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HomeMy WebLinkAboutHO94-04 -",."-,.,-""",~,,,''''''','.'' -...-':....""--""-~---~.~~'"'...,,~-._..-- ----._--~~-~-~----._._'_...-'-'-_.-_..~- - ITEMill. VARIANCE! CONSIDERREQUFSfFORROILYHAUGH The Planning Department received a variance application from Rolly Haugh for the property located at 16080 West Avenue SE. The applicant proposes to construct a 20' x 20' detached garage 15' from the east front yard property line and therefore requests the Planning Corrunission to grant a 10' east front yard variance. Associate Planner Gina Mitchell stated MI: Haugh informed Staff he had decided to withdraw his application. ITEMIV. CONSIDER HOME OCCUPATIONREQUFSf FOR JUDY JAHNZ The Planning Department received an application for a Home Occupation Permit from Judy J ahnz of 5313 Hampton Street NE, Prior Lake. The applicant is requesting the Planning Corrunission grant a Home Occupation Permit to allow her to operate a dog grooming business in her home. The applicant does not propose to have any employees initially, and plans to offer retail products once the business gets going. She believes that the maximum amount of dogs groomed within a week would be no more than 40. The applicant has stated there will be no more than 4 dogs at her home at anyone time, and they will be in kennels when she isn't i.nnn;rliately working on them There will be no exterior signage. The maximum hours of operation are proposed to be: Sunday & Monday: closed Tuesday & Thursday: 8:00 a.m. to 7:00 p.m. Wednesday, Friday & Saturday: 8:00 a.m. to to 5:00 p.m. Judy Jahnz stated she has done dog grooming before, and currently has a full time job. Ms. Jahnz bought the house because she could set up her business in the basement. Associate Planner Gina Mitchell presented the Staff report dated October 13, 1994. Staff is of the opinion 40 dogs a week would create 'an excessive.amount of traffic in the neighborhood. By limiting the n~r of employees to one, the proposed home occupation can operate consistent with past approved home occupations permits for dog grooming operations, and with the intent of the Horne Occupation Permit chapter of the Zoning Ordinance, subject to the following conditions: 1. No off-site parking; ample on-site parking for a maximum of two (2) customer vehicles must be provided. 2. No exterior signage. 3. No retailing of any products. 4. No other employees beyond the one (1) employee/operator. 5. No more than three (3) dogs be allowed on the premises at anyone time, with separate kennels in the home provided for each. 6. The hours of operation be limited to: Sunday & Monday: closed Tuesday & Thursday: 8:00a.m. to 7:00p.m. Wednesday, Friday & Saturday: 8:00 am. to 5:00 p.m. 7. No transfer of the Horne Occupation Permit. 8. The Home Occupation Permit is subject to all applicable ordinance and legal requirements. Violation thereof shall be deemed grounds for revocation. Mitchell read into the record a letter received by the Planning Department from the Valeks. Their concerns were customer parking, n~r of pets, fencing and dog runs. Robin Farrell, 14128 Ash Circle, stated she does not want to hear dogs bark. PLANNING COMMISSION October 13, 1993 Page 3 ...~--.............,..~ ~..,...........~,- - _._,~'",,"..~_,..:::c "._'. ;:-c....,-,,-'" I".~-.,_._......~,~.___.""'