The URL can be used to link to this page

Home My WebLink AboutHO95-02 Gerhardt PLANNING REPORT AGENDA ITEM: SUBJECT: 1 CONSIDER HOME OCCUPATION REQUEST FOR KIRSTEN GERHARDT R. MICHAEL LEEK, ASSOCIATE PLANNER YES-X..NO MAY 8,1995 PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: The Planning Department has received an application for Home Occupation Permit from Kirsten Gerhardt of 15531 Skyline Avenue NW. The applicant requests approval to operate a one-station dog grooming salon in a 140 square foot room in her home. The applicant proposes to operate the salon Monday through Friday from 7:00 a.m. - 4:00 p.m. SITE CHARACTERISTICS: The subject property is in an area of the City developed with single-family homes. The property itself is flat, and is 11,520 square feet in area. The house has an attached, 2-car garage, and a paved parking area which would reasonably accommodate up to 3 vehicles. STAFF ANALYSIS: The basic premise ofthe City's home occupation regulations is that operations can be permitted which would not disrupt the surrounding neighborhood. The Ordinance at Section 6.8 provides 6 criteria by which requests for home occupation permits should be evaluated. These criteria are set forth below. A. The home occupation shall be carried on by a member of the family residing in the dwelling unit with not more than one employee who is not a part of the family. The Occupation would be carried on by the applicant who is a resident of the property. There would be no other employees. H095-02 1 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER B. The home occupation shall be carried on wholly within the principal or accessory structures. The Occupation would be carried on wholly within a single room in the house. C. Exterior displays or signs other than those permitted under 6.4, exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. The City's Sign Ordinance, adopted in December of 1994, does not permit business signs in residential areas. D. Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The proposed Occupation is not expected to produce objectionable noise, vibration, smoke, dust, electrical disturbance, heat or glare. E. Articles not produced on the premises shall not be sold on the premises without a specified permit. The applicant does not indicate any desire to sell anything other than grooming services. F. The home occupation shall not create excessive automobile traffic within the neighborhood. Limited to one grooming station, the proposed Occupation is not expected to produce undue traffic in the neighborhood. The property contains enough area for off-site parking for 3 vehicles. ALTERNATIVES: 1. Approve the home occupation permit for a dog grooming salon at 15531 Skyline Drive NW as submitted or with conditions deemed appropriate by the Planning Commission. 2. Table or continue the item for specific reasons. 3. Deny the home occupation permit finding that it is inconsistent with the Zoning Ordinance as defined by the Planning Commission. STAFF RECOMMENDATION: Staff recommends approval with the following conditions; H095-02 2 Planning Minnutes 5/8/95 PLANNING COMMISSION MINUTES MAY 8, 1995 The May 8, 1995, Planning Commission Meeting was called to order by Chairman V oOOof at 7:01 p.m. Those present were Commissioners Arnold, Kuykendall, Loftus, Roseth and V oOOof, Planning Director Don Rye, Associate Planner Michael Leek and Secretary Connie", Carlson. Assistant Planner Deb Garross arrived at 9:00 p.m. REVIEW MINUTES OF PREVIOUS MEETING: Correction to Minutes: Delete motion to close public hearing from Item II - PUD Amendment for The Wilds/item was not a public hearing. Change the word "move" to "remove" on the second line of Item I - Variance Request for James McCarty. Change the word "care" to "acre" in the Motion for #5 of the Wilds PUD Amendment. Change the word "hospitality" to "for a hotel" in #6 and #7 Motion. MOTION BY LOFTUS, SECOND BY ARNOLD TO APPROVE THE MINUTES AS AMENDED. Vote taken signified ayes by Loftus, Arnold, Roseth, Kuykendall and Vonhof. MOTION CARRIED. CONSENT ITEMS: a) Resolution for John Mahoney Variance b) Resolution for James McCarty Variance Vote taken to approve Consent Items a and b. Ayes by Arnold, Loftus, Kuykendall, Roseth and Vonhof. MOTION CARRIED. KIRSTEN GERHARDT - HOME OCCUPATION PERMIT: Applicant, Kirsten Gerhardt was not in attendance and the matter was tabled. GENERAL DISCUSSION: Notices sent to public state "Public Hearing" should be changed to "Open to the Public". Also a discussion on preparing Resolutions at the time of the hearing; timely manner and unnecessary delays for applicant. Planning Director Don Rye indicated Motions are not recordable and the City is obligated by State Statute to record the action of the Planning Commission in approving or denying the variance and the form we use is the Resolution. Recommendation by Commissioner Kuykendall for Staff to investigate a process to expedite the recording without unnecessary delay. Also a request for corresponding Resolution numbers with case numbers on the front page for quick reference. Kirsten Gerhardt arrived at 7:20 p.m. and the Home Occupation request continued. MN5895 Planning Minnutes 5/8/95 Associate Planner Michael Leek presented the information in the Planning Report dated May 8, 1995. The Planning Department has received an application for Home Occupation Permit from Kirsten Gerhardt of 15531 Skyline Avenue NW. The applicant requests approval to operate a one-station dog grooming salon in a 140 square foot room in her home. The applicant proposes to operate the salon Monday through Friday from 7:00 a.m. - 4:00 p.m. The subject property is in an area of the City developed with single-family homes. The property itself is flat, and is 11,520 square feet in area. The house has an attached, 2-car garage, and a paved parking area which would reasonably accommodate up to 3 vehicles. The basic premise of the City's home occupation regulations is that operations can be permitted which would not disrupt the surrounding neighborhood. The Ordinance at Section 6.8 provides 6 criteria by which requests for home occupation permits should be evaluated. These criteria have been met. Staff recommendation is to approve the home occupation permit for a dog grooming salon at 15531 Skyline Drive NW as submitted or with the following conditions deemed appropriate by the Planning Commission. 1. No off-site parking. On-site parking for a maximum of two (2) customer vehicles must be provided. 2. No exterior signs identifying the business, its products, or services. 3. No retailing of products which are not produced on the premises, or which are unrelated to the business of the dog grooming salon. 4. No employees beyond the one (1) applicant/operator. 5. No more than one (1) station be provided in the salon. 6. The hours of operation be limited to; Monday - Friday, 7:00 a.m. - 4:00 p.m. 7. The home occupation permit may not be sold, transferred or assigned. 8. The Home Occupation permit is subject to all applicable ordinance and legal requirements. Violation of any ordinance or legal requirements shall be deemed grounds for immediate revocation of the Home Occupation Permit. 