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HomeMy WebLinkAboutCU94-01 CUP denied Deed Restrictions: Xi PIO: 25-925018~O Has the Applicant pre.riously sought to plat, rezone, obtain a variance or conditional permit on. the subject site or any part of it: x' . tb Yes Pequest: When: saUSSION Rm{Jl:REMENr$: CA1Chmp1eted application form. CB)Canplete IE9al description. and parcel identification n\.1lti)er (PID) .CC)Filing fee. CD)Deed restrictions, if necessaIY. CE)Fifteen copies of site plan drawn to scale showing existing/prop:>seQ structures. CF)Additional information as requested by the planning Director including but limited to: existing grades and buildings within 100 feet, drainage plan with finis grade and relationship to existing water bodies, if any, prop>sed floor plan with use indicated plUS building elevations, landscape plan with schedule of plantings and screening, curb cuts, driveways, parking areas, walks and curbing. CG)Certified fran abstract firm the names and address of property owners within 500 feet of the existing property lineS of the subject property. CB)Application and supportive data are due 20 days prior to any schedUled hearing. ONLY OOMPLRrE APPLIO\TIONS aw.L BE RE.VIBiED BY THE PI..ANNUU aHUSSION. 'lb the best of my knowledge the information presented on this form is correct. In . on 7.5 of the Zoning Ordinance which spec!f ies the agree to provide information and follow the l'lt /13 Date )~I1/u Date THIS SECTION '10 BE FILLID OOT BY THE PfANNIN; DlREC1'OR H.ANNIJ;G aJl!lISSIOO APPlOIEI> V _liD 1'~;;i ~~ l!l'.llRllG Cl'lY <XllJNZIL APPJl/JIlm ~ _liD .;! '~9ll D\'1'E fJf' l!l'.llRllG CX>>IlITIONS, ~ OA;/t:lrhUl eiry (JAJI[ftiJ ~ · -:f1.J1:rFaftJ{.M4 ~ -~ - it m"""hJr"~~h" Plannina Director DIlte ;-."'}: Prior Lake City Council Minutes February 22, 1994 MOTION BY KEDROWSKI, SECONDED BY SCHENCK, DIRECTING STAFF TO SCHEDULE THE PUBLIC HEARING FOR MARCH 21, 1994 AT 7:45 P.M. Upon a vote taken, ayes by Andren, Greenfield and Schenck, the motion carried. A short recess was called. The meeting reconvened at 8:40 p.m. B. Consider Approval of Reiland Request for a Bed and Breakfast Conditional Use Permit - Assistant City Planner Garross presented details of the request and displayed an overhead of the subject site. Ms. Garross discussed the Planning Commission's recommendation and briefly reviewed definitions of conditional use and permitted conditional use. Ms. Garross read a letter from and LeRoy Woerdehoff, 5270 Shore Trail N.E, expressing opposition to the bed and breakfast. Mayor Andren requested the letter be entered into the record along with a letter from Jim and Nancy Peterson also expressing their objection to the bed and breakfast. Discussion occurred regarding the City's ordinances and whether there was an ordinance allowing a business such as a bed and breakfast in a residential neighborhood. Council concurred that the Planning Commission should conduct some research to review and determine whether a bed and breakfast concept is feasible in the community. Council directed that Planning Commission members (not staff) do the research. MOTIONBY KEDROWSKI, SECONDED BY GREENFIELD, TO ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION AND DENY DAN RIELAND'S REQUEST FOR A CONDITIONAL USE PERMIT. Upon a vote taken, ayes by Andren, Greenfield and Schenck the motion carried. C. Consider Ordinance 94-05 Establishing Minimum Slope Set back and Hard Surface Requirement for Driveways. Assistant City Planner Garross reviewed details of the ordinance and briefly discussed its purpose. MOTION BY KEDROWSKI, SECONDED BY SCHENCK, TO ADOPT ORDINANCE 94-05 AMENDING SUBDIVISION ORDINANCE 87-10, SECTION 6-7-3 AND PRIOR LAKE ZONING ORDINANCE 83-6, SECTION 4.1 ESTABLISHING MINIMUM SLOPE, SETBACK AND HARD SURFACE REQUIREMENTS AS RECOMMENDED BY THE PLANNING COMMISSION. -3- .CUOlCC" AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: ALTERNATIVES: STAFF AGENDA REPORT 8B DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER DAN REILAND REQUEST FOR A BED AND BREAKFAST CONDITIONAL USE PERMIT FEBRUARY 22, 1994 The purpose of this item is to consider a conditional use permit request for Dan Reiland of 5365 Shore Trail NE. The specific request is to operate a bed and breakfast facility at the aforementioned property (See attached application). The Zoning Ordinance does not specifically contain a provision for bed and breakfast operations, therefore, the application is filed for a conditional use permit for a boarding house within an R-1, Urban Residential Zone. See the attached Planning Report dated February 3, 1994 for a discussion of the background information related to this issue. The Planning Commission recommended that the conditional