~~'_-'--"'---- Teny Hanson, 14142 Ash Circle, wanted to know what kind of control for traffic with grooming 40 dogs a week, and if there is an industrial park for this business that Staff would recoJ:IlIrelld that the applicant locate. Acting Planning Director Blair Tremere stated the City has approved home occupation permits for dog grooming services and the ordinance provides for home occupations in the residential districts; and for for those reasons Staff would not direct an applicant to locate in a business zone provided the ordinance standards were met. Discussion by the Commissioners included the application is consistent with what has been approved in the past and support of the recoJ:IlIrelldations from Staff. There was also discussion following a question by Commissioner Loftus about the number of dogs the applicant owns and that approval of the home occupation permit can be made subject to the applicant complying with the number of dogs that the City Code allows. Attl1lll1ialJe.theApp6eant,lu.d!.~withdrew her application. ITEM V - pRESENTATION BY CITY MANAGER, FRANK BOYLES ON STRAlEGIC PLANNlNG. The City Council felt is was appropriate to get a sense of direction for the community and last year hired Mr Kent Eklund of the consulting firm Cincinnatus. The main points of issue were: an entertainment/recreational corridor, commercial office - industrial park development, and housing. The City Council will complete a draft plan and turn the research over to the Planning and Business Development Committees. Discussion by the Commissioners included: use of the lake for recreational vehicles and places to eat; and deciding on a vision and marketing it. The Planning Commission would like direction from the City Council. He suggested a sUIVey to fmd out the attitudes of community. City Manager Frank Boyles informed the Commissioners they had narrowed down the applicants for the Planning Director position and would like some involvement by the Commissioners in the interview process. Staff and City Council would also be involved. Applicants were recruited from other communities with only a few from out of state responding. MarION BY ARNOLD, SECOND BY KUYKENDALL, TO ADJOURN THE MEETING. Vote taken: signifIed ayes by Loftus, Arnold, Kuykendall, Roseth, and Vonhof. MarION CARRIED. The meeting adjoumed at 9:55 p.m. Tapes of the meeting are on fIle at City Hall. Blair Tremere Acting Director of Planning Connie Carlson Recording Secretary MOI394 PLANNING COMMISSION October 13, 1993 Page 4 October 18, 1994 MS. Judy Jahnz 5313 Hampton Street NE Prior Lake, MN 55372 Dear Judy: Your decision to withdraw your request for a Home Occupation permit was aCknowledged by the Planning Commission at its meeting on October 13. You seemed to be concerned about the questions by some of your neighbors regarding the proposed operation and about the information related during the meeting regarding the City Code maximum for the number of dogs a person may have on their premises. The Public Hearing required by the ordinance for Home Occupation permit applications is designed to allow neighboring property owners to inquire about the proposed use and to state their opinions, either for or against a proposal. The planning Commission had not fully deliberated the request and they had not reached a decision on whether to authorize the issuance of a permit at the time you withdrew. The dec ision to wi thdraw, of course, is yours and it is not my purpose here to question your judgment. The maximum number of dogs standard applies to property owners and tenants, whether they also have a Home Occupation involving dogs or not. I am enclosing for your information a copy of the City Code requirement. Thank you for your application, for the required permit i I respect your decision not to pursue the matter at this time. I hope this information is helpful to you. Please call me if you have any questions. Sincerely, ~ Blair Tremere Acting Planning Director BTlcc ene. