HomeMy WebLinkAboutHO95-04 Campbell
RESOLUTION 9525PC
A RESOLUTION GRANTING A HOME OCCUPATION PERMIT FOR LAURIE J.
CAMPBELL TO OPERATE A THERAPEUTIC MASSAGE BUSINESS OUT OF HER
RESIDENCE AT 16420 MANDAN AVENUE SE.
BE IT RESOLVED BY the Planning Commission of the City of Prior Lake, Minnesota;
FINDINGS
1. Laurie J. Campbell 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 providing
therapeutic massage in the lower level of her residence which is located in the R1-
Suburban Residential zoning district at the following location, to wit;
Lot 10, Block 2, Brookville Hills Second Addition, Scott County,
Minnesota.
2. The Planning Commission has reviewed the application for home occupation
permit as contained in Case #H095-04, and held a hearing thereon on August 28,
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 of the
subject property, it is possible to use the subject property in such a way that the
proposed home 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 H095-04 are hereby entered into and made a part
of the public record and the record of decision for this case.
RESOLUTION 95-25PC 1
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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 sale of products on the premises.
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 requirement 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 August 28, 1995.
~a
Thomas V onhof, Chai
ATTEST:
Q~~~
Planning Director
2
RESOLUTION 95-25PC
-.'
Open Discussion: the City does not control the Mystic Lake Casino traffic; would like
to talk about this in more detail; need to see finance numbers; issue today is - do we want
commerical?; better zoned B-1; issue of20 vs. 40 acres; green acres program;
MOTION BY ARNOLD, SECOND BY LOFTUS TO TABLE THE MATTER TO THE
SBPTEMBER 11,1995 PLANNING COMMISSION MEETING.
V ote taken signified ayes by Arnold, Loftus, Kuykendall, Roseth and V onhof. MOTION
CARRIED.
MOTION BY ARNOLD, SECOND BY ROSETH TO CLOSE PUBLIC HEARING.
V ote taken signified ayes by Arnold, Roseth, Kuykendall, Loftus and V onhof. MOTION
CARRIED.
Commissioner Kuykendall requested Staff to obtain more information on costs, the
impact and additional traffic improvement.
ITEM #3 CONSIDER HOME OCCUPATION REQUEST FOR LAURIE J.
CAMPBELL~ 16420 MANDAN A VENUE SE, TO OPERATE A THERAPEUTIC
MASSAGE BUSINESS.
Associate Planner Michael Leek presented the information in the Staff Report dated
August 28, 1995. Staffrecommended 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 sale of products on the premises.
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 requirement shall be deemed grounds for immediate
revocation of the Home Occupation Permit.
7. The Home Occupation may be reviewed annually by the City.
Applicant Laurie Campbell stated she was present and had nothing to add to the Staff
Report.
Comments from Commissioners:
Loftus: supportive of application and recommends adoption of the Resolution.
MN82895.DOC
PAGE 10
Commissioners Kuykendall, Arnold, Roseth, Criego and V onhof: all supportive of
the application.
MOTION BY LOFTUS, SECOND BY ARNOLD TO APPROVE RESOLUTION
9525PC.
V ote taken signified ayes by Loftus, Arnold, Kuykendall, Roseth and V onhof. MOTION
CARRIED.
ITEM #4 CONSIDER APPEAL OF BUCKINGHAM DISPOSAL FROM
PLANNING DIRECTOR'S INTERPRET A TION THAT RECYCLING IS NOT
PERMITTED IN THE 1-2 DISTRICT.
Planning Director Don Rye presented the Staff Report dated August 28, 1995.
In June, the City Staff was made aware of the operation of a recycling operation
conducted by Buckingham Disposal at 5980 Credit River Road. The facility was opened
without benefit of a Certificate of Occupancy and a subsequent determination was made
by the Planning Director that the use was not a permitted or conditional use in the I-2
zoning district. The ordinance currently defines light manufacturing as "the process and
fabrication of certain materials where no process involved will produce noise, vibrations,
air pollution, fire hazards or noxious emissions which will disturb or endanger
neighboring properties." Fabricate is defined as "To construct by combining and
assembling" while manufacturing is defined as "to make or process a raw material into a
finished product, esp. by means of a large-scale industrial operation." The owner of
Buckingham Disposal is appealing this decision pursuant to Section 7.4 of the zoning
ordinance. The Board of Adjustment has the responsibility to hear the appeal and make a
recommendation to the City Council to either uphold the interpretation by staff,
determine the staff interpretation was incorrect and grant the appeal or to recommend
some alternative resolution of the issue such as a zoning ordinance amendment.
John Cairns, attorney representing Tom Buckingham, owner of Buckingham Disposal
explained the recycling process. Buckingham Disposal is the designated Scott County
drop off station. The property and building was upgraded. The manufacturing process is
done inside the building. Mr. Cairns suggested not following Staff s recommendation
and asked to table the matter, monitor the operation for 6 month and watch the success
rate. Mr. Cairns also invited the Commissioners to view the operation.
Tom Buckingham, owner of Buckingham Disposal stated he is a resident of Prior Lake.
and has been in the business for over 20 years. They want to be good neighbors, are up
front and run a clean operation.