9. The Home Occupation is subject to annual review by the City. Kirsten Gerhardt stated she agreed with the Staff Report. Ms. Gerhardt also stated the dogs would be in kennels within the residence and would not be outside. There were no comments from the audience. Comments from Commissioners: Arnold: Conditions set by Staff are adequate. Supports request/Roseth: Reminder to #9 of conditions -annual review subject by complaints by neighbors/Loftus: grooming smallel dogs; condition #3 should be deleted regarding selling productsIKuykendall: annual review of home occupations is a control option; nearest neighbor is 10 feet away from area of groomingN onhof: subject to annual review if violations. OPEN DISCUSSION OF COMMISSIONERS: business tax or fees; and ability to come back to review and renew if there have been complaints. MOTION BY ROSETH, SECOND BY LOFTUS, TO APPROVE THE HOME OCCUPATION PERMIT FOR A DOG GROOMING SALON AT 15531 SKYLINE DRIVE MN5895 2 Planning Minnutes 5/8/95 NW AS SUBMITTED WITH THE NINE CONDITIONS SUBMITTED IN THE STAFF REPORT. Discussion: Section 6.8 provides the six criteria (A through F) and they are met. Item 3 be amended to no retail sales of products. If applicant would like to expand at a later date she can amend the conditions. Be aware of disturbance of barking dogs to neighbors. CONDITION: Item #3 - No sale of retail products. V ote taken signified ayes by Roseth, Loftus, Kuykendall, Arnold and V oOOof. MOTION CARRIED. CONSIDER VARIANCE FOR TIM AND JANET BROCKHOUSE: Associate Planner Michael Leek presented the Staff Report dated May 8, 1995. The Planning>Department received a variance application from Tim and Janet Brockhouse for 16069 Cambridge Circle SE. The subject property is legally described as Lot 3, Block 2, Prior Acres 2nd Addition, Scott County, Minnesota, and is also known as 16069 Cambridge Circle SE. The applicants propose to convert an existing one stall, tuck under garage to living space, and to construct a 20' x 22' attached garage in front of the existing garage. The specific variance requested is a to permit a side yard setback of 6 feet instead of the required 10 feet, and a front yard setback of 21 feet instead of the required 25 feet. The subject property was platted as a part of Prior Acres 2nd Addition in 1964. It is a roughly "pie-shaped" lot which and measures 30 feet wide at the rear and about 110 feet wide at the street. The garage and driveway are located to the East. The lot slopes up quickly from the driveway, levels out and then rises again to a mound. The existing house was constructed in 1969. The existing side yard setback from the easterly property line ~o the front comer of the house is 12.3 feet. The distance from the side lot line to the front comer of the proposed garage is 6 feet; the distance to the rear comer of the proposed garage would be 8.5 feet. The applicants have explored the possibility of locating a garage to the East of the center of the house, but feel it would be cost-prohibitive. Staff recommends denying the application because the ordinance hardship criteria are not met under the zoning code. Specifically, an alternate location exists for the proposed garage addition which would meet both the required side yard and front yard setbacks. Staff understands the applicant's rationale for the proposed location(i.e., it is much less costly), but does not believe that is sufficient basis for approval where alternatives which comply are available. Tim Brockhouse, 16069 Cambridge Circle, stated his concern for constructing the garage with a steep hill. The existing garage is level with the street. Constructing the garage on the other side of the residence would mean the removal of mature trees. The gas meter is also on the east side of the house. The applicant feels it would be more costly to construct the garage MNIROj ..., -' NOTICE OF HEARING FOR A HOME OCCUPATION PERMIT TO OPERATE A DOG GROOMING BUSINESS You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of C.R. 21 and Fish Point Road), on: Monday, May 8, 1995, at 7:00 p.m. APPLICANT: Kirsten Gerhardt 15531 Skyline Ave. NW. Prior Lake, Minnesota 55372 SUBJECT SITE: Lot 10, Block 3, Island View 1st Addition, also known as 15531 Skyline Avenue NW. REQUEST: The applicant proposes to operate a dog grooming business in an area of her home which measures about 10ft. x 14 ft. If you are interested in this issue, you should attend the hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of8:00 a.m. and 4:30 p.m. Monday through Friday. Prior Lake Planning Commission Date Mailed: April 19, 1995 1 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER --_.