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HOOIPR
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
1
CONSIDER HOME OCCUPATION REQUEST FOR CYNTHIA
AND CHARLES AUSTIN
GINA MITCHELL, ASSOCIATE CITY PLANNER
_YESXNO
APRIL 21, 1994
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The Planning Department has received an application for a Home Occupation Pennit from Cynthia and
Charles Austin of 15231 Howard Lake Road. The applicants are requesting the Planning Commission to
grant them a pennit to allow them to operate an antique shop in a remodelled, (11' 10" x 26' 9")
tuck-under garage. The applicants are proposing that the shop would be open two (2) days a week, on the
weekends, from 10:00 to 5:00.
SITE CHARACTERISTICS:
The subject site is relatively flat, and consists of approximately 39,204 square feet. The lot is roughly 90'
wide at County Road 82, and 400' deep. The development on the lot has occurred close to the County
Road, and consists of the applicants' home and a small shed. The applicants have a bituminous driveway
which is approximately 80' long, and also a gravel area adjacent to the driveway which could be used for
additional parking.
The area is almost completely developed with 11 single family homes. There are 4 vacant lots in this area
that may eventually develop with single family homes if County Road setback variances are granted. The
homes on the adjacent lots to the east and west are approximately 80' away from the applicants'. There is
a limited amount of buffering that has been done with some trees between the adjacent properties.
The neighborhood is residential in composition, with Lone Pine Golf Course being the nearest
commercial activity to the applicant's home. The proposed home occupation will depend on a flow of
customers to the home. The applicant has stated that there is room for the parking of at least six cars in
the driveway. There have been no previous proposals of this nature submitted by the applicants. See
attached Land Use Map for reference.
ADJACENT USES:
The subject site has direct driveway access to County Road 82, near the intersection of County Road 17.
The subject site is is zoned A-lSD, Agricultural - Shoreland District, and the 2000 Comprehensive Plan
Land Use designation is Agricultural. The existing land use is in conflict with the Comprehensive Plan
and Zoning Ordinance. The neighborhood is developed with single family homes located on Lots of
Record which were divided by Eagle Creek Township. The Zoning Ordinance and Comprehensive Plan
indicate a rural use for the area, however, the City is obligated to grant pennits to existing lots/parcels of
record. The area is developed with 11 single family homes within close proximity of each other. The
existing development pattern is more reflective of an R-l Zone than the planned agricultural district, with
the exception that the site is not within the Urban Service Area and therefore is not served by municipal
sewer and water.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The neighborhood is located close to the Shakopee Mdewakanton Dakota Community (SMDC), which is
experiencing intense commercial/recreational development. The SMDC development and development
of the existing lots/parcels of record are not under the control of City/County regulations. The result is
that there is a development pattern which is inconsistent with rural road access and development policies
as well as rural land use regulations of the City. The proposal is to operate an antique shop which is a
commercial/retail operation, not intended by the Zoning Ordinance to be a home occupation. Staff is
concerned that the A-I Zone is not the appropriate district for the proposed use, but that it should be
located in a commercial zone where appropriate parking, screening and occupant loads are provided. The
antique shop may result in undesirable overflow parking on the County Road and an increased number of
undesirable vehicle movements to the proposed home. Traffic and safety considerations should not be
further exasperated beyond the individual single family driveway access points on County Road 82.
STAFF ANALYSIS:
The basic premise of a home occupation is that the permit would not be granted to an operation which
would disrupt the neighborhood. Disruptive uses are prohibited and can have their permit revoked.
Incompatible uses are directed to the appropriate business or commercial zones. Stringent guidelines are
placed on all applications per attached Section 6.8, Home Occupations of the Zoning Ordinance.
Perhaps the most significant aspect of a home occupation is the potential impact on the immediate area.
Traffic generated, safety, parking, hours or use, and effects of the occupation itself are important criteria
when considering the application. The type of home occupation permits granted in the past ten years
include: photography studio (by appointment), locksmith, pottery studio (with no sales to the general
public), art studio, flower arrangements sold on consignment basis only, waterski school, glass repair
service (all work conducted off-site), air conditioning repair (all work conducted off-site), wholesale fire
extinguisher sales, teach cake decorating and knitting classes, marine consulting service, computer
consulting, one chair beauty salon, and an accounting practice.