use permit to operate a boarding house (bed and breakfast) at 5365 Shore Trail be denied. It was their feeling that the Zoning Ordinance does not contain adequate provisions to regulate such an operation. In addition, due to the low density residential nature and characteristics of the neighborhood, the conversion of a single family home to a commercial venture was not considered a conducive use. The Planning Commission did feel that there is merit to the inclusion of "bed and breakfast" as a conditional use within the Zoning Ordinance. The Commission recommended that the Council consider establishing a moratorium on such operations and direct staff to prepare an amendment to the Zoning Ordinance to allow bed and breakfast as a conditional use. (See attached minutes dated February 3, 1994 for specific recommendation from the Planning Commission). 1. Approve the conditional use permit request to operate a boarding house (bed and breakfast) at 5365 Shore Trail with conditions, as per City Council direction. The Council should be advised that approval would have the effect of expanding the definition of boarding house to mean also, bed and breakfast. If the conditional use permit is approved, the opportunity for anyone within a single family 4629 Dakota St. S.E., Prior Lake, Minnesota 553~r:1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER neighborhood to change the status of a home to a commercial venture would exist. 2. Table or continue the item for further study as directed by the City Council. 3. Reaffirm the recommendation from the Planning Commission to deny the conditional use permit and direct staff to prepare a Zoning Ordinance amendment to allow bed and breakfast as a conditional use. If it is the intent of the Council to incorporate appropriate regulations into the Zoning Ordinance, staff requests guidance related to the appropriate regulations, zones/locations that the Council desires to consider related to bed and breakfast operations. Please note, research of a major Zoning Ordinance amendment is not currently listed on the 1994 work program for the Planning Department. A priority change would be needed within the existing work program to facilitate the Zoning Ordinance amendment. 4. Deny the bed and breakfast with no direction to amend the Zoning Ordinance to include appropriate regulations for bed and breakfast establishments. RECOMMENDATION: Alternative #3 or 4. ACTION REQUIRED: A motion to approve or deny the conditional use permit as per City Council discussion. -2- NOTICE OF HEARING FOR CONDITIONAL USE PERMIT You are hereby notified that the Prior Lake City Council will hold a hearing in the City Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Tuesday, February 22, 1994 at 7:30 p.m. or shortly thereafter. APPLICANT: Dan Reiland, 5365 Shore Trail, Prior Lake. SUBJECT SITE: 5365 Shore Trail, Prior Lake. Part of Government Lot 4, Section 25, Township 114, Range 22, Scott County Minnesota. See attached survey for complete legal description of property. REQUEST: The applicant desires to operate a "Bed and Breakfast" at the home located at 5365 Shore Trail. See attached information for details. The property is located in an R -1 , Urban Residential Zoning District. The Ordinance does not contain a specific provision for "Bed and Breakfast" therefore the applicant has filed a conditional use permit to operate a "Boarding House" within the R-l zone. A boarding house is defmed by the Prior Lake Zoning Ordinance as: A building, not a hotel or or motel, where for compensation and for pre-arranged periods, meals and/or lodging are provided to not less than three nor more than ten persons. (Prior Lake Zoning Ordinance 83-6). The Planning Commission considered the applicant's request on February 3, 1994 and recommends that the City Council deny the application based upon inconsistency with the Zoning Ordinance and that the bed and breakfast is not an appropriate use in the neighborhood. The City Council will make the fmal decision to approve, deny or approve with conditions, the request to operate a bed and breakfast at 5365 Shore Trail, Prior Lake. If you are interested in this issue, you should attend the hearing. The City Council 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.rn. Monday through Friday. Prior Lake Planning Department Date Mailed: February 10, 1994 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER liquor stores. Several items Mr. Casey disagreed with were; the time and size allowed for balloon signs, balloons should be allowed for special occasions, and illuminated signs. Comments from the Commissioners were; regulations of liquor stores, billboard restrictions, window advertising, free-standing sign