HomeMy WebLinkAboutHO95-07 Home Occ
November 13, 1995
Douglas and Pamela Colby
5293 Brooks Circle SE
Prior Lake, MN 55372
RE: Home Occupation Application
Dear Mr. and Mrs. Colby:
I am returning your check in the amount of$50.00 to the City of Prior Lake for filing fees
for the Home Occupation Permit Application you withdrew. If you have any questions
please let me know.
Sincerely,
~LUW ~~'Y\---
/
Connie Carlson {
Planning Dept. Secretary
enc.
DOUGLAS A. OR PAMELA K. COLBY
52.93..B........R.....p.. OKS CIRCLE, SE 440-5457 ......:..~...~.~........;)J
PRIO~;"tKE. MN 5&~i"i e .' d- /
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FIRST B NK BURNSVI t~i~,"....... ..\\
900 WEST COUNTY ROAD 42 '.~
BURNSVILLE, MN55337"
17-2/910
I $ "5D ..Do
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CTIiE CHECK STORE. 1-8OO-4CHECKS
puppy lOVE
16200 ~([:reek Ave. S.E., Prior Lake, MinnesO'tWI553'72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING REP RT
AGENDA ITEM:
SUBJECT:
3.D.
DOUGLAS AND PAMELA COLBY, HOME
OCCUPATION REQUEST
5293 BROOKS CIRCLE
R. MICHAEL LEEK, ASSOCIATE PLANNER
YES --X. NO
NOVEMBER 13, 1995
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
On Monday, November 6, 1995, Pamela Colby contacted the author of this report and
indicated that they would be moving in December and were concerned that the permit, if
granted, would not be transferable to their new address. They were advised to withdraw
the present application, and to make a new application after their move. They indicated
their intention to withdraw the present application.
16200 ~QWeek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
,
~ i'
131995 i@'
Doug & Pam Colby
5293 Brooks Circle SE
Prior Lake, MN 55372
November 8, 1995
Michael Leek
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Michael:
At this time we would like to withdraw our application for a Home Occupation Permit. OUf
current house has sold and we will be moving on December 28th. We will be moving into
our new house on January 30th. Our new house is also located in Prior Lake, so we will be
re-applying for the permit at that time.
Thank you for all your assistance.
Sincerely,
;l-~
Pam Colby
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
AL TERNA TIVES:
STAFF AGENDA REPORT
6
R. MICHAEL LEEK, ASSOCIATE PLAi'mER
PUBLIC HEARING TO CONSIDER AN Ai\1ENDMENT TO
PRIOR LAKE ZONING ORDINANCE 83-06 BRINGING
THE ORDINANCE INTO COMPLIAi'1CE WITH STATE
MANDATED TIME LIMITS FOR ACTION ON REQUESTS
RELATED TO ZONING.
OCTOBER 25, 1995
During the 1995 legislative session a bill was based which
basically requiring that agency decisions on zoning, septic
system and MUSA issues be made within 60 days of receipt of
an application. Agencies are required to notify applicants
within 10 days if an application is incomplete or the application
will be deemed complete. The deadline may be extended one
time for specific reasons and for a period not to exceed 60
additional days. The attached draft ordinance incorporates these
requirements into the administrative provisions of the Zoning
Ordinance.
1. Recommend approval of the proposed ordinance
amendment as written or with changes as identified by the
Planning Commission.
2. Recommend denial of the proposed ordinance amendment.
Continue or the public hearing for additional information or
3. other specific reasons.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
STAFF
RECOMMENDATION
ACTION REQUIRED:
2
Alternative #1.
A motion to adopting the recommendation of the Planning
Commission.
FIRST DRAFT
CITY OF PRIOR LAKE
ORDINANCE NO. 95-
AN ORDINANCE AMENDING SECTIONS 7.5A, 7.5B, 7.6B, 7.9D AND 7.9E OF
PRIOR LAKE ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
Section 7.5 of the Prior Lake Zoning Ordinance 83-6 is hereby amended to read as
follows:
Zoning Ordinance 83-6, Section 7.5A is hereby amended as follows;
Application: Prior to filing an application for conditional use the
prospective applicant(s) will schedule a preliminary meeting with the
Zoning Officer or appointee to discuss items including. but not limited to
the nature of the proposed use. consistency of the proposal with applicable
City standards and information required for a formal application.
