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HomeMy WebLinkAbout97-078 Home Occupation "~r,"""~~""~ _..~_. .'--"""=" ~ ~;lfti;;.,~},;'''lii,,~i.';:~'.:i~g~~t.r;'..'.. ,.. · . :~~~;~f~j~~~~(.'-:~~--::;~;.,. ~~~~..,. _"'~"'~-'~-~"--~";'''~''k' ',," ,,_' - :'0 ~.''t';':'"<;;:''''',:,~:;:,,, ." ..' . Identification No.o.25o:.:,:z.3b ';;,;:'OZoo :~~~;~ti~fh~~~i15fi~~oN" . "~<s~""'~0(}~~~:.:~::~~;:"" .; . ,^,;'ic:.;st::;","':;;:~~~r:f~~~ff.~~'.':'. .. .'......:-':'=:t.,. '. ';2.:..{2i/ 16200 Eagle Creek AvenueS.E. / Prior Lake. MiIinesot3.'55372-1714/ Phone (612) 447-4230, Fax (612) 447-4245 Type of Application: o Rezoning; from . (present zonin~) to (proposed zoning) o Amendment to .City Code, Compo Plan or City Ordinance o S~bdivision of Land o Admiiiis~tive' Subdivision o Conditional Use Permit Brief description of proposed project (attach additional sheets/narrative if desired) . :':'.Q55\'.~ ~ ~~f\~~f b~. c.uh9 ,~ ~\'i';8...LU': \-~ \f\' l(flbsO~ .~cl.\J>C~ :O~\'CJ6 l L 1')(. \'2. I 6>Yo.<J~' 'Statt tO~ o Variance Applicaple Ordinance Section(s): . ~' Other.{~cN'\l-' 6~~~~\"'(\'l APplicant(~):.?1:.:.:M.. .6~~.";""A.-.' M:.... .~cha. ..<2.....1 ..;.;;;:.'.........1J......:B.....A.... ~.'." ....k~A~ M. '.' Y~..' VM ....... Address:~\9 [):~,i"'liA '0c2'"--y7 ::'.;;:"KC"E'.:~"'~"> .. ..'. ,." .' . ~. HomePholle.: '>"441i4\ce;.. '. . ..",~~kJ>ltone:~ - R303 ....' '.'" prop~rtYOwn~:(S) [If~;rent fr';DtAPPlican~J ;::~~4 I A <' . '. " .~.:;~" Address:'. .- . . Home Phone: Work Phone: Type of Ownershi~: Fe~p~:::e'.. COI1~ctfor Deed~.:l{J;;,;'"~}.flurchase Agreement 1~;:;;'- To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I bave read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that aPflicac'OOs wiD oot be p~ces ootil med eomplete by the Plaoning Director or a"igJ;e. / ~ ~ ~ 13~ ~ Applicant's Signature . Date ~~ Fee Owner's Signature Date THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED ~ DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: --> <,- ,',- ;~" '. ;.{; . .."";';.'::.;;.;z:",,(S!;ii1~~~.:ii",.~..;.'.r. ....~..-.... Signature OfP-:=:~igne;'<~;;<<;.5~,,,;~~r...,,.'~"~:e". ,,:;--i...~j -;~'_': ',' - '.~ :. lu-app2.doc . -i,;!.....-:'.~,,-, ." ~:-7_~.0~:_:~.~ . _ . __!.d~~;.,:.~~i';~~~,.- f' ,,-,-'-'~:' :,:~__':~'-'- :~_ ';LI?f:tfJ..? RECEIPT DATE '7~3r97 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE S.E. PRIOR LAKE, MN 55372 PLANNING DEPARTMENT Received of M~,t. ~ C~ Thesumofl~~WO For the purpose of aOllars ~@cr,~ ~ $ (DIll? {t/~ '~..:.~~ ..'~'." .. - ,._'~ .:....-...,.".>.-.-, "> > < '...,.;' . ~ filE COP, January 4, 1998 Mark Michael 4190 Eau Claire Trail Prior Lake, MN 55372 RE: Home Occupation Permit Dear Mr. Michael, The Planning Department has reviewed your application for Home Occupation Permit. . Based on the information submitted, you meet the criteria for granting a permit. 1herefore, this letter serves as your approval to conduct the proposed home occupation as you have described in the application and letter dated December 29, 1997. Please be reminded that your home occupation cannot be visible from the street. Therefore, your business vehicle must be parked in the garage when not in use. Should you significantly modify your home business or under take in any additional businesses you must apply for another Home Occupation Permit. If at any time you are not in compliance with the criteria of Home Occupations, then corrective measures will be taken by the city to ensure compliance. You had requested a refund of the $75.00 paid in April. I have researched this and found no receipt or record of such a payment. The fee for home occupation in April 1997 was $10.00 and the fee for an appeal was $75.00. You appeal was received on January 13, 1997 of which there should have been a $75.00 fee. We have no record of receiving a $75.00 filing fee for the appeal. If you paid for a home occupation in April it would have been $10.00. Please provide me with a copy of the front and back of the canceled check. This will help the finance department to locate the payment. If you have a receipt for the payment, that would be most helpful as well. Please call me if you have any questions. Sincerely, iiluvuJ jvuw ~ Tovar Planner 16200 E!g)~~JMl$}wS:~~~7~iI~~~~btl:r.~W72-1714 / Ph. (612) 447A230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ... ........~~. ..- VEIDING "VENDINGS.ERVICES THAT LEAVE .VDUWITH A.GOOD .TASTE" Oecernber 29.1.997 City of Prior La~e Planning Department. 