____,________ __J AFFIDAVJ:T OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) ~1 ~/t;:t{~ ,of the City of Prior Lake, County of Scot~.~ . the State 1Jf1l1};ymesota, being duly sworn, says that on the day of ~ ,1995, ~!-:JAsery~d the attached list 0 persons to have interest in the ~rl4/'ttlr !6f}Lt...l)f!b., by mailing to them a copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. f!huAL< ~ ~/~scribed and ~~:~Rto me this ~ day of ~ ' 1995. ~,~ NOTARY PUBLIC AFFML ( i \ r tb(25';2,uL ( i .:J~ ~ lSSS-0IS~ ~ R'vMtt. 1553p 5~ 441-4$"01. I ~ IJJ~ 1$".5"1 / S ~ l{Lf7-'i47 I i ~Ujtlll~~ , i ~~13'-1 ~h S-t LJ'-l7-"5~0 I i [ '3'1f~ ~f/)Si. l..J47-/P/lgg ! 3<6tO .~ St:, LfUl-3Ss~ i I ! i ; ~W.ut J~ .~ ~ Lf~b6 3<"680 ~-b st, LllJD-.)fi81 i Sc ~i~ ~ Scl1.iLcJ1; I s ~ g 3 rY1..aJulb S t- qVO-7~ 'I.' -..; .. HO Cia -0D- PlOt 25- 143-04'1-0 CITY OF PRIOR LAKE APPLICATION FOR HCME OCaJPATION PERMIT Applicant: Y-Ies~ ~tht1(J)1 Address: 15 '? '2, I S ~'-f I ( AJ f.- -MJ~ i'J - UJ - Bane Phone: 4L10- (P~/:::,. Work Phone: --- Property Owner: lOr- -.:~ (.~~d:i- Address: Sa...Vv\.L. D /\ ~ Hane Phone: - Work Phone:- Legal Description of Site: ISLAND VI€W /Sf-/WfJ.. LtJT 01 () BLoe.1( Q'J..3 Propety Identification Number (PID): .,;J51L/3()4QO Nature arxl Size of Bane Occupation: ~ 'd \'1lVml.t>0.) I D X I ~ !~) ~ Present Zoning: Reasons for Request: ~ tM7 ~ .(}hIp SUBMISSION REDUIREMENTS: (A) Canpleted application form. (B) Filing Fee. (C) Names and addresses of abutting property owners. (D) Parcel 10 (pm). CNLY COMPLETE APPLICATIOOS SHALL BE RFNIEHED BY 'llIE PLANNING roMMISSIOO. To the best of nw knowledge the information presented on this form is correct. In addition, I have read Section 6.8 of the Prior Lake Zoning Ordinance which specifies requirements for Bane Occupations. I agree to pr0\7ide information and follow the procedures as outlined in the Ordinance. ~~U ILA /'1l1h;; Applicants si~ture Subnitted this ~ day of ~ 19!1t2 Fee Owners Signature 'llIIS SPACE TO BE FILLED 0tJI' BY '!HE PLANNING DIRECl'OR PLANNING roMMISSIOO CITY COU!CIL APPEAL APPROJID APPROJID DENIED DENIED HEAR]N; DATE HE'..ARIOO DATE Conditions: Signature of the Planning Director Date . . .' .... . <:,&)[~~~fi~~;;~[~~~i:'VH';~6.~1~'?~.".:~.:'~.~.":.""":, ,::J:~:"'/:: ... ',:"';,', '.. '. · :'. . t ... ... .... .... .. RECEIPT . . !In 25109 DATE ~u:L \\, \qq~- CITY 0 F PRIOR LAKE 4629 DAKOTA STREET S.E.. PRIOR LAKE. MN 55372 Received of ~?:zu~ ~/)~u#- '" whose address and/or legal description is the sum of ~ t:! ~~ for the purpos 0/..#-=.. d.</ /' -~'-- 4.A'/uL: dollars Reference Invoice No. $ ~? /1"'/ / ~ /?, 7'uC4~~ ~U.L~ Receipt Clerk for the City of Prior Lake - - ~_ .- ...... . ~ ...~, ...... -... ....... ~ -- - ............ A- .- -... --- - _. -z (j) o H095-02 1. No off-site parking. On-site parking for a maximum oftwo (2) customer vehicles must be provided. No =&?~ns i e tif ing~s,.ess, its products, or services. No of pro ucts 'l.1I[ lot proeffieed on the prcmisc3, or which itle Ll1l1dalt;J to the bU3inc1S::i u[the dog grooming SaiUIr. No employees beyond the one (1) applicant/operator. No more than one (1) station be provided in the salon. The hours of operation be limited to; Monday - Friday, 7:00 a.m. - 4:00 p.m. The home occupation permit may not be sold, transferred or assigned. The Home Occupation permit is subject to all applicable ordinance and legal requirements. Violation of any ordinance or legal requirements shall be deemed grounds for immediate revocation of the Home Occupation Permit. The Home Occupation is subject to annual review by the City. 2. 3. 4. 5. 6. 7. 8. 3