HomeMy WebLinkAboutHO95-05 Coursolle Home Occ
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Applicant, Geraldine Anderson, 16575 Dutch Avenue SE, stated she had visited with her
neighbors to let them know her intentions and they had no objections to the business.
Comments from Commissioners:
Arnold:
.. inquired on production. (Anderson explained she would have framing and matt
samples in the basement. Clients can bring in their prints and pick out matts and
frames. She will advise them what looks best and tell them when to pick up the
finished picture.)
. delivery service once or twice a week.
Roseth:
. reviewed some of the conditions with applicant.
Criego/Wuellner: no additional comments.
V onhof:
. concurs with Commissioners.
MOTION BY ROSETH, SECOND BY ARNOLD TO APPROVE RESOLUTION
9531PC AS REQUESTED.
Vote taken signified ayes by Roseth, Arnold and Vonhof. MOTION CARRIED.
#2"nID~COI~~~~~E_H~ME~i~UPtTlONREQlffiST-~~r~E~NT
ST.. APP ICANT UEST AP V A TO OPERATE A LIMOUSINE
SERVICE.
Associate Planner Michael Leek presented the information in the Staff Report dated
September 25, 1995. 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.
4. No employees beyond the one (1) applicant/operator, and one (1) driver who does not reside
on the premises.
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 requirement shall be deemed grounds for immediate
revocation of the Home Occupation Permit.
7. The Home Occupation may be reviewed annually by the City.
8. The Home Occupation permit is limited to the parking of one limousine on the premises.
PAGE 2
MN92595.DOC
Curt Roiger, residing at 4556 Pleasant Street, stated he would like a sign in the front yard
but if he couldn't it would be fine. He talked to neighbors and the VFW who are not
opposed to the business.
Jerry Halliday, friend of the applicant, commented on the sign issue. He feels there
should be a break on the sign because it is small and they need the advertising.
Commissioner Loftus arrived at 7: 18 p.m.
Comments from Commissioners:
Roseth:
. does not have a problem with the idea.
. change #4 in the Conditions to include "family members". (Leek explained the
condition and Roseth concurred with him.)
. reviewed conditions with Roiger.
Mr. Roiger questioned staff on the possibility of adding more vehicles and storage. Mr.
Leek explained off-site parking and storage would be okay.
Loftus:
. services provided to public.
Arnold:
. delete second sentence from # 1 under Conditions referring to on-site parking.
Criego:
. agrees with Commissioner Arnold and staff s recommendation with no exterior signs.
Wuellner:
. concurs.
V onhof:
. discussion on vehicle.
. agrees with staff s recommendation on sign.
Mr. Roiger explained all services would be arranged by telephone.
MOTION BY ARNOLD, SECOND BY LOFTUS TO APPROVE RESOLUTION
9530PC.
CONDITIONS: #1 - "no off-site or on-site parking for customers"; and #4 add "no
employees beyond the one (1) applicant/operator lone resident employee and one driver
who does not reside on the premises".
MN92595.DOC
PAGE 3
.
Vote taken signified ayes by Arnold, Loftus, Roseth and Vonhof. MOTION CARRIED.
ITEM 3. JERRY HALLIDAY - REQUEST FOR VARIANCE - 16604
INGUADONA BEACH CIR.. APPLICANT REQUESTS THE FOLLOWING: A 29
FOOT VARIANCE TO PERMIT A LAKESHORE SETBACK OF 46 FEET
I~STEAD OF THE REQUIRED 75 FEET; A 5 FOOT VARIANCE TO PERMIT A
FRONT YARD SETBACK OF 20 FEET INSTEAD OF THE REOUIRED 25
FEET: AND A 5 FOOT VARIANCE TO PERMIT A SIDE YARD ON THE
SOUTH OF 5 FEET INSTEAD OF THE REQUIRED 10 FEET.
Associate Planner Michael Leek presented the information in the Staff Report dated
September 25, 1995. Staff recommends approval of Resolution 9532PC including the
following conditions:
1. The new, southerly wall be I-hour rated;
2. Erosion control be maintained in connection with the completion of the
project which is the subject of this request;
Applicant Jerry Halliday, 16604 Inguadona Beach, explained he was in front of the
Commissioners one year ago with intentions of demolishing the house and rebuilding a
bigger one. Because of costs he cannot afford to do so and is now requesting variances to
expand. Mr. Halliday presented his house plans to the Commissioners.