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER H004PR PLANNING REPORT PRESENTER: PUBLIC HEARING: DATE: 4 CONSIDER HOME OCCUPATION REQUEST FOR JUDy JAHNZ GINA MITCHELL, ASSOCIATE CITY PLANNER _YES XNO OCTOBER 13, 1994 AGENDA ITEM: SUBJECT: INTRODUCTION: The Planning Department has received an application for a Home Occupation Permit from Judy Jahnz of 5313 Hampton Street NE, Prior Lake. The applicant is requesting the Planning Commission to grant a Home Occupation Permit to allow her to operate a dog grooming business in her home. The applicant does not propose to have any employees initially, and plans to offer retail products once the business gets going. She believes that the maximum amount of dogs groomed within a week would be no more than 40. The applicant has stated that there will be no more than 4 dogs at her home at anyone time, and they will be in kennels when she isn't immediately working on them. There will be no exterior signage. The maximum hours of operation are proposed to be: Sunday & Monday: closed Tuesday & Thursday: 8:00 a.m. to 7:00 p.m. Wednesday, Friday & Saturday: 8:00 a.m. to to 5:00 p.m. SITE CHARACTERISTICS: The subject site is part of a neighborhood that is developed with single family homes. This lot is 100' wide and 150' deep, with 15,000 square feet of lot area. The applicant has a bituminous driveway which can accommodate at least four cars for off street parking. STAFF ANALYSIS: A basic premise of the home occupation regulations is that a 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. Since 1980, two dog grooming services have received home occupation permits. The attached permit, granted in 1986, was approved subject to no more than 3 dogs being on the premises at a time; no more than 2 cars making drop offs or pickups at a time; and separate cages within the house be provided for 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER each dog. The applicant has estimated that the proposed operation would have a maximum of 40 groomed dogs per week, creating in staffs opinion, an excessive amount of traffic within the neighborhood. By limiting the number of employees to one, the number of dogs groomed wi11likely be reduced, along with the amount of traffic generated. ALTERNATIVES: 1. Approve the home occupation permit for a dog grooming service at 5313 Hampton Street NE 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: Staff is of the opinion that by limiting the number of employees to one, the proposed home occupation can operate consistent with past approved home occupations permits for dog grooming operations, and with the intent of the Home Occupation Permit chapter of the Zoning Ordinance, subject to the following conditions: 1. No off-site parking; ample on-site parking for a maximum of two (2) customer vehicles must be provided. 2. No exterior signage. 3. No retailing of any products. 4. No other employees beyond the one (1) employee/operator. 5. No more than three (3) dogs be allowed on the premises at anyone time, with separate kennels in the home provided for each. 6. The hours of operation be limited to: Sunday & Monday: closed Tuesday & Thursday: 8:00 a.m. to 7:00 p.m. Wednesday, Friday & Saturday: 8:00 a.m. to 5:00 p.m. 7. 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It l/~ "'~_I (/ ,,",., I'? .. . c 'T,"fl~ "'70(( IC,,: _ ,tJ r (eas:....~' I ("- -. .. --.'-11.. 1.. . .'. . ~.- 125X......O fllf n Ill' 1--" I HO J.d..)'- CITY OF PRIOR LAKE ... 