Typically, the type of home occupation permits granted are of a a professional or consulting service nature
or with restricted client access by appointment. They usually involve business conducted off site or
occasional visits on site. In September of 1991 the Planning Commission granted a similar Home
Occupation Permit as this request to Gabriele Franklin of 15220 Eagle Creek Avenue. The permit
allowed the applicant to manufacture handmade jewelry out of the former Prior Lake Depot building that
was moved onto their 2 1/2 acre property. Although the retail aspect of the Home Occupation was not
consistent with the intent of the Home Occupation, and staff recommended denial of the retail component
of the application, the Planning Commission approved the application. The minutes reflect that the
approval was granted because the property was large, well screened, had a turnaround type of driveway
with parking room for four vehicles, the old depot building was a historic accessory structure, and
because the applicants viewed the operation as an artistic expression, not a retail operation. Please see
attached staff report and Planning Commission minutes for further reference.
The proposed antique shop will not restrict the possible number of clients due to the retail nature of the
operation. Other home occupation permits generally include sale of items produced on the premises. The
antique shop will sell items not produced on site which is an element of the home occupation regulations
that is not encouraged. In general, retail establishments depend on a high traffic volume and good
customer base to succeed. A home occupation is specifically not a method to introduce business ventures
into residential neighborhoods, but rather, a low intensity, accessory use which will not, in any manner,
detract from the residential/neighborhood atmosphere.
ALTERNATIVES:
1. Approve the home occupation permit for an antique shop at 15231 Howard Lake Road as
submitted and/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 and
other facts as defined by the Planning Commission.
RECOMMENDATION:
The recommendation is to deny the proposed permit on the basis that it is a retail operation and not
consistent with the intent of the purpose of the A-I Zone nor the Home Occupation Permit chapter of the
Zoning Ordinance.
1. The lot is relatively small, consisting of approximately 39,204 square feet, and is located in an
intensively developed neighborhood where it is likely that the proposed home occupation would
be a noticeable deviation from the residential environment.
2. The applicants do not have a garage because of the remodeling for the anticipation of this antique
shop. A need for the construction of a garage in the future may require several variances,
depending on the specific location. The Planning Commission has considered the lack of a
garage to be a hardship for granting variances, and should not consider this remodeling of their
current garage for commercial operation to be a hardship, should a variance be requested in the
future.
3. The proposed operation has the potential to create and/or further exasperate traffic and pedestrian
safety problems associated with limited on-site parking, multiple driveways and the close
proximity of structueres to County Road 82.
4. The antique shop is a conducive use within any of the Business Zones within Prior Lake. The
applicant should be encouraged to work with the EDC and Bonnie Carlson to find a suitable
location in one of the many vacant retail buildings, to locate the antique shop.
5. The Planning Commission should carefully consider the possible impacts of each home
occupation permit. The propensity for any commercial operation is to expand its hours of
operation, inventory, customer base, employees, etc., to increase profits. A home occupation is
distinctly different than a use permitted in a business zone because it is accessory or incidental to
the single family home. There should be no indications that there is anything other than a
residence on the site.
6. In communities such as Buffalo, Shakopee, LeSeuer, Jordan, Belle Plaine, Stillwater, and
Redwing, antique shops are generally located within business districts or on large acreage tracts
in rural areas in old structures such as barns, farm houses or other rural setting. The setting of the
home at 15231 Howard Lake is a developed single family neighborhood in close proximity to the
intense commercial development of the SMDC. As such, the subject site is not conducive to the
use proposed.
If it is the intent of the Planning Commission to approve the Home Occupation Permit, staff recommends
the following conditions be included:
1. No off-site parking.
2. Signage be restricted to one (1), two (2) square foot sign.
3. No transfer of Home Occupation Permit.
4. No outside storage.
5. If complaints are received, an immediate review of the Home Occupation Permit will be
done by the Planning Commission.
6. Parking will be permitted only on the bituminous driveway.
7. The antique shop will be limited to the original 11' 10" x 26' 9" tuck-under garage
location.
8. Employees will be limited to the applicants.
9. The hours of operation will be 10:00 a.m. to 5:00 p.m., Saturdays and Sundays only.
10. Inventory will be limited to the applicant. No consignment sales from persons other than
the applicant will be permitted.
11. A paved turn around driveway will be provided so that vehicles will not back onto
County Road 82.
Applicant:
Mdress:
Bane Phone:
Property Owner:
Mdress:
Bane Phone:
CI'lY OF PRIOR LAKE
APPLIC'ATIOO FOR HCME OCQJPATIOO pERMIT
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Legal Description of Site:
Propety Identification Number (PID):
Nature and Size of Hane Occupation:
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~t\ RrlBMISSIOO REDUIREMEN1'S: (A) Canpleted. application form. (B) Filing Fee.