Applications for conditional uses will be filed with the Zoning Officer and
shall be accompanied by:
.i. The time limit for action on a request for conditional use permit begins
upon receipt of a written request containing all the information required by
this section. Within ten (10) business days of receipt of an incomplete
written request for conditional use permit. the applicant(s) will be sent
written notice specifying the missing information. In that event. the time
limit will commence upon receipt of the required. missing information. If
the Zoning Officer or other designated official fails to send notice of
missing information, the time limit will run from the date of receipt of the
written request.
Zoning Ordinance 83-6, Section 7.5B is hereby amended to as follows:
1. The Board of Adjustment shall forward its recommendations to the City
Council within forty five (45) days l:IDless the petitioner agrees in '.'Jriting to
a time extension thirty (30) days of receipt of the application. and/or
roadways. Failure of the Board to act within the allotted time shall be
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4h7-4245
AN EQUAL OPPORTUNITY EMPLOYER
FIRST DRAFT
deemed to be a favorable recommendation.
2. The City Council shall approve or deny the request within 60 days of receipt
of the request per Section 7.5A(5) above. The City Council may extend the
time limit for review by a period not to exceed sixty (60) days by providin~
written notice to the applicant settin~ forth the reasons for the extension and
its anticipated lenfith. The time limit may be extended for a period ~reater
than 60 days with the a~reement of the applicant.
;h The City Council may attach such conditions to the approval of any
J... conditional use as may be necessary. The approved site plan includinfi the
inclusion of any and all attached conditions shall be submitted to filed by tee
petitioner with the Zoning Officer within thirty (30) days of final approval ~
the City Council. Any development contrary to the approved plan shall
constitute a violation of this Ordinance.
Zoning Ordinance 83-6, Section 7.6B is hereby amended as follows:
1... Prior to filin~ an application for variance the prospective applicant(s) will
schedule a preliminary meetinfi with the Zoninfi Officer or appointee to
discuss items includin~, but not limited to the nature of the proposed use.
consistency of the proposal with applicable City standards and information
required for a formal application.
(Existing items 1 and 2 to be renumbered for consistency)
4. The Board of Adiustment shall approve or deny the request within 60 days of
receipt of the req~est per Section 7.6B(5) below. The Board of Adjustment
may extend the time limit for review by a period not to exceed sixty (60)
days by providin~ written notice to the applicant settin~ forth the reasons for
the extension and its anticipated length. The time limit may be extended for
a period ~reater than 60 days with the a~reement of the applicant.
2.. The time limit for action on a request for variance be~ins upon receipt of a
written request containinfi all the information req..uired by this section.
Within ten (10) business days of receipt of an incomplete written reQJlest
for conditional use permit. the applicant( s) will be sent written notice of
specifyin~ the missin~ information. In that event. the time limit will
commence upon receipt of the req..uired. missin~ information. If the
Zoninfi Officer. or other designated official. fails to send notice of missin~
information. the time limit will run from the date of receipt of the written
2
FIRST DRAFT
request.
6... In the event a decision of the Board of Adjustment is appealed to the City
Council. the a,ppeal shall constitute a separate action and the time limits
shall be calculated from the date the appeal is received in the City Plannin~
Department.
Zoning Ordinance 83-6, Section 7.9D is hereby amended as follows:
4. The Planning Commission shall hold the public hearing and shall then
recommend within shet)' (60) days thirty (30) days approval, denial or
conditional approval, transmitting its recommendations to the City Council
for official action.
i:. The City Council shall approve or deny the request within 60 days of receipt
of the request as set forth in Section 7.5A(5) above. The City Council may
extend the time limit for review by a period not to exceed sixty (60) days by
providing written notice to the applicant setting forth the reasons for the
extension and its anticipated length. The time limit may be extended for a
period greater than 60 days with the agreement of the applicant.