0CCUPM'lCIf PIIICl'T - TMIU ItIWI"HCLD ~(JID 1S, 1'. ~~I ft OOMlc1lr a heM oocqation peallt for 14092 canIS1ewoOd lAne. ~ 1Ipp11c:ant ~ to pur_ do9 grGCII1n; within hlr heM. ...... >>Gf.'VRDlI '1M 1IlP11aant~cpll.'. to prcYlc11 a do9 grGCII1n; .."101 ""lc:b w111 tIke ~ entirely wi the ocnfJMe of ber heM. !be inWtt 18 to operate a ...11 ~ COMlat1n; of grGCII1n; a fw .. per week. Sllparate 0IlJM w111 be prcY1dl4 for MCb do9 n no IDee thin tbne dop wlll be on the pra1aM at atr/ one tiMe '!be bOura of operation have not bMft iplCifl" hcMMot, the 1IIlPl1ofr\t plana to ~. thI grGCII1n; -s.cn late in thI ., n 80 that no ~re thin two Clara vU1 ckcp off/p1ck up an q 91wn tiM. '1M 8Ubjec:t tDe 18 loca~ in 8InIS lIo1nte 4th MlUtion Wlch 18 ...s .. a Plamld ~t DIftlC(Mftt. '!be s..uate ne1gti)orbDOd 18 fully dIftlCJl*! with 1I1r/ili1. f..uy ~ ~ 1Ip)rtant COMlc1lrat1on for t.he .... n mt of a ~ occUpation pHait la the atft that It wlll 1Ipct the reUdIntlal Uving eft'IU~. 'ftWI btM occupation wlll be OIrri.. on by the bcMCMMr. '1M iII*:t8 Oft thI MiCJhborhOOd would IIl'PIK to be ..w.l alJa the optratlon wlll = within thI heM. '!be... vU1 be relatlwly tncanIPlcuaua with the on of till .&tltlonal traffic which wlll be 9IMrat.cJ. 'fraffic _ VCIUld not IfIlPMr to be a a19'1flaant fliCtOr hcMIftr ...- there l.e off 8tnet puIdnrJ 1lft11Ibl. for two care in tht .ucant'. drlM18Y. ...... .,. I llJ~-M'rtIII '!he I;~ ldaUon frca ataff la to *PPlON thI bCM occupat.1on peDI1t on the billa that the: 18 cana1at:ent with aect10n S.8 of thllGn1ng COde Wlch apecUl. thI r..u for btM ~ona. '!be ptcpoeal would not ~r the rea c:::baraCter of the M1gti)orb004 _ not be detr~ to the 9IMral bMlth _ wUue of the ~ty. (111) 441.... .. DAKOTA ITRIIT 8.1. P.O. lOX .. "'lOR LAKE, MINNUOTA 11312 f". .'~ . " '" '/ if, --"~ M\ltM LA~U.O CCHCJs&J~ 11()t'bO{ APPLICATION rat HOC CX:CUI'ATION J'FMIT NMIO of AppHcMt. or Aaont.~~- . . ~"':"-_""l~pttOf.' ~rif1:..~:J/? - \ 'ddro.. of AppHcMt.t/)"'~ t};,i,l, l';/~f' ('#I ,./ .:..t' I~_/r.. 'dA.:c.~ f ;;;( . N.... and Addr... of Olmol' ':kuli C:" Nat.uro and Sho of t.ho HOClIO OoeupllUOt& 'lJl'Ap<(,i,. ~"""/Jf Shl'{p I' .;, ~/It;'" ~ "\(I.J;"~ . ;1- . 5:~; i~/ ()' .:" /' :, " ProDont. Zonina CI...Ula"t.ton of 1.ho proport.Y---!!-1 .St..hMnt. of R...ona "'h1 Homo Oocupot.Sonal POI'IIIU 10 bolnl ftppUod to. 13", (I/J" , ~ /~-r /111 I. ,. s. let u g' ~rf I it t /.. ~ ,., <.li1 r: L . ;1'0 t.hl be.t. ,of "I knowlodaO t.ho above 1nfo....Uon 18 correct: and I NV' ...lId aecUon 6.8 of t.ho .".Pr.. 101'!.ollo ~ .Crd~O dool.1n& vI.UI H_ Ooc_uono/'1. ~. Y.' '-I' f'"\0 ~ ..7", J'.2 Slp1l1\....~' j., ../ !..k:~J1f"'-J '..'...1'h.... .11 11 t.o -cart. 1t1 ~$~,~ woo _uved Ulu ~o ~ cIQ of . ~ 19_~ Received ~ ___~.A__ ~ . r ! ' . . . ~----------------------------~------~~----------- . 'l'HIS SPACE TO BE FItJ.ED 1N BY PLANNING Catctssl(Jf Rome Oecupat.ion Peradt. Grant.ed ~ Denied ~:1j:r~;;;:; ) ~z~fy rI[; ~ /I- ~"~'~:J ,/.~ Remarks ~~. Sl.anO\':- or P1onn1n& _sian Ch_ $ W' 1)oto ~~"lZ':- . , .: ~ .., ., 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. October 13, 1994 at 8:40 p.m. PURPOSE OF HEARING: To consider a Home Occupation Permit for a dog grooming business by Judy Jahnz. SUBJECT SITE: 5313 Hampton Street NE, Prior Lake, Minnesota. The property is legally described as: Lot 10, Second Addition to North Shore Oaks. 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 dog grooming business in her home. The business would be open five (5) days a week: Sunday & Monday: closed Tuesday & Thursday: 8:00 a.m. to 7:00 p.m. Wednesday, Friday & Saturday: 8:00 a.m. to 5:00 p.m. 