JF Ie) _s and addresses of .putting property owners. (0) Parcel m (pm).
<maY OOMPLETE APPLICATIOOS SHALL BE RE,vnWED BY mE l'IJ\NN]N; <DMMISSIOO.
To the best of nw knowledge 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 prO\1ide information and
follow the procedures as outlined in the ~
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SUbnitted this $- day of ~ 19...17
Fee Owners Signature
mIS SPACE TO BE FILLED 0t11' BY mE PLANNOO DIRECl'OR
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CI'lY <XX.JM:IL APPEAL
APPROJID X DENIED Li - Z J - q it
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Conditions:
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6.8
HOME OCCUPATIONS: Any home occupation such as an art studio, dress
making, teaching or the professional office of a physician, dentist, lawyer, engineer
architect or accountant, may be permitted as an accessory use if it complies with the
requirements of this section. The Prior Lake Planning Commission may issue a Home
Occupation Permit following a hearing for which abutting property owners have been
notified.
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 part of the family.
The home occupation shall be carried on wholly within the principal or accessory
structures.
B.
C.
Exterior displays or signs other than those permitted under Section 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.
D.
Objectionable noise, vibration, smoke, dust, electrical disturbance. odors, heat or glare
shall not be produced.
E.
Articles not produced on the premises shall not be sold on the premises, without a
specified permit.
F.
The home occupation shall not create excessive automobile traffic within the
neighborhood.
30
NOTICE OF HEARING
EQR
HOME OCCUPATION
You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the
City Council Chambers located at City Hall, 4629 Dakota Street S.E. on:
Thursday:. April 21. 1994 at 7:30 p.m.
PURPOSE OF HEARING:
To consider a Home Occupation Permit for an antique
shop, by Cynthia and Charles Austin.
SUBJECT SITE:
15231 Howard Lake Road NW, Shakopee, Minnesota.
The property is legally described as: the Easterly 100' of
Westerly 300' of that part of Government Lot 2
commencing North 1/4 corner of section, South 1384.20',
East 435' to point of beginning, East 602.3', South
553.25', Northwest 684.35', Northeast 334.14' to point of
beginning.
REQUESTED ACTION:
The applicant is requesting the Planning Commission to
grant a home occupation permit for the above
mentioned business. The applicant proposes to open a
small antique shop in a redone garage located on the
applicant's property. The shop would be open two (2)
days a week, on the weekends, from 10:00 to 5:00. The
Prior Lake Zoning Code requires that small businesses,
proposed within single family homes or accessory
structures, receive a Home Occupation Permit from the
Prior Lake Planning Commission. The Planning
Commission may attach conditions of approval to the
Home Occupation Permit, based upon the nature of the
proposed business and neighborhood conditions.
If you desire to be heard in reference to this matter, you should attend this meeting. 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: April 5, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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PLANNING COMMISSION
MINUIES
April 21, 1994
The April 21, 1994, Planning Commission Meeting was called to order by Chainnan Arnold at 7:32 P.M.
Those present were Commissioners Roseth, Arnold, Loftus, Vonhof, Kuykendall, Director of Planning
Horst Graser, Associate Planner Gina Mitchell, and Secretary Rita Schewe.
REVIEWMlNlTfF.sOFPREVIOlJSREGnLARLysrmnlJLEDM~~nNGOF APRIL 7r 1994
M0l10NBY LOFIUS, SECOND BYVONHOF, TO APPROVE THEMINUIES AS WRITlEN.
Vote taken signified ayes by Loftus, Vonhof, Kuykendall, Roseth, and Arnold MOTION CARRIED.
RRVIEWMlNlTfF.sOFSPF,C1ALM~~I<.;flNGOF APRIL 12r 1994
MOTIONBYVONHOF, SECOND BY ROSEIH, TO APPROVE THE MINUTES AS WRITIEN.
Vote taken signified ayes by Vonhof, Roseth, and Arnold. Loftus and Kuykendall abstained as they were
not present for the meeting. MOTION CARRIED.
ITEMI- HOMEOCClJPAll0N - CYNTIIIA & CHARLK" AUSTIN
Qmles Austin, 15231 Howard Lake Road, stated that he and his wife would like to operate an antique shop
from their home. He is remcrleling his tuck-under garage to living space and the shop would be located in
this area The shop would be open Friday and Saturday. He felt the traffic would not be increased by their
business and parking would not be a problem Mrs. Austin had a shop that was located in Jordan which did
not generate enough income to pay the rent, therefore Mrs. Austin wished to worlc out of the home.
