HomeMy WebLinkAboutHO95-03
RESOLUTION 9512PC
A RESOLUTION GRANTING A HOME OCCUPATION PERMIT FOR EILEEN
DARNELL TO OPERATE A COURTESY BASKET-MAKING BUSINESS OUT OF
HER RESIDENCE AT 5290 SHORE TRAIL.
BE IT RESOLVED BY the Planning Commission of the City of Prior Lake, Minnesota;
FINDINGS
1. Eileen Darnell has applied for a home occupation permit under from Section 6.8
of the Zoning Ordinance in order to permit her to operate a business involving the
making of courtesy baskets out of the lower level of her residence which is
located in the R1-Suburban Residential zoning district at the following location,
to wit;
Lot 2, NORTH SHORE OAKS, Scott County, Minnesota.
2. The Planning Commission has reviewed the application for home occupation
permit as contained in Case #H095-03, and held a hearing thereon on June 12,
1995.
3. The Planning Commission has considered the effect of the proposed permit
upon the health, safety, and welfare of the community, the existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public
safety, the effect on property values in the surrounding area and the effect of the
proposed variances on the Comprehensive Plan.
4. Because of the nature of the proposed home occupation and the conditions ofthe
subject property, it is possible to use the subject property in such a way that the
proposed hOQ1e occupation will not result in the impairment of an adequate supply
of light and air to adjacent properties, unreasonably increase congestion in the
public streets, increase the danger of fire, and danger to the public safety,
unreasonably diminish or impair health, safety, comfort, morals or in any other
respect be contrary to the Zoning Ordinance and Comprehensive Plan.
5. The contents of Planning Case H095-03 are hereby entered into and made apart
of the public record and the record of decision for this case
16200 ~I~~.5s1:E~,CPrior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4k7-4245
AN EQUAL OPPORTUNITY EMPLOYER
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants and
approves the requested home occupation permit with the following terms and conditions;
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.
4. No employees beyond the one (1) applicant/operator.
5. The home occupation permit may not be sold, transferred or assigned.
6. 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.
7. The Home Occupation may be reviewed annually by the City.
Adopted by the Planning Commission on June 12, 1995
-..S'
Thomas V onhof, Chair
onald R. Rye
Planning Director
RESOLUTION 95-12PC
2
..
PLANNING COMMISSION MINUTES
JUNE 12, 1995
The June 12, 1995, Planning Commission Meeting was called to order by Commissioner
VoOOof at 7:01 p.m. Those present were Commissioners Arnold, Loftus, Roseth,
Kuykendal and V oOOof, Planning Director Don Rye, Associate Planner Michael Leek and
Secretary Connie Carlson.
REVIEW MINUTES OF MAY 22. 1995 MEETING:
Correction on page 2 - delete "purchase the" in the last sentence at the end of the page.
Correction on page 7 - last complete paragraph - comments from Loftus, last line, change
"bet" to "get".
MOTION BY ARNOLD, SECOND BY ROSETH TO APPROVE AMENDED
MINUTES.
V ote taken signified ayes by Roseth, Arnold, Loftus and V oOOof. Commissioner
Kuykendall abstained. MOTION CARRIED.
ITEM 1. EILEEN DARNELL HOME OCCUPATION REQUEST:
Associate Planner Michael Leek presented the Planning Report dated June 12, 1995.
The Planning Department has received an application for Home Occupation Permit from
Eileen Darnell of 5290 Shore Trail NE. The applicant requests approval to operate a
business involving the creation of gift baskets which would then be delivered to
customers. The applicant would be the sole employee of the business. The applicant
does not propose anyon-premises sales. Staff recommends approval with the following
conditions:
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.
4. No employees beyond the one (1) applicant/operator.
5. The home occupation permit may not be sold, transferred or assigned.
6. 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.
7. The Home Occupation may be reviewed annually by the City.
MN61295.DOC
PAGE I
Applicant Eileen Darnell, 5290 Shore Trail NE, explained she was a stay-at-home mom
and would like to start a home business for extra money. There would be no customers
coming to the house. She would make all deliveries and baskets would be sold through
home parties and craft shows.
There were no comments from the audience.
Comments from Commissioners: ARNOLD: reword item #3 and follow conditions;
ROSETH: concur with Commissioner Arnold, conditions are met with approval;
LOFTUS: agrees with controls; KUYKENDALL: concern for parking; VONHOF: all
criteria have been met and supports item #3; Change language in item #3 to "No retailing
of products on the premises."
MOTION BY ARNOLD, SECOND BY LOFTUS TO APPROVE RESOLUTION 95-12.
Rationale: adopt condition~.
Vote taken signified ayes by Arnold, Loftus, Roseth, Kuykendall and Vonhof. MOTION
CARRIED. .
2. MCKNIGHT & ASSOCIATES VARIANCE REQUEST FOR 46XX LORDS
STREET.
Associate Planner Michael Leek presented the information in the Planning Report dated
June 12, 1995.
The Planning Department received a variance application from McKnight and Associates
for 46XX Lords Street NE. The property owner is Fred W. Mainor. The applicants are
agents for purpose of marketing the subject property, and are seeking a front yard'setback
of 20 rather than 25 feet, side yard setback of 5 rather than 10 feet, and a lake shore
setback of 20 feet rather than 75 feet.