Zoning Ordinance 83-6, Section 7.9 is hereby amended as follows:
AMENDMENTS: Prior to filing an application for variance the prospective
applicant(s) will schedule a preliminary meeting with the Zoning Officer or
appointee to discuss items including. but not limited to the nature of the
proposed use. consistency of the proposal with applicable City standards and
information required for a formal a,pplication. The City Council may by a
two-thirds vote of all its members amend this Ordinance as proposed by the
City Council, by the Planning Commission or by petition of a person owning
property within Prior Lake in accordance with the following provisions:
Zoning Ordinance 83-6, Section 7.9E is hereby amended as follows:
3. HEARINGS: At the time set for the hearing, the City Council shall hear
arguments for and against the proposed change, and the City Council shall
approve or deny the request within 60 days of receipt of the request as set
forth in Section 7.5A(5) above. The City Council may extend the time limit
for review by a period not to exceed sixty (60) days by providing written
notice to the applicant setting forth the reasons for the extension and its
anticipated length. The time limit may be extended for a period greater than
60 days with the agreement of the applicant. If the hearing is continued
more than once, renotice to the public shall be required.
.i.. The City Council shall approve or deny the request within 60 days of receipt
3
FIRST DRAFT
of the request as set forth in Section 7.5A(5) above. The City Council may
extend the time limit for review by a period not to exceed sixty (60) days by
providinfj written notice to the applicant settinfj forth the reasons for the
extension and its anticipated lenfjth. The time limit may be extended for a
period greater than 60 days with the afjreement of the applicant.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
,1995.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,1995.
Drafted By:
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372
4
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
5
CONSIDER HOME OCCUPATION REQUEST FOR
DOUG AND PAM COLBY
R. MICHAEL LEEK, ASSOCIATE PLANNER
YES-X-NO
OCTOBER 25, 1995
INTRODUCTION:
The Planning Department has received an application for a Home Occupation Permit
from Doug and Pam Colby of 5293 Brooks Circle SE. The applicant requests approval
to operate a business involving small, candy vending machines. The machines would be
stored in I room of the house, and would be delivered to various locations using a normal
passenger vehicle. The business is not expected to generate any traffic by visitors or
customers.
SITE CHARACTERISTICS:
The subject property is developed with a single-family house with attached garage. The
paved driveway appears large enough to accommodate 2 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 applicants who resides on the property.
There would be no other employees of the occupation.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4h7-4245
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 the existing 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, 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 or lease of any items other than the small vending
machines which are the subject of the instant request.
F. The home occupation shall not create excessive automobile traffic within
the neighborhood.
The only traffic expected to be generated by the proposed business would be the trips
needed for the applicants to make deliveries or pick-ups off site. This obviates the need
for additional off street parking.
ALTERNATIVES:
1. Approve the home occupation permit for a business involving small vending
machines at 5293 Brooks Circle 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 the vending machines or their contents on the premises.
4. No employees beyond the two (2) applicants/operators.
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
NOTICE OF HEARING FOR A HOME OCCUPATION PERMIT
TO OPERATE A SMALL VENDING 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, October 9, 1995, at 7:00
p.m.
APPLICANT: Douglas A. And Pamela K. Colby
5293 Brooks Circle SE.
Prior Lake, Minnesota 55372
SUBJECT SITE: 5293 Brooks Circle SE., legally described as Lots 7, Block 4,
Brooksville Hills Second Addition, Scott County, Minnesota.
REQUEST: The applicant proposes to operate a business involving the storage
in 1 room of the existing house of small vending machines to be
placed in other locations. Deliveries of these machines would
occur a few times per year.
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: October 2, 1995
1620IQoE~~re Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 441-4245
AN EQUAL OPPORTUNITY EMPLOYER
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
&MJ1 ~f7c.--, of the' City of. Prior Lake, County of
Scott~~~ the S at~Minnesota, being dU. ly sworn, says that on
the ~~ day of vu/;z/J.(I --r- 1995, ~rvd?d the attached
list of persons to have interest in the - 'C{A.4,~ by
mailing to them a copy thereof, enclosed in an envel pe, 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
ilFFML
NOTICE OF HEARING FOR A HOME OCCUPATION PERMIT
TO OPERATE A SMALL VENDING 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, November 13,1995, at 7:00
p.m.