'Ms. Jenni Tovar 16200 Eagle Creek Ave. .S.E. Prior Lake. MN 55372 Dear Ms. Tovar, As requested fhayeenclOsed a few more details to assist.incompleting our appliCation for art in home occupationpef'mit. Purpose:' Our purpose ista maintain an office forM & MVendingat 4190 EsuClaire Tr. .N.E.. Prior Lake, MN,in Which..oo comple~ all administrative.activities required by the. business.. ,.In . addition. as.. previously discussed and . reviewed from a site inspection on September 2.1997 .We will be storing our truck at the same address as abOve mentioned,' including a few m~sc. . pieces of equipment aSobseNed onthe inspection date. As required by the upaatedcity ordinenceofMay t9Em. M& M Vendi'}gwill not warehouse any food items. for.resaJe at the above mentioned office $ite.Wewilt keep all equipment enclosed within the structure at ell times unless entering or exiting the structure.. The . home occupation will not be apparent from the street right of Way. The home occupation wit/be carried. on by persons residing. at the residence and not more than one ernpfoyeE! not residing at the residence. The home occupation will not be allowed 00 devote mer.e than ,ten percent of the floor area'or300..square feet. Which everwoutd be greater; No exterior signswillbedis~ayedon buildings or vehicles. Objectionable noise. odors, etc. will not be.discernibtefrom, any other customaryneighborhQOd..actMties.. Lastly, the in home businesS witl not create . excessive automobile traffic in the neighborhood. As we had talked about JennLI had . written acheckanAprif 28.1997 .for $75.00 also far a twmeaccupationpermit.We would like a refund for that. Thank you fnr your co-operationin this matter. t.... .S1~1r~\~ ~k\(.Michael P.D.BOX 657 Prior Lake. MN.55372 ... ,.~:;~~L,>~-. - FILE COpy December 17 1997 Mark Michael 4190 Eau Claire Trail Prior Lake, MN 55372 RE: Home Occupation Permit Application Mr. Michael, On July 31, 1997, the Planning Department received an application for a home occupation permit from you. We received the filing fee and a signed application. The application is incomplete. On Auguat 1, 1997 and October 8, 1997 we sent you a letter describing what additional information was needed to completed processing of you application. In order to continue processing the application we need the following: . A written description of the home occupation including how the eight criteria (A-H) will be met. We need verification that all ofthe requirements can/will be adhered to, including a floor plan indicating the area devoted to your home occupation. Based on the September 2, 1997 inspection of your garage, it appears you should be able to meet the current home occupation requirements. It is my understanding that your home occupation consists of the office. for M & M Vending. Please provide us with a written response as to how your home occupation will meet the home occupation criteria including a floor plan (you can draw this yourself or provide us with a copy of a professional plan). Ifwe do not receive the information by December 30, 1997, we will issue a refund of the fee paid and deny the application due to lack of information. If you have any questions, please contact me. I Sinc~ Jf0~ L1TOVM enclosure: August 1, 1997 letter including Home Occupation ordinance L:\97FILES\97HOMEOC\97 -078\12-17LET.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .,_,,_,.",>,~""-'<o...,....<..r__.....,.,.". FILE COpy October 8 1997 Mark Michael 4190 Eau Claire Trail Prior Lake, MN 55372 RE: Home Occupation Permit Application Mr. Michael, On July 31, 1997, the Planning Department received an application for a home occupation permit from you. We received the filing fee and a signed application. The application is incomplete. In order to continue processing the application we need the following: . A written description of the home occupation including how the eight criteria (A-H) will be met. We need verification that all of the requirements can/will be adhered to. Based on the September 2, 1997 inspection of your garage, it appears you should be able to meet the current home occupation requirements. It is my understanding that your home occupation consists of the office for M & M Vending. Please provide us with a written response as to how your home occupation will meet the home occupation criteria. Once we receive the necessary information, processing of your application will proceed. If you have any questions, please contact me. incerely, ''t'rVvt~jn~u enclosure: Home Occupation Ordinance 16200 EbgIP51e~R~'W~~Q.