Tim Collins, 16614 Inguadona Beach Cir., (property to the south) stated he has no
objections to the requested variances.
Comments from Commissioners:
Loftus:
. explained 10 foot setback on the south side to applicant.
. comfortable with the proceeding and supportive of the variances.
Arnold:
. supportive.
Roseth:
. follow setback regulations.
Criego:
. reviewed plans with applicant.
Wuellner:
. reviewed plans with applicant.
MN92595.DOC
PAGE 4
. ._.___..4------------......
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
2
CONSIDER HOME OCCUPATION REQUEST FOR
JUDY COURSOLLE
R. MICHAEL LEEK, ASSOCIATE PLANNER
YES ----.X.-NO
SEPTEMBER 25, 1995
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The Planning Department has received an application for a Home Occupation Permit
from Judy Coursolle of 4656 Pleasant S1. The applicant requests approval to operate a
limousine service business. The business would involve 1 Lincoln limousine which
would be stored on the premises, and the use of 1 basement room as an office for taking
reservations. The request poses a particularly unique situation in that the subject property
is located in the B2-Community Business District, but is developed and used for a single-
family dwelling, which is a non-conforming use.
SITE CHARACTERISTICS:
The subject property is developed with a single-family house with attached 3-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 such occupations 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 staffs evaluation of the request against the criteria, are set
forth below.
A threshold question the Commission must answer is whether the proposed use would
serve to intensify or expand the non-conformity of the present use. The Ordinance
defines a "Home Occupation" as;
An occupation carried on in a dwelling unit which is clearly incidental and
secondary to the use of the building for dwelling purposes and which does
not change the character thereof. (Underlining added)
16200 ~~-~reek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
It may be possible for the proposed Occupation to be carried on in such a fashion that it is
clearly incidental and secondary to the use of the building for dwelling purposes.
Presumably that would be accomplished by complying with the criteria for Home
Occupations set forth in Section 6.8 ofthe Ordinance.
If the Commission finds that the proposed occupation would intensify the non-
conformity, then the available option is to evaluate the use under, and require compliance
with, zoning and building standards in the B2 zoning district.
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 applicant indicates that she will be conducting the office portion of the business. She
indicates that her boyfriend and a neighbor who resides nearby would be the drivers. At
the time of writing this memorandum, staff was unsure about whether the applicant's
boyfriend also resides at the subject site, and had been unable to reach the applicant to
clarify that matter. Under the Ordinance definition of family, if the applicant's boyfriend
resides on the premises this criterion would be met. If he does not, there would be more
than one employee who is not a part of the family, and this criterion would not be met.
B. The home occupation shall be carried on wholly within the principal or
accessory structures.
The proposed business activities would be carried on in the home (i.e. reservations) or
away from the premises (i.e., the limousine rides themselves). The question did arise in
reviewing this request as to whether the limousine had to be stored inside an accessory
structure. This question was discussed with the City Attorney, Glenn Kessel. It was his
opinion that the outdoor parking of one limousine would be essentially indistinguishable
from the outdoor parking of a vehicle for private use, and thus garaging would not be
required.
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. Staffs site visit revealed that a sign had been placed on the property.
If the permit is approved, that sign should be removed. The City Attorney agrees that
signs should not be permitted in that they would change the "residential character" of the
property.
2
H09S-0S
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 doe not propose the sale of any items.
F. The home occupation shall not create excessive automobile traffic within
the neighborhood.
The traffic generated by such a service is not expected to be unusual for a residential
property in this area.
AL TERNA TIVES:
1. Approve the home occupation permit for a limousine service business at 4656
Pleasant Street 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:
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.
4. No employees beyond the one (1) applicant/operator, and one (1) driver who does not reside
on the premises.
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 requirement shall be deemed grounds for immediate
revocation of the Home Occupation Permit.
7. The Home Occupation may be reviewed annually by the City.
8. The Home Occupation permit is limited to the parking of one limousine on the premises.
3
H095-05
RESOLUTION 9530PC
A RESOLUTION GRANTING A HOME OCCUPATION PERMIT FOR JUDY
COURSOLLE TO OPERATE A LIMOUSINE SERVICE BUSINESS OUT OF HER
RESIDENCE AT 4656 PLEASANT STREET.
BE IT RESOLVED BY the Planning Commission of the City of Prior Lake, Minnesota;
FINDINGS
1. Judy Coursolle 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
limousine service from her residence which is located in the B2-Community
Business zoning district at the following location, to wit;
The East 40 feet of Lot 6 and the West 20 feet of Lot 5, Block 2, Cates
Addition, Scott County, Minnesota.
