HomeMy WebLinkAboutHO95-06 Anderson
REGULAR PLANNING COMMISSION
AGENDA
MONDAY, SEPTEMBER 25, 1995
7:00 p.m.
Call Meeting to Order
Roll Call
Review Minutes of Previous Meeting
HEARINGS:
1.
Geri Anderson - Home Occupation Request - 16575 Dutch
Avenue, applicant requests approval to operate a picture
framing business.
2. Judy Coursolle - Home Occupation Request - 4656 Pleasant
St., applicant requests approval to operate a limousine service.
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 instead of the required
75 feet; a 5 foot variance to permit a front yard setback of 20
feet instead of the required 25 feet; and a 5 foot variance to
permit a side yard on the South of 5 feet instead of the required
1 0 feet.
4. Vaughn and Henriette Lemke - Request for Variance - 14472
Shady Beach Trail, applicant requests the following variances:
a 26 foot variance to permit a lakeshore setback of 49 feet
instead of the required 75 feet; and a 2.5 foot variance to
permit a side yard on the East of 7.5 feet instead of the required
1 0 feet.
5. Michael and Lavon Mrugala - Request for Variance - 3874
Green Heights Trail, applicant requests the following: a 15 foot
variance to permit a lakeshore setback of 60 feet instead of the
required 75 feet; a 6 foot variance to permit a front yard
16200 ~5~ek Ave. S.E.. Prior Lake. MinnesotaP~372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTIJNITY EMPLOYER
6.
7.
8.
9.
AG92595.DOC
setback of 19 feet on the Southwest instead of the required 25
feet; and a 8% variance to permit impervious surface coverage
of 30.8% instead of 30%.
Elmer Clarke - Request for Variance - 16286 Park Avenue,
applicant requests the following: a 28 foot variance to permit a
lakeshore setback of 47 feet instead of the required 75 feet; and
a 7.9 foot variance to permit a side yard on the South of2.1
feet instead of the required 10 feet.
PUBLIC HEARING - The Wilds North - Comprehensive Plan
Amendment - Rezoning.
PUBLIC HEARING - Consider Ordinance 95- amending
Sign Ordinance 94-06.
Fairview Hospital and Healthcare Services - Conditional Sign
Permit, Lots 1,2 and 3, Block 2, Second Addition to Westbury
Ponds.
PAGE 2
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
1
CONSIDER HOME OCCUPATION REQUEST FOR
GERALDINE F. ANDERSON
R. MICHAEL LEEK, ASSOCIATE PLANNER
YES-X-NO
SEPTEMBER 25, 1995
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The Planning Department has received an application for a Home Occupation Permit
from Geraldine F. Anderson of 16575 Dutch Ave. SE. The applicant requests approval
to operate a picture framing business. The activities of the business would be carried out
in 1 room of the basement and 1 room of the upper level of the house, as well as a
workshop area in the existing, attached garage.
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 of the 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 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.
B. The home occupation shall be carried on wholly within the principal or
accessory structures.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4h7-4245
AN EQUAL OPPORTUNITY EMPLOYER
The house and garage are one structure. The occupation would be carried on wholly
within the structure. The use of the workshop would not interfere with the parking
capacity of the garage.
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 doe not propose the sale of any items other than the framing.
F. The home occupation shall not create excessive automobile traffic within
the neighborhood.
Because picture framing is a somewhat time intensive activity, the amount of vehicle
traffic generated by people dropping off and picking up work 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 picture framing business at 16575 Dutch
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:
Staff recommends approval with the following conditions;
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 sale of products other than picture framing on the premises.
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 requirement shall be deemed grounds for immediate
revocation of the Home Occupation Permit.
7. The Home Occupation may be reviewed annually by the City.
3
RESOLUTION 9531PC
A RESOLUTION GRANTING A HOME OCCUPATION PERMIT FOR GERALDINE
F. ANDERSON TO OPERATE A PICTURE FRAMING BUSINESS OUT OF HER
RESIDENCE AT 16575 DUTCH AVENUE SE.
BE IT RESOLVED BY the Planning Commission ofthe City of Prior Lake, Minnesota;
FINDINGS
1. Geraldine F. Anderson has applied for a home occupation permit under from
Section 6.8 ofthe Zoning Ordinance in order to permit her to operate a picture
framing business from her residence which is located in the R1- Suburban
Residential zoning district at the following location, to wit;
Lots 1 and 2, Spring Brook Park Second Addition, Scott County,
Minnesota.
2. The Planning Commission has reviewed the application for home occupation
permit as contained in Case #H095-06, 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 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 H095-06 are hereby entered into and made a part
of the public record and the record of decision for this case.
16200 ~MI~~.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 other than picture framing 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 September 25, 1995.
Thomas V oOOof, Chair
ATTEST:
Donald R. Rye
Planning Director
RESOLUTION 9531PC
2
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CI'lY OF PRIOR LAKE
APPLICATION FOR HCJ.1E OCaJPATION PERMIT
Applicant:
Address:
Hane Phone:
Property Owner:
Address:
Hane Phone:
Gera.fo!itle- ~. A-l1cPersof1
l(ps"7"5> 6u-fcJ1 A~ ,3,e.
411-$0'lS-
L.lJN1 0: OJ Gl'rafc1;Ac-
/ ~<;;1<::: () u -k-/, A () e.- S. E.