~~\l,0rVt~1~Q.C55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER fiLE COpy September 5, 1997 Suesan Lea Pace Campbell, Knutson, Scott and Fuchs, P A 13 80 Corporate Center Curve, Suite 317 Eagan, 1v1N 55 121 RE: Mark Michael Home Occupation Dear Suesan, On Tuesday September 2, 1997 an inspection of Mark Michael's residential garage, located at 4190 Eau Claire Trail, was completed. Jay Scherer, Building Inspector, and I found no warehousing/distribution of food/vending related products. There was an empty older unused pop machine and ice cream machine. Mr. Michael stated these were in need of repairlbeing repaired. Jay and I agreed, based on the condition of the machines, that they needed repair or were in the process of being repaired. Such a use (repair) meets the requirements of home occupation. After the inspection of his garage, Mr. Michael showed us his leased space at 16224 Main Avenue. The food/vending related products were stored there along with freezers/coolers for perishables. The vending business located at 16224 Main is a permitted use in that zoning district (B-2). Based on the inspection of Mr. Michael's residential garage and his leased space on Main Avenue, the Planning Department has determined that the illegal warehouse/distribution of retail merchandise produced off the site relating to Mr. Michael's home occupation has been removed from his residence to an appropriate zoning district. His home occupation is no longer in violation of City Code and we will continue to process his home occupation permit application. Please call me if you have any questions. Sincerely, OJ1HU ~iuuu '-t'i Tovar Planner c: Frank Boyles, City Manager Lvlark Michael, 4190 Eau Claire Trail 16200 ~lef&~\~~~g~~m69C{?c1~~R-Hf1JeP6ff55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQCA.L OPPORTL:"ITY EMPLOYER -- August 1, 1997 Mark Michael 4190 Eau Claire Trail Prior Lake, MN 55372 RE: Home Occupation Permit Application Mr. Michael, On July 31, 1997, the Planning Department received an application for a home occupation permit from you. We received the filing fee and a signed application. The application is incomplete. In order to continue processing the application we need the following: . A written description of the home occupation including how the eight criteria (A-H) will be met. We need verification that all of the requirements can/will be adhered to. Once we receive the necessary information, processing of your application will proceed. If you have any questions, please contact me. Sincerely, li/l)n4.~4~ {/!~/ j / V/I v \ 0;/ /(/'-' I , nni Tovar enclosure: Home Occupation Ordinance 16200 Ehg~7m~\a.'M:pS'~IM~P~~~e!M1~~Q5ta 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EivlPLOYER City of Prior Lake Ms. Jenni Tovar Planner, Zoning Dept. 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372 " July 31 ,1997 Dear Ms. Tovar: Our last written correspondence this past spring was to Jane Kansier indicating we had some very serious thoughts to consider. We first retained other legal counsel to assist us in our decision making process. Mr. Paul Anderson of Messerli & Kramer is our legal counsel. However any correspondence should be sent to our home address. If need be I will forward the information to Mr. Anderson. We decided to refinance our existing home to free up some extra monthly cash flow to allow our business to be better able to afford the extra expense of monthly storage. This was completed June 21,1997. We had a lead on possible storage in Savage that was confirmed to NOT be available as we had hoped. Edina Realty is also looking for us as well. We were very surprised to have received a letter from Scott Co. Joint Pr-osecution this past Friday. Reason being: while we were gone on vacation we had received a notice of attempted delivery from the City of Prior Lake. My wife called on July 11.1997 to say that we were now home and could someone resend it or we could stop by to pick it up. Susan had left this message on Connie's voice mail which stated she was in the office that day but away from her desk. No return call received. Af'"l.8r talking with Pat Cillaberto on Friday July 25,1997 he had suggested that I call Jenni Tovar. I did call Jenni Tovar July 25 at 1330 hours and received her voice mail. I explained to you Jenni what had been going on and had asked for a return phone call at tt,at time. As of Thursday July 31,1997 when I personally stopped in your office I still had not been afforded a return phone call. To the best of my memory we had been offered six months by the counsel to resolve the issue of compliance. Page 2 Of 2 We are making strides forward to bring our business with in current city regulations. We hope to do this in the next four weeks. Part of the resolution is to file for a home occupation permit so that we can house our office and park our truck in the garage as is permitted under the revised city ordinance this past May 96. We appreciate your co-operation in this matter as we are working towards the best resolution as quickly as is possible. Sincerely. Mark A. Michael