2. The Planning Commission has reviewed the application for home occupation
permit as contained in Case #H095-05, and held a hearing thereon on September
25, 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 ofthe nature ofthe 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 H095-05 are hereby entered into and made a part
of the public record and the record of decision for this case.
16200 ~M~m~.5g~~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.
4. No employees beyond the one (1) applicant/operator, and one (1) driver who does not reside
on the premises.
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 requirement shall be deemed grounds for immediate
revocation of the Home Occupation Permit.
7. The Home Occupation may be reviewed annually by the City.
8. The Home Occupation permit is limited to the parking of one limousine on the premises.
Adopted by the Planning Commission on September 25, 1995.
Thomas V onhof, Chair
ATTEST:
Donald R. Rye
Planning Director
RESOLUTION 9530PC
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Applicant:
Address:
Hane Phone: L-
Property Owner:
Address:
Hane Phone:-.:!L{ l ~ 3~"') Work Phone: <.jc..j 7-----
Legal Description of Site: & 4Cf ?:& fo '1-. W 20' til. 5 - ~ ~ ~.
Propety Identification Number (PID): ~ ~ -()O~JJD/ ~-
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Present Zoning : ~J-
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SUBMISSION RIDUIREMENI'S: (A) Canpleted application form. (B) Filing Fee.
(C) Names and addresses of abutting property owners. (D) Parcel m (pm).
CM,Y mMPLETE APPLICATIONS SHALL BE REVIEWED BY 'lEE PLANNING mMMISSION.
To the best of my knavledge 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 Hane Occupations. I agree to prOllide information and
follow the procedures as outlined in the Ordinance.
Subnitted this ...!1- day of f'"~j 19i7
Fee Owners Signature
".>..J.'~
'lEIS SPACE 'JX) BE FILLED OUT BY 'lEE PLANN:IN:; DIROCTOR
PLANNING mMMISSION
CITY <XXJOCIL APPEAL
APPROlED
APPROlED
DENIED
DENIED
HEARJN; DATE
HF.ARJR; DATE
Conditions:
Signature of the Planning Director
Date
NOTICE OF HEARING FOR A HOME OCCUPATION PERMIT
TO OPERATE A LIMOUSINE SERVICE
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 ofC.R. 21 and Fish Point Road), on: Monday, September 25,1995, at 7:00
p.m.
APPLICANT: Judy Coursolle
4656 Pleasant St.
Prior Lake, Minnesota 55372
SUBJECT SITE: 4656 Pleasant Street, legally described as;
The East 40' of Lot 6 and the West 20' of Lot 5, Block 2, Cates
Addition.
REQUEST:
The applicant proposes to operate a business involving 1 6-
passenger limousine. A portion of the house would be used for
booking the limousine. The vehicle would be parked on the
premIses.
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: September 13, 1995
16200 ~~-~reek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4h7-4245
AN EQUAL OPPORTUNITY EMPLOYER
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NOT 'ICE
The planning commission Agenda and Planning Report will be
available the Thursday preceding the MondaY planning commission
Meeting. please check one of the following is you wish a copy.
please mail the Planning commission Agenda and Planning
Report.
I will pick up the Planning commission Agenda and
planning Report.
(1/
ADDRESS:
~
SW~lllti~ ~
Ll05to P /(4 LJti~~~ ~ 1zJ~
NAME:
- -----------
AFF1:DAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT }
)ss
STATE OF MINNESOTA)
Cbt{J1)~ &M~ , of the" City of Prior "ake. County of
Scott in the St.{te~, l:>eing duly sworn, sa.ys that on
the ~ day of ., 1995, she served th~ attached
list of persons to ha e interest in the(l~l~ tiO. ~. ' 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 par;ies.
.~
. .',"
Subscribed and sworn to me this
day of , J.99S.
j.'
v
NOTARY PUBLIC
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RECEIPT
No 26250
Q'6rqj
DATE
CITY 0 F
PRIOR LAKE
4629 DAKOTA STREET S.E., PRIOR LAKE. MN 55372
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Rece i ved of \"lJ(tCL l . U./'t<.J (, evc-
whose address-Jnd/or ~egal description is
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the sum, of ~-'H~ /\'v!tvV
for the purpos~ ofl
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Reference f~voice No.
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(,Z~/{litR- (/It'U,;I!Cl- '1_
Receipt Clerk for the City of Prior Lake
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