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HomeMy WebLinkAboutHO05PR Home Occupation -- - HERITAGE 1891 COMMUNITY 1991 1~Xf::;(gJV . 2011 IH005PR" SUBJECT: APPLICANT: SITE ADDRESS: PRESENTER: PUBLIC HEARING: DATE: PLANNING REPORT HOME OCCUPATION PERMIT GABRIELE FRANKLIN 15220 EAGLE CREEK AVE SAM LUCAST, ASSOCIATE PLANNER YES XNO SEPTEMBER 19, 1991 INTRODUCTION: On September 9, 1991, Gabriele Franklin submitted an application for a Home Occupation permit. Ms. Franklin and her husband Andrew, currently manufacture beaded earrings, hand made jew~lry, and artwork. She sells jewelry to co-workers at three hospitals where she is a Registered Nurse, at craft sales, and to shops in Alaska by mail order. DEVELOPMENT ISSUES The Frank11n's reside on a wooded 2 1/2 acre lot with direct access to County Road 21. The parcel is zoned A-1 Agricultural. The Prior Lake Comprehensive Plan projected land use for the area is R-1 Urban Residential in the 2010 Urban Service Area. This means in the future the area will be developed into single family residential homes and other permitted and conditional uses. STAFF ANALYSIS Perhaps the most significant aspect of a home occupation is the impact on the immediate area. Traffic generated, safety, parking, hours of use, and effects of the occupation itself are important criteria when considering the application. Although the applicant currently resides on the edge of development, this will not always be the case. The lot is wooded and the driveway is difficult to see for the first time visitor. County Road 21 is a two lane highway with speeds of 50 miles per hour or more. Ms. Franklin is requesting a sign to help locate the premises. The sale of the goods would occur in a 14' x 20' accessory structure (the former Prior Lake train depot), and manufacture presumably in the principal structure. 4629 Dakota SI. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447.4230 I Fax (612) 447-4245 ;,.'~ ,:,,:"'~<') .';O.'...;;.."'.:,,'.....,.......,.....',..,'i,.~~.:f.-';'\-r:-.~......,~'.,::~.., Y'.' """"""~' \ I I I I .. ...1.':. ' " " ", l. ...I:\! ~~ t .,'-.,; :' - .. ;:} - ..~,., ~ ;,=~~ - STAFF RECOMMENDATION Typically granteCflnOme occupations are those of a professional or service nature. They usually involve business conducted off site or occasional visits on site. The potential for qrowth beyond an occasional patron or fr! "I".d to purchase goods is likely. Retail establishments depend on a high traffic volume to succeed. Home occupations which generate a high volume of traffic destroy the residential character of neighborhoods and are discouraged. The retail aspect of the application is not consistent with the intent of the Home occupation. The manufacture of the jewelry and artwork is acceptable in this case, but not the retail sale in the A-l Aqricultural District. Staff recommends approval of the manufacturing portion of the permit as it currently exists. Staff further recommends denial of the retail p~rtion and suggests that distribution be limited to wholesaling, mail order or direct retail for off site locations. ~ ( --' {~ _ 1; ( " f ~ 5 c :J ~ ~ i 06 ~ )C ~ . PLANNING COMMISSION MEETING MINUTES SEPTEMBER 19, 1991 PAGE 5 9. THE APPLICANTS VIEW THE OPERATION AS AN ARTISTIC, NOT A RETAIL OPERATION. AS SUCH, IF PROBLEMS ARISE THAT COMPROMISE THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD DUE TO THE OCCUPATION, THE APPLICANTS AGREE TO DISCONTINUE SALES TO THE GENERAL PUBLIC AND WILL DISTRIBUTE WORKS THROUGH MAIL ORDER ON A PRIVATE INVITATION ONLY. 10. THE HOME OCCUPATION WILL BE REVIEWED ON AN ANNUAL BASIS ON CITY STAFF. IF PROBLEMS ARISE OR COMPLAINTS REGARDING THE OCCUPATION ARE RECEIVED, THE APPLICANT WILL NEED TO