.
Modifications to the allowed overhang encroachment can only be made through the variance process which
requires review and public hearing by the Planning Commission and approval by the City Council upon a finding
that all four of the standards for variance contained in the Zoning Ordinance are met. The City Council also has
the option to amend the Zoning Ordinance to allow for a new overhang encroachment if they believe it is
appropriate.
The State Building Code is less restrictive with respect to side yard setbacks than our Zoning Ordinance. The
Building Official and I would caution, however, that any new standard should not exceed the standards
established by the State Building Code or allow overhangs to extend beyond property lines.
1 /'2!i/7M4
N
co;)
°
� r �
n
12-inches
5-feet 5-feet
Allowable minimums without windows
16-inches
With windows
16-inches
20et 9-inches it n I
v wit
Actual distance
Building Planning RevieQv
4i
s
n using
sign
lP
:olumn shall be
101.2(3)]. The
num depth of
¢e R301.2(6)
depending on
determined on a
Kbing Code.
lal.
f the first code or
unity, as may be
is 25°F (-4°C) or
;rwise, the
(99%) value on the
USA Method
and Map and
eons Flood
:ode
Step 3
If the exterior walls are located less than 3 feet from the lot lines, check for wall rating, openings and
projections.
• A 1-hour fire -resistive rating.
• Rating for fire exposure from both sides.
• No openings permitted (except for foundation vents).
• Projections beyond the exterior wall shall not extend more than 12 inches into areas where openings
are prohibited or a point one-third the distance to the lot line from an assumed vertical plane located
where protected openings are required, whichever is less.
PL
I
LESS THAN 3'- 0" TO
LOT LINE I SINGLE-FAMILY
I DWELLING
I
I
I i
MAXIMUM
` 12" OVERHANG
I PERMITTED
I
I
I
i
MINIMUM ALLOWABLE DISTANCES TO LOT
LINE WITHOUT FIRE RESISTIVE -RATED WALL
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
Partial Site Plan
Step 4
Check habitable rooms for minimum size. ..7 n (�
Space
Minimum Area
Horizontal Dimension
At least one room
120 square feet
7 feet
Other habitable rooms
70 square feet
7 feet
Kitchen
N.A.
N.A.
Bedrooms
70 square feet
7 feet
Bathroom
N.A.
N.A.
W
11