APPLICANT: Douglas A. And Pamela K. Colby
5293 Brooks Circle SE.
Prior Lake, Minnesota 55372
SUBJECT SITE: 5293 Brooks Circle SE., legally described as Lots 7, Block 4,
Brooksville Hills Second Addition, Scott County, Minnesota.
REQUEST: The applicant proposes to operate a business involving the storage
in 1 room of the existing house of small vending machines to be
placed in other locations. Deliveries of these machines would
occur a few times per year.
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: November 1, 1995
16200 ~~-~reek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
HO Qb-07
pm. . $- OIC,- 0'/;;'-0
CI'lY OF PRIOR LAKE
APPLICATION FOR Ham OCClJPATION PERMIT
rk PhOne:
Work Phone:
Natur,e am Size of, be~on: ~~s~ng~
~~--,- ~~ '. ~
Present Zoning: 0ls I (ie..trl, bJ
Reasons for Request: .::h:L~ ~ h Y"')('~~m€..O-nd
~t'1\ C)...}{' (')u.)^ ~~(\~n-ess.
~~ 0 _ .f>f\(lnSR~~1 rY\l\~ lr~rM~:f-{lrY\.
SUBMISSICN REDUIREMENTS: (A) Canpleted application fom. (B) Filing Fee.
(e) Names and addresses of abutting property owners. (D) Parcel m (pm).
CNLY COMPLETE APPLICATICNS SHALL BE REVImID BY '!HE PJ:.ANN]K; CDMMISSION.
To the best of ~ knowledge the infor.mation presented on this fom 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 infor.mation and
follow the procedures as outlined in the ~
. IC~
~ c:.n M-. Applicants Signature '"
SUI:Illitted this 15- day of ~ 193? YO-.-rnP.~ 7- (~
Fee Owners Signature
'!HIS SPACE TO BE FILLED OOT BY '!HE ~ DIREX:TOR
PJ:.ANNIOO <DMMISSICN
CITY <XXJR::IL APPEAL
APPROlED
APPROJID
DENIED
DENIED
IJEAR]R; D.\'l'E
IJEAR]R; D.\'l'E
Conditions:
Signature of the Planning Director
Date
September 29,1995
Doug and Pam Colby
5293 Brooks Circle SE.
Prior Lake, Minnesota 55372
Your application for Horne Occupation permit has been received and is complete.
Unfortunately, it was received too late to place it on the September 25th Planning
Commission agenda. Your request will be placed on the agenda for October 9,1995. A
notice ofthe hearing, and the staff report will be sent to you during the week of October
2, 1995. If you have any questions in the mean time, feel free to call me.
Very ~~ yours,
/'4/.. ~
.//.- . /. ../
....<). A?~d '-
R. Michael Leek
Associate Planner
16200 ~~~~Ii\ve. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
TO:
FROM:
DATE:
RE:
Connie Marie,
MEMORANDUM 2S
Connie Carlson
R. Michael Leek
September 29, 1995
Colby Home Occupation Permit Application
Please start a new file for this application, and send the notice to the attached property
owners. Thanks.
CONNY929.DOC
1
September 15, 1995
TO:
Planning Commission
FROM:
Doug & Pam Colby
RE:
Application for Home Occupation Permit
We will be starting a small vending business. We have a computer room in the basement
of our house that will be used for the business. The functions that will be performed on our
property are the bookkeeping and computer work. We will be having small candy machines
delivered to our house a few times per year. These machines will then be placed in other
locations. While they are temporarily in our house, they will be kept in the computer room.
We will not be having any special vehicles for our business, nor will there be any clients or
outside traffic coming to our property. The business will not be visible from the outside of
the house.
Our next door neighbors are:
5277 Brooks Circle - Joseph Adamic
5307 Brooks Circle - Tom Boman
5301 Brooks Circle - Ron & Marlys Fleck
Across the street is:
We do not have any neighbors to the back of our property, just woods.
I would like to be scheduled for the Monday, October 23rd meeting.
Thank You.
~
AFFZDA~T OF SER~CE BY MAZL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
, of the City of Prior Lake, County of
Scott~he Stat '~A~i~~~2ta, being duly sworn, says that on
the . day of ~~ 1995, ser e attached
list of persons to have interest in the by
mailing to them a copy thereof, enclosed in 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
AF?'ML