APPEAR BEFORE THE PLANNING COMMISSION FOR FORMAL REVIEW OF THE HOME OCCUPATION PERMIT. Vote taken signified ayes by Wells, Kedrowski, Arnold, Loftus and Roseth. MOTION CARRIED. ITEM 5 - WADE ALLISON - D1SCUSSION ON PREVIOUS VARIANCE Horst Graser presented information to the Commissioners regarding a variance granted to Wade Allison of 4330 Dakota street. Mr. Allison felt he did not have time to object to a condition put into the motion of removing the driveway. He would now like to poll the Commissionezs and if his application would be reconsidered to amend his variance as he now wishes to retain the driveway. Comments from the Commissioners were to table the request to giv~ them time to look at the property. MOTION BY LOFTUS, SECOND BY ROSETH, TO TABLE THIS ITEM TO THE NEXT MEETING TO BE HELD OCTOBER 3, 1991. Vote taken signified ayes by Loftus, Roseth, Arnold, Kedrowski and Walls. MOTION CARRIED. PUBLIC HEARING ~ECALLED TO ORDER AT 10:25 P.M. Deb Garross presented outlined the information on Exhibit 2. Kenneth Lillyblad, 16287 Lakeside Avenue, had a question on a lot he owns. MOTION BY ARNOLD, SECOND BY ROSETH, TO RECOMMEND TO CITY COUNCIL TO ADOPT APPROVAL OF THE AMENDED LANGUAGE TO PRIOR LAKE CITY CODE 5-4-1(C) AND ZONING ORDINANCE NO.83-6 SECTION 4.1(C) AS OUTLINED IN THE DRAFT EXHIBIT 2 AS PRESENTED SEPTEMBER 19, 1991. Vote taken signified ayes by Arnold, Roseth, Wells, and Loftus. MOTION CARRIED. Commissioner Kedrowski was not present at the time of the motion. Deb Garross outlined the information on Exhibit 3: Averaging Setbacks. MOTION BY ROSETH, SECOND BY KEDROWSKI, TO RECOMMEND TO CITY COUNCIL TO APPROVE THE AMENDMENT TO DELETE PRIOR LAKE CITY CODE SECTION S-4-1(J) AND PRIOR LA:~ ZONING ORDINANCE NO. 83-6 SECTION 4.1(J) AS OUTLINED IN EXHIBIT 3 AS PRESENTED SE~MBER 19, 1991. ..:,""',.:"""',,~..-,,~....... h'_"','~"-~!'<"-"""'N.",~ ~ l I, ~ ~ _.. 9 ........ ~' ,..",::;:~"..I(;~.:':'. )..-.~,:h~1I~;:;,F.,.,ol:'ili'''''' _...~.-,~,/ :l t ~ ~ f i ,i I ~ . \ . ~ ~ ~ :, \ ! ,j I 1 ",,;,..,. ',' ',' "';"..] . ,i;\@" - .. ( PLANNING COMMISSION MEETING MINUTES SEPTEMBER 19, 1991 PAGE 3 ~\' which would be more restrictive than what is proposed at this time. other cities contacted have larger 1akeshore lots but have a more restrictive ordinance than Prior Lake. A recess was called at 8:34 P.M. Public Hearing was reconvened at 8:40 P.M. David Brown, Attorney with Jaspers, Moriarty, & Wahlberg, 206 Scott st., Shakopee, MN, Attorney represented Harold Dellwo Jr. of 4287 Grainwood Circle objected to the proposed amendment as his client would lose financially. Suggested that the Commission wait until 1993 to adopt the amendment. Larry Schommer, 16588 Ramsey Avenue, stated he has three 50 foot lots and wants to divide into two lots and is in favor of the amendment. Jerry Sullivan, 16063 Northwood Road NW, stated he was told when he bought two lots that both were buildable but according to the proposed amendment he would no longer be allowed to build on the second lot. --' :..-" -...: G. -' II Discussion followed by the Commissioners on the pros and cons of the proposed amendment. Census was that a course of action had to be taken to clarify the amendment. Kenneth Lillyblad, 16287 Lakeside Avenue SE, had a question on lots he owns on Pleasant Street. ( MOTION BY ARNOLD, SECOND BY ROSETH, TO RECOMMEND TO THE CITY COUNCIL TO ADOPT THE AMENDED LANGUAGE TO PRIOR LAKE CITY CODE 5-8-3(B) AND PRIOR LAKE ZONING ORDINANCE NO. 83-6 SECTION 9.3(B) AS OUTLINED IN THE DRAFT MARKED EXHIBIT 1 PRESENTED SEPTEMBER 19, 1991, ALSO RECOMMEND THAT THIS BE IMPLEMENTED JUNE 1, 1992. Discussion followed on the motion, Chairman Loftus requested that the City Council be aware of the testimony