The subject property is a lot of record. It was a part of the Eagle Creek consolidation
which took place in 1973. The property has a gross area above the 904 elevation of
16,007 square feet. Right of way for Lord's Street occupies 5,867 square feet. The
applicants are seeking to establish a building envelope within which a house could be
placed by a builder or purchaser of the lot. Staff believes that the front and lakeshore
yard variances requested are reasonable based on the circumstances of the Jot, and the
analysis above. Staff does not believe that the request for 5 foot side yard setback
variance meets the criteria, and thus would recommend denial of that request.
Bud Waund of Edina Realty spoke on behalf of McKnight & Associates representing the
owner, Fred Mainor. Mr. Waund distributed informational booklets on the property and
presented his report.
MN61295.DOC
PAGE 2
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
1
CONSIDER HOME OCCUPATION REQUEST FOR
EILEEN DARNELL
R. MICHAEL LEEK, ASSOCIATE PLANNER
_ YES --X...NO
JUNE 12, 1995
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The Planning Department has received an application for Home Occupation Permit from
Eileen Darnell of 5290 Shore Trail NE. The applicant requests approval to operate a
business involving the creation of gift baskets which would then be delivered to
customers. The applicant would be the sole employee of the business. The applicant
does not propose anyon-premises sales.
SITE CHARACTERISTICS:
The subject property is located on the North side of Shore Trail. It is about 15,000 square
feet in area, and is basically flat. The property is developed with a single-family house
with attached 2-car garage. The paved driveway is sized to handle parking for up to
about 4 vehicles.
STAFF ANALYSIS:
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 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 resides on the property. There
would be no other employees.
~~ . 1
1620u cagle 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 small area of the lowest level of the
home.
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, odors, 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 propose to sell anything other than the baskets created onsite.
F. The home occupation shall not create excessive automobile traffic within
the neighborhood.
The only traffic expected to be generated by the occupation would be periodic delivery by
UPS or similar carriers of materials for the baskets. The level of such deliveries are not
expected to negatively impact traffic in the neighborhood..
ALTERNATIVES:
1. Approve the home occupation permit for a custom, courtesy basket business at 5290
Shore Trail NE. 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;
H095-03
2
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.
4. No employees beyond the one (1) applicant/operator.
S. The home occupation permit may not be sold, transferred or assigned.
6. 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.
7. The Home Occupation may be reviewed annually by the City.
H095-03
3
NOTICE OF HEARING FOR A HOME OCCUPATION PERMIT
TO OPERATE A GIFT BASKET BUSINESS
You are hereby notified that the Prior Lake Planning Commission will hold a 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, June 12, 1995, at 7:00 p.m.
APPLICANT: Eileen Darnell
5290 Shore Trail NE.
Prior Lake, Minnesota 55372
SUBJECT SITE: Lot 2, North Shore Oaks, also known as 5290 Shore Trail NE.
REQUEST: The applicant proposes to operate a business involving the creation
and delivery of gift baskets from her home. The activity would be
carried out in a small area of the lower level of her split level
home.
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 of 8:00 a.m. and 4:30 p.m. Monday through Friday.
Prior Lake Planning Commission
Date Mailed: May 31, 1995
H095-02 1
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AFFIDAVIT OF SERVICE BY MAZL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
, of the City of Prior Lake, County of
Scott in the Stat in ota, being duly sworn, says that on
the ~ day of , ~995, ~~. s~r.Y~<f^.A~hT/ attached
lis~rsons to terest ~n the 'UXiln ~ It.D. , by
mailing to them a copy t reof, enclosed in an envelope, postage
prepaid, and be depositing same in the post office at Prior Lake,
Minnesota, the last known address of the par~ies.
~(lpQ~
Subscribed and sworn to me this
30 day of ~
NO~/rf'~
1995.
e ANGELAJASPERS
t<<>TARV Pl8.IC-MINNESOT
SCOTT COUNrY
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CITY OF PRIOR LAKE
APPLICATION roR B(Iw1E OCQJPATION pERMIT
~=t: ~~\fr~pp~~w .lhl1
Bane Phone: ..., 4 5 - ~{( ~~ Work Phone: -
Property Owner: ~ beA-1- r '0i l-e€(r\ th1. YV'I-e.I\
Address: $('AA/V\..o
Bane Phone: <'O..A'Y'-l Work Phone:
Legal Description of Site: -Lc..+- r 1\)(')1~ SYnc} fe.. Do. ~s
Propety Identification Number (pm):
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SUBMISSION REOUIREMENTS: (A) Canpleted application form. (B) Filing Fee.
(C) Names and addresses of abutting property owners. (D) Parcel m (pm).
CNLY COMPLETE APPLICATIONS SHALL BE RE.VIEWED BY 'mE PLANNING roMMISSION.
To the best of nw kncwledge 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 provide information and
follcw the procedures as outlined in the Ordinance.
Cf "-A Cl5 Applicants
SUbnitted this ---1. day of ~ 19..:..L
Fee Owners Signature
'mIS SPACE TO BE FILLED our BY 'mE PLANNING DIRECl'OR
~ DATE
~ DATE
PLANNING roMMISSION
CITY CCXJK:IL APPEAL
APPROlED
APPROlED
DENIED
DENIED
Conditions:
Signature of the Planning Director
Date
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4629 DAKOTA STREET S.E., PRIOR LAKE. MN 55372
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