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Home My WebLink AboutPC8004 - 1/10/80 - 5338 Emerson Avel� PLANNING COI lNMSION FILE CHECKLIST 6 File Purge Date: f 9S FILE INFORMATION Planning Commission Application No. 8ovoµ PROPERTY INFORMATION Zoning: PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document TvAe Date Range Location Agenda Cover Sheet: Planning Commission Agenda Book Minutes: Planning Commission �/6/80 City Vault Minutes: City Council 112F1gD &Wed City Vault z/ZS�Bo Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault Historical Photographs: Planning Commission City Archieve CITY OF l�1 iJUr;l,`ill C! ld! i It PLANNING C01I.MISSION' j"01014iCi APPI.Jual"M Application No. 80004 Please Print Mea,rlz or Street Location of Prop^_rty 5338 Emerson Avenue North Legal 9c;cription of Property Lot 24 & Nz of Lot 23, Block 4, N E Perkins Add. ner William Norenberg Address 5338 Emerson Avenue North Phone idt-). 560-7399 Applicant same Address Phone No. Type of Request:: Rezor; i nq Subdivision ,",?proval Variance Site & 1`1dU. P!an F,pi;; oval X Special Use Permit Other: Description of Reques-t: Special Use Permit for a home occupation Fee $ 25.00 52278 - . _..__. .. A ��7�d.ni� Siyi'+u�i�i"ti�___.__�_.._____ December 27, 1979 Wte PLANNING Date: of P.C. Consideration: A „ved D.,nied this i"' day of 19 "`. sUbj,,,Ct :u 'iin f011c,;; ing cap•;d` _?ons: Cha7 r•i;,an CITY COUNCIL 1 Dates cf COUTIC11 Consiccr;;t;on: Oel;;ed this day of � 19 ,f�.J, with Olt,, fol icii,.i;"t�l a,r��nd,�r�►� t : / C:1`t. 1' nning Commission Information Sheet Application No. 80004 Applicant: William Norenberg Location: 5338 Emerson Avenue North Request: Special Use Permit/Home Occupation The applicant requests special use permit approval for a home occupation to build kitchen cabinets in his garage, at 5338 Emerson Avenue North. The applicant has submitted a letter (attached) describing his proposed use. In it, he ex- plains that no sales of cabinets would be made from his residence; that hours of operation would be from 5:00 p.m. to 10:00 p.m. Monday through Friday, and 9:00 a.m. to 6:00 p.m. Saturdays; and that the garage in which the activity will take place has no windows and is insulated and sheetrocked. The work would involve machine operation about 40% of the time. The proposed use is subject to special use permit approval because it involves manufacturing with the use of equipment not normally found in a home and because the activity is carried on in an accessory structure. Such uses are permissable provided the activity: "is clearly incidental and secondary to the residential use of the premises, including the dwelling, and permitted accessory buildings or installations thereon; does not produce light glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not consist of over-the- counter sales of merchandise produced off the premises." (Section 35-900 attached). The provision that the activity be clearly "incidental and secondary to the residential use of the premises" has been interpreted in the past to mean that more area in any accessory structure must be devoted to residential than occupational use. This was the ruling of the City Council in the case of Mr. Charles Greenwood of 5043 Drew who operated a printing business in his garage (Application No. 75009) and in the case of Mr. R. J. Patterson of 3800 Commodore Drive who did small engine repair in his garage (Application No. 74053). As to the issue of noise, the Council has generally considered repeated complaints from surrounding residents to be grounds for denying or refusing to renew a special home occupation permit. The City Council has also typically forbidden outside storage of materials pertaining to the occupation as a con- dition of approval. The essential purpose of these regulations is to preserve the residential character of neighborhood and to protect against any erosion of the property rights of adjacent property owners. The Building Official reviewed the premises on January 4 and reports that the garage is fully sheetrocked and the walls insulated. He notes that the double garage has ample room for one car and the applicant's wood working equipment. The equipment in the garage, in addition to bench tools, includes a band saw, table saw and turning lathe. He also notes that the insulated walls will provide some sound control and that he sees no apparent conflict between the applicant's proposed home occupation and the residential use. A public hearing has been scheduled and notices have.been sent. Approval of the special use permit should be subject to at least the following conditions: 1-10-80 yplication No. 80004 Page 2 1. The permit is issued to the applicant as the one engaging in the activity and is nontransferable. 2. The operation approved by the permit is subject to all applicable ordinances, codes and regulations, including the City's noise ordinance, and violation thereof shall be grounds for revocation. 3. The hours of operation shall be from 5:00 to 10:00 p.m. Monday through Friday, and 9:00 a.m. to 6:00 p.m. Saturday. 4. There shall be no outside storage of materials related to the home occupation on the premises. 5. The activity shall be clearly incidental and secondary to the residential use of the premises and shall occupy less than half the area of the accessory structure so that at least one car can be parked there. 6. 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