presented by Jerry ~ullivan in regards to lot frontage facing the road be changed to 50 feet. I i :1 J ~ ~ t I Vote taken signified ayes by Arnold, Roseth, Wells, Kedrowski, and Loftus. MOTION CARRIED. Due to the late hour and there are two remaining items on the agenda, a recommendation by Mr. Graser stating that Items 4 & 5 be presented after which the Public hearing could be called back to order. Recess called at 9:40 P.M. Reconvened at 9:42 P.M. ITEM 4 - GABRIELE FRANKLIN - HOME OCCUPATION Gabriele Franklin, 15220 Eagle Creek Avenue, stated she is requesting a home occupation permit to continue a hobby of beaded earrings, handmade jewelry and artcraft. The business would be housed in the former Prior Lake Depot building that was moved onto their property. The studio would be open approximately two days per week and the traffic would beheld to a minimum. Her orders now are mail order and by invitation only. Ms. Franklin (: l ~ J 1) ,. , :1 . t 1 1 ,~ ~ J J I :, 1 , , ~ ;! "! I ~ ~ ., ;n . ~ i ! ~. ~i'''' , < :ff~ I' : " ':,J ~t~: (:. - ~ ~"'''''!\!!l ';1'.' ",i:-; F :~{: :,",,;:: i~-' MOTION BY WELLS, SECOND BY KEDROWSKI, TO OCCUPATION APPLICATION FOR 15220 EAGLE MANUFACTURING AND LIMITED RETAIL SUBJECT CONDITIONS: 1. THE HOME OCCUPATION PERMIT IS GRANTED IN PART, BECAUSE THE PROPERTY IS LARGE, CONSISTENTLY OF APPROXIMATELY 2 ACRES AND IS WELL SCREENED FROM ADJACENT PROPERTIES. APPROVE A HOME CREEK AVENUE THE TO THE FOLLOWING "i<t; .~ :1 .,1..-: , t . r\1~'- ,~- ~f~< ~ .1 ~ I: 1.t. -l5. i F ,~~., l~~ wi( ~ ~~ ~~ ~; 11 ~ ~ ~~ ~~ t~ {\ ~ -< ~$ ~:, 1~J;iit ~ ~\ j:~1 r~t .~~~ t:', ",' 4< i ~ PLANNING COMMISSION MEETING MINUTES SEPTEMBEk 19, 1991 PAGE 4 outlined the criteria in a home occupation application and feels that her application meets that criteria. Sam Lucast presented the information as per memo of september 19, 1991. The location of the proposed business is on a 2 1/2 acre lot with direct access to County Road 21. This parcel is zoned A-l Agricultural but the Prior Lake Comprehensive Plan projected for this area is R-1 Urban Residential in the 2010 Urban Service Area. The applicant has addrossed the guidelines of the home occupation competently. The retail aspect of the application is not consistent with the intent of the Home vccupation. staff recommends denial of the retail portion and suggests that distribution be limited to wholesaling, mailorder and direct retail for off site locations. Andrew Franklin, 15220 Eagle Creek Avenue, wished to assure the Commissioners that traffic would not be a problem and would not increase retail sales. This would be considered a work shop and display area. Comments from the Commissioners were, on days open, traffic on County Road 21 and retail sales. ( 2. THE OLD "DEPOT" BUILDING IS AN ACCESSORY STRUCTURE ON THE PROPERTY WHICH WILL HOUSE THE HOME OCCUPATION AND SERVE AS AN ART STUDIO. 3. EMPLOYEES WILL BE LIMITED TO GABRIELLE AND ANDREW FRANKLIN. 4. ONE, TWO SQUARE FOOT SIGN INDICATING THE HOME OCCUPATION WILL BE PLACED ON THE PROPERTY COMPLIANT WITH THE SIGN ORDINANCE. 5. ARTWORK, EARRINGS, AND WOOD CARVINGS WILL BE MADE ON-SITE AND SOLD ON-SITE BY THE APPLICANT. 6. THE HOME OCCUPATION WILL BE OPEN A MAXIMUM OF TWO WEEK DAYS DURING THE HOURS OF 9:00 A.M. TO 3:00 P.M. AND WILL NOT BE OPEN DURING MOnNING AND EVENING RUSH HOUR. THE HOME OCCUPATION WILL BE OPEN ON WEEKENDS FOR LIMITED HOURS. THE APPLICANT ANTICIPATES A MAXIMUM OF 20 HOURS PER WEEK FOR THE STUDIO TO BE OPEN TO THE PUBLIC. 7. PARKING FOR 4 CARS IS PROVIDED ON-SITE WITH A TURN-AROUND TYPE DRIVEWAY. NO OFF STREET PARKING WILL BE PERMITTED. 8. THE SUPPLIES FOR THE HOME OCCUPATION WILL BE PICKED UP BY THE APPLICANT WITH LIMITED SPORADIC UPS DELIVERIES. .. ,.