Lfc.f?-~IJ VS-
Work Phone:
1=. .JhuI pYS,. D 1/
~~-g7/g-
Work Phone:
445-87/3
Legal Description of Site: ./...0+ S /-s. z.. 5Prl'A' f1ro4/t:.. P4r1c.. ~eclJMl. .4J"U'.f-/4Vl
Propety Identification Number (PID): eR.:::,-/D/OO ItJ - 0'3i10;OOOOOO/oO "
Nature and Size of Hane Occupation:
~;;*."'- fra- '"1 ilL, <' .p S-<<.: (J..VJ b fc J ".. "', ou""M'fj P'rfi '^
___~{?~ wilrt:.ShC'p; ~ eJ4..rrPr ',(".I'><.J~ t::<.t!.4r.DntJdes .a c.tr~ tt.-...J
I ...; II <.f.; 1/ tP il ot!.A'JVr -nL."s'
It'.? - 9 f\I1
o-ll-
us e...
Present Zoning:
Reasons for Request:
5+a.rTi...., b(.(s.:n~<:".$ IPtL+ a+- Y^, ho/'H-'
SUBMISSION RIDUIREMENTS: (A) Canpleted application form. (B) Filing Fee.
(C) Names and addresses of abutting property cwners. (D) Parcel ID (PID).
CNLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY 'mE PI.,ANNm3<DMMISSION.
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
follav the procedures as outlined in the Ordinance.
~=t.~
Applicants Signature
Sutmitted this t-i'R. day of ~ 197') ~ =I ~/,~.J )
Fee Owners Signature
'mIS SPACE ro BE FILLED our BY 'mE PLANN[N;. DIREX:TOR
PLANNING <DMMISSION
CITY COUN:IL APPEAL
APPROlID
APPROlID
DENIED
DENIED
HE:ARm; DATE
HE'.AR]N; DATE
Conditions:
Signature of the Planning Director
Date
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NOTICE OF HEARING FOR A HOME OCCUPATION PERMIT
TO OPERATE A PICTURE FRAMING 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 ofC.R. 21 and Fish Point Road), on: Monday, September 25,1995, at 7:00
p.m.
APPLICANT:
Geraldine F. Anderson
16575 Dutch Ave. S.E.
Prior Lake, Minnesota 55372
SUBJECT SITE: 16575 Dutch Ave. SE., legally described as
Lots 1 and 2, Spring BrookPark Second Addition
REQUEST:
The applicant proposes to operate a picture framing business
in 1 room of the basement ofthe existing house, and a portion of
the existing 3-car garage. The workshop area in the garage would
not reduce the parking space in the garage.
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) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
MONDAY, SEPTEMBER 25, 1995
The September 25, 1995, Planning Commission Meeting was called to order by
Commissioner V oOOof at 7 :03 p.m. Present were Commissioners Arnold, Roseth and
V oOOof, Intern Commissioners Criego and Wuellner, Planning Director Don Rye,
Associate Planner Michael Leek and Recording Secretary Connie Carlson.
ROLL CALL:
Arnold
Roseth
Loftus
V oOOof
Kuykendall
Intern Commissioners:
Criego
Wuellner
Present
Present
Absent (arrived at 7:18 p.m.)
Present
Absent
Present
Present
REVIEW OF THE SEPTEMBER 11, 1995 MEETING MINUTES:
Under Loftus Comments on page 2, change the word "form" to "from".
MOTION BY ROSETH, SECOND BY ARNOLD TO APPROVE THE MINUTES AS
AMENDED.
Vote signified ayes by Roseth, Arnold and VoOOof. MOTION CARRIED.
#1. GERALDINE ANDERSON - HOME OCCUPATION REQUEST - 16575
DUTCH AVENUE, APPLICANT REQUESTS APPROVAL TO OPERATE A
PICTURE FRAMING BUSINESS.
Associate Planner Michael Leek presented the information in the Staff Report dated
September 25, 1995. Staff recommended 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 other than picture framing on the premises.
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 requirement shall be deemed grounds for immediate
revocation of the Home Occupation Permit.
7. The Home Occupation may be reviewed annually by the City.
MN92595.DOC
PAGE I
..
~
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.
V ote taken signified ayes by Roseth, Arnold and V oOOof. MOTION CARRIED.
#2. JUDY COURSOLLE - HOME OCCUPATION REQUEST - 4656 PLEASANT :-
ST.. APPLICANT REQUESTS APPROVAL 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.
MN92595.DOC
PAGE 2
AFF~DA~T OF SER~CE BY MAXL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
(J;~ ~ffT1 , ;f the' City of Prior "ake, County of
Scott(~n the Stat~of Minpesota, being duly sworn, says that on
the .? day of ~f.nDr, 1995, ~~e _ served the ~ attached
list of persons to h ve interest in the~ ~ ~ , 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 , 1995.
NOTARY PUBLIC
MFMt.
RECEIPT
No 26262
DATE _y~~ -?) 1995'"
CITY 0 F
PRIOR LAKE
4629 DAKOTA STREET S.E., PRIOR LAKE. MN 55372
Recei ved of .4..bV'~~./ ~
whose address and/or legal description is l~-f~ ~~;t;L~/A:::.
~ ~
the sum of
for the purpos 0 Z e~~~
dollars
~b~
Reference Invoice No.
od'
$ 5u.
f~M~~~~
Receipt Clerk for the City of Prior Lake
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