Comments from Commissioners:
MN82895 DOC
PAGE II
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
3
CONSIDER HOME OCCUPATION REQUEST FOR
LAURIE J. CAMPBELL
R. MICHAEL LEEK, ASSOCIATE PLANNER
YES-X-NO
AUGUST 28, 1995
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The Planning Department has received an application for a Home Occupation Permit
from Laurie J. Campbell of 16420 Mandan Ave. SE. The applicant requests approval to
operate a therapeutic massage business. The proposed use came to light originally
because the applicant had made application for licensing under Title 3 of the City Code.
The applicant would be the sole employee of the business. The applicant does not
propose anyon-premises sales.
SITE CHARACTERISTICS:
The subject property is developed with a split-level, single-family house with attached 2-
car garage. The paved driveway appears large enough to accommodate 2-4 cars off-
street.
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, and staff s evaluation of the request against the 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.
This occupation would be carried on solely by the applicant, who resides on the property.
There would be no other employees of the occupation.
~~ J
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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B. The home occupation shall be carried on wholly within the principal or
accessory structures.
The occupation would be carried on wholly within the lower level family room, which
measures about 12' x 14'.
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 proposes only to provide therapeutic massage, and does not propose the
sale of any items at either wholesale or retail.
F. The home occupation shall not create excessive automobile traffic within
the neighborhood.
The applicant proposes to provide 30 minute to 1 hour massage sessions. Thus, the
amount of vehicle traffic would be limited. The applicant's driveway is sufficiently sized
to handle the expected parking requirements.
ALTERNATIVES:
1. Approve the home occupation permit for a therapeutic massage business at 16420
Mandan Avenue SE. 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 because it is inconsistent with the Zoning
Ordinance criteria.
STAFF RECOMMENDATION:
2
H095-04
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 sale of products on the premises.
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.
H095-04
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FI~ NO. H09S"-Q1-
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Lot 10, Block 2, plat of BROOKSVILLE HILLS SECOND ADDITION Scott County, Minneso~~
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Also showing the pooposed location of the bouse as staked thi~ 30th day of March 1973
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PlO' 25-01 fi01 q-O
CITY OF PRIOR LAKE
APPLICATION FOR HCME OCOJPATION PERMIT
Applicant: Laurie J Camobell
Address: 1 fi4?O M;:lnrh::m "A'Tl'" ~R
Hane Phone: 440-6792 Work Phone:
Property Owner: Neal and Lnllri p r.~mphp 11
Address: same
Hane Phone: 440-fi7Q2 Work Phone:
Legal Description of Site: Lot 10, Block 2, Brooksville Hills Second Add.
Propety Identification Number (PlO): 25-01 fi01 Q-O
Nature and Size of Hane Occ~tion: I will be doinq Therapeutic
Massage. Length of fime is generally 30min-1hour sessions.
I will be the only therapist working We live in a split-levpl
home and Massage wi]] hp ~nnp in ~h~ downstajrs family rnnm
which is aoorox. 12'X14' with two win~nw~ f~~ing ~hp frnnt of t~e
house and one doorwny_
Present Zoning: 12. /
Reasons for Request: required due to current ordinances _ Also.
I want to be available to my family more by working frnm my hnmp
I also want to stnrt my hll~inp!,:!,: ;:!~ hnmt:> ~nd th~>:) m.O"Q iR.to
another facility when I haye steady clientpl. I'm olanning for
being at home for at least 5 years due to the ages of my chil~rpn.
SUBMISSION REDUIREMENTS: (A) Canpleted application form. (B) Filing Fee.
(C) Names and addresses of abutting property owners. (D) Parcel lO (PlO).
OOLY COMPLETE APPLICATIONS SHALL BE.RE.VI&1ID BY 'mE PLANNING roMMISSION.
Sutmitted this LI- day of ~
'mIS SPACE TO BE FILLED our BY 'mE PLANNING DIREX:TOR
PLANNING roMMISSION
CITY C()tJOCIL APPEAL
APPROlED
APPROlED
DENIED
DENIED
HF.AlIDl; DATE
HF.AlIDl; DATE
Conditions:
Signature of the Planning Director
DeiEe
NOTICE OF HEARING FOR A HOME OCCUPATION PERMIT
TO OPERATE A THERAPEUTIC MASSAGE 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, August 28, 1995, at 7:00
p.m. or as soon thereafter as possible.
APPLICANT: Laurie J. Campbell
16420 Mandan Ave. SE.
Prior Lake, Minnesota 55372
SUBJECT SITE: Lot 10, Block 2, Brooksville Hills Second Addition, also known as
15531 Skyline Avenue NW.
REQUEST: The applicant proposes to operate a therapeutic massage business
in an area of her home which measures about 12 ft. x 14 ft. The
applicant would be the only employee of the business.
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: August 17, 1995
1620~~~~1~ Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 441-4245
AN EQUAL OPPORTUNITY EMPLOYER
Laurie Campbell
440-6792
16420 Mandan Ave SE
Names and Addresses of abutting property owners:
Robert Jirik
16398 Mandan Ave SE
John Creighton
5236 Brooks Circ SE
Mrs. Emil Kes
16389 Franklin Trl SE
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TO:
FROM:
DATE:
RE:
MEMORANDUM 2S
'-flLJ ~
Frank Boyles, City Manager
R. Michael Leek
August 23, 1995
Massage License Application of Laurie J. Campbell
I have been working with Ms. Campbell, who has made application for a Home
Occupation Permit. Her request will be heard on Monday, August 28, 1995. I will let
you know of the outcome of that hearing. A copy of the staff report is attached for your
information.
Document3
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