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: October 3,1994 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER - - --- - - -- -- - - - -- \W~\J1L .'4 """'\ ~ J2. ~e. u... -("' Q... --\ "" ~ 'J\. 0{. \M -e. <) &-~ ~ 'f e.. sse "-' o?"" --\ ~ .(C -:\ .,,-,> \' \ -e CA.\:) Vl T\ V\^- '\ 9 '{' 0 ~.Q.. f \ 'i I 4JV\~ \J.Jho CD' C1 (' €- "::, f c.. '4' 'f-<' It 6 c< c. k pro p-e.- 1'{ 1 L{ \ d- ~ Ash Cl y j\j E- I '-(45"- b05<6 ~; "\ e 'f (' Q. VI C. e A /;-L.. '" "30 h \:) Cl d< p ('0 f-e",i'1 . IY1'-1;} As~ C;..--- Nt t10~- IC15;O . G>CWmrdUlt -\;}o- \ R- \<c tP-l<;+ prop.ed'j :5 .()- Cj 5' fI~ VV1f1o VI Sf IV 6 N " f h 0 V"\ e YllA W\ b ~ r VJO( '7 (f'<--t h I,'",> he J i t '^ '\- ~ e (' -e v ~ (' c; -e ~ \' r e c. ~"f '1 1 , ): '0 J( OY\ \ "I t I' V-€. 6 h.4. If --€ t\. <:, h 0 r -t \..).) ~ If \ -e CA.. V\.. J JoY\. ' -\- ~ V\ C> I..U --\ hie r Y\. Ct V1^ es , , . \~~ ,~t.,. c...? DV'\ J OV\ -\ '-'-e. E'- a. S-\- 6" VI^'1 lnO\-lSe, 'I o oJ.:> V\. hCll S; I ~ J~h- ~ Dfar0 ~ e,?I<tv ~r QU(rt/1t ((0, .501 /p -l-Ja.m.ptV'Yl k5t.. N f,. i ~,~th A ~& Olm e; Or rMf'.~' :5?J,lp ~ ~. ~cv @ iQ;~ RCrfell !;Y c..uJ~ re0. ,5~ H~ 0f. & Sr'd~ (j) Jwl}i vlLhnJ 9'3101 ~ 91, NU -------------------------------- ) ./ . _ ,"1;0 ...~lii,,_,:"r.,J!~_,V. _:!" lli:.~ ~ .~"r_",:,",_''''~'1"",_:_,,__~~,",:_J;''~''''~ -~. ,;, ')"'7';~.~/.,_;:"c~~.-:i~,~_"':~~~""''''''''''~-'~-::':'_- -''';c'~'-"';'_:' ,_\__ ~~~"".....~~1't",,~,'_'!:'r<-"""":-;;:~I.~~:t~-' RECEIPT No 24116 DATE IO,3-qf CITY 0 F PRIOR LAKE 4629 DAKOTA STREET S.E.. PRIOR LAKE. MN 55372 Received of is the sum of $ d 15; (J!) Invoice No. - 10-2-9 10-2-7 10-2-7: DISTURBING THE PEACE: It Is unlawful for any person, as owner or keeper of a dog, to keep or harbor a dog which 1} disturbs the peace and quiet of the neighborhOod by barking, howling, whining or making any other loud or unusual noise between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M., or 2} disturbs the peace and quiet of the neighborhood by barking, howling, whining or making any other loud or unusual noise for one hour or more at any other time. If a dog is disturbing the peace, a police officer or the City poundmaster, after obtaining a search warrant, may remove the animal from the owner's premises and place It In the City pound at the owner's expense. 10-2-8: RUNNING AT LARGE: No dog or cat shall run at large within the limits of the City. The term "run at large" shall mean going on or about the public streets, alleys, public parks, school grounds or other public places, or on any private premises (except the premises of the owner or keeper of said dog or cat), without the owner's permission, unless said dog or cat Is effectively restrained by a chain or leash. 10-2-9: OTHER UNLAWFUL ACTS: It is unlawful for the owner to: (A) Fall to have the dog license tag Issued by the City worn at all times by the licensed dog. (B) Interfere with any police officer, or other City employee In the per- formance of his/her duty to enforce this Chapter. (C) Fail to prevent his/her dog from chasing vehicles. (0) Fail to prevent his/her dog from annoying any person if such person is not on the property of the owner or keeper of the dog. (E) Fall to prevent his/her dog from molesting, defiling or destroying any public or private property. (F) Fail to prevent his/her dog from defecating in or upon public property or the premises of another. (G) Permit solid waste of a dog to accumulate on the owner's premises for more than twenty four (24) hours. ~ Keep or own three (3) or more dogs or cats, or combination, over ~ three (3) months of age, without a kennel permit. 491