Cynthia Austin, 15231 Howard Lake Road, COITlIrellted that they had talked to their neighbors and all were
in approval of the shop. Also, she wished to be home with their children and felt having the shop in the
home would accomplish this goal.
Associate Planner Gina Mitchell, presented the information as per planning report of April 21, 1994. The
application is for the operation of an antique shop from the 11' 10" X 26 '9" tuck-under garage which is
currently being remooeled. The subject site is approximately 90 X 400 and consists of approximately
39,204 square feet The 80' driveway is bituminous and has a gravel turnaround area adjacent to the
driveway. The site is zoned A-I-Agricultural, and SD as it is in the shoreland district of Howard Lake. The
neighborhood is developed with single family homes within close proximity of each other.
The proposal is to operate an antique shop which is a commercial/retail operation not intended by the
Zoning Ordinance to be a home occupation. Typically home occupation permits are granted for a
professional or consulting seIVice nature or with restricted client access by appointment RecoITlIrelldation
from Staff is to deny the application on the basis that it is a retail operation and not consistent with the
intent of the purpose of the A -1 Zone nor the Home Occupation Permit chapter of the Zoning Ordinance. If
it is the intent of the Commissioners to approve the Home Occupation Permit, Staff recoITlIrellds the 11
conditions listed in the planning report be included in the motion.
Comrrents from the Commissioners were on: days of operation, age of children, business in Jordan, amount
of taXes, traffic increase concerns, type of signage, increase in clientele, screening, rear driveway location,
PLANNING COMMISSION
Apri12L 1994
Page 1
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inventory of items, use of consignment sales elsewhere, other options are available, site not zoned for reta1l
and therefore is not consistent with the Zoning Ordinance.
COlllllents from the applicants were not audible on tape as they did not use the microphone.
MarrON BY KUYKENDAlL, SECOND BY VONHOF, TO DENY THE HOME OCCUPATION
PERMIT FOR CYNIHIA AND CHARLES AUSTIN AT 15231 HOWARD LAKE ROAD. RATIONALE
BEING 1HE APPUCATION IS Nor CONSISTENT wrm THE COMffiEHENSNE PLAN OR THE
IN1ENT OF THE PURPOSE OFTHEA-1 ZONE AND THE HOME OCCUPATION CHAPlER OF THE
ZONING ORDlNANCE, A PRECEDENT WOUlD BE SET, AND IT WOUlD BE DEfRIMENTAL TO
THEHEAL1HAND WELFARE OF THE NEIGHBORHOOD.
Vote taken signified ayes by Kuykendall, Vonhof, Arnold, Roseth, and Loftus. MOTION CARRIED.
The applicant was advised that he could appeal the Planning Commission decision to the City Council.
A recess was called at 8:30 P.M. and reconvened at 8:32 P.M.
ITEM II - BY-LAWS
Horst Graser presented the Planning Commission By-Laws adopted March 21, 1994 to the Commissioners
for input The following changes were suggested:
Section 2-3-1: second paragraph, last sentence "Said members shall serve for two (2) year terms from July 1
to JWle 30". be deleted here and added to E under the defmition of APPOIN1MENT in SECI10N
7 -OFFICERS.
Section 2-3-3: Day of meeting to be left as is or change to second and fourth Monday. Meeting time
changed to 7:00 P.M.
Section 2-Planning Commission Agenda and Meeting Fonnat: Add consent agenda to the fonnat A
suggestion was made to have a microphone placed above the audience to better record public input This
problem may be rectified when the Planning Commission meetings will be held in the new Fire Hall
meeting room
Section 7 - OFFICERS: (D) Delete the definition of Secretary. This is found in Section 3 (A).
(E) Continue the present format for appointing the chair and vice-chair thereby having staggered terms and
direct Staff to survey other communities. Delete the second sentence The committee shall be a
representative of the citizens who live in Prior Lake, and the words or business ownership from the third
sentence. Add the words "fromJuly 1 to JWle 30" to the end of the first sentence.
The word committee be changed to commission wherever referenced.
A recess was called at 9: 10 P.M. and reconvened at 9:32 P.M.
ITEM III - MEETJNG PROCEDURES
The issue discussed was to start the Commission meetings at 7:00 P.M.
ITEMIV - BED AND BREAKFA~ OPERATIONS
As Deb Garross was unavailable to present the infonnation on Bed & Breakfast it was continued to the
meeting of May 5, 1994.
PLANNING COMMISSION
April 21, 1994
Page 2
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