measurement, strobe lights, grade measurements, not in favor of 50% window display, snipe signs, balloon signs regulations, At 8:35 P.M. Chairman Arnold stated the Sign Ordinance Public Hearing will be continued to the end of the agenda as a second public hearing was scheduled for 8:30 P.M. ITEM II - PUBLIC HEARING - DRIVEWAY STANDARDS - TO CONSIDER ORDINANCE 94-05 The Public Hearing was called to order at 8:38 P.M. This public hearing was continued and is to consider amending the zoning and subdivision ordinances to incorporate driveway standards. Deb Garross, Assistant City Planner, presented the information as per the Planning Report of February 3, 1994. The changes outlined by the Commissioners at the January 20, 1994, meeting were incorporated into the proposed Ordinance 94-05. Comments from the Commissioners discussed the changes and were in support of the proposal. MOTION BY ROSETH, SECOND BY VONHOF, TO RECOMMEND TO CITY COUNCn.. THE ADOPTION OF RESOLUTION 94-05 AMENDING THE ZONING AND SUBDMSION ORDINANCES TO INCORPORATE DRIVEWAY STANDARDS AS REVISED. Vote taken signified ayes by Roseth, Vonhof, Arnold, and Loftus. MOTION CARRIED. MOTION BY LOFfUS, SECOND BY ROSETH, TO CLOSE PUBLIC HEARING. Vote taken signified ayes by Loftus, Roseth, Vonhof, and Arnold. MOTION CARRIED. Public Hearing was closed at 8:45 P.M. A recess was called at 8:45 P.M. and the meeting reconvened at 8:50 P.M. ITEM ITI - CONDITIONAL USE CONTINUED - DAN REILAND Dan Reiland, 5365 Shore Trail, stated he wishes to operate a bed and breakfast facility at his residence and is requesting a conditional use to obtain this goal. The house has seven bedrooms, it would be owner occupied, only one meal will be served to the guests, no liquor, and the guests would not be using the lake. There is a six car garage and parking for 12 vehicles. The facility has been inspected for code compliance. The highest number of guests at one time would be eight. Deb Garross, Assistant City Planner, presented the information as per the Planning Report of February 3, 1994. The Zoning Ordinance does not specifically contain a provision for bed and breakfast operations, therefore the application is fIled for a conditional use permit for a boarding house within a R-l Zone. Staff has researched twenty cities and received information from eleven which is attached to the report. In reviewing this information it is clear community's regulate bed & breakfast uses by conditional use permit and have specific performance criteria applied to them. The Planning Commission has several alternatives regarding the conditional use application. The Commission can recommend that the definition of boarding house be broadened by granting PLANNING COMMISSION February 3,1994 Page 2 the conditional use permit. A second alternative is to approve the conditional use permit subject to similar conditions that are required of a bed and breakfast by other Cities. A third alternative is to table or continue the item for further information. If it is the intent of the Planning Commission to allow a bed and breakfast operation, the decision could be made to place a moratorium on such operations until the Zoning Ordinance can be properly amended to include specific conditions for bed and breakfast operations as well as defme appropriate zones for their location. The final alternative is to deny the conditional use p<pnit based upon an insufficient application and inconsistency with the Zoning Ordinance. Recommendation from Staff is to deny the conditional use permit application because the Zoning Ordinance does not contain provisions to adequately regulate a bed and breakfast facility and approval could result in a negative precedent potentially detrimental to the health and welfare of existing neighborhoods. A letter received this week from Velda Murins of 5415 Shore Trail, opposing the bed and breakfast application was noted for the record. Letters from the following individuals stating their opposition to the conditional use permit were received earlier and are included in the Planning Report: Andris Valdmanis, 5425 Shore Trail; Nancy A. Nelson, 5381 Shore Trail NE; Joseph & Bonnie Bush, 5281 Shore Trail NE; Gretchen Bush WIlmes,(no address given); Steven C. Andree, 14520 Shore Lane. Ed McCorkell, 5475 Shore Trail NE, asked about deed restrictions and covenants not allowing the property to be commercial. Mr. McCorkell was advised this is part of the homeowners association and/or property owners responsibility to research. VIk Kontors, 5386 Shore Trail NE, opposed the application citing increased pedestrian and vehicular traffic, lake use, too many non-residents, and property would be affected. Mr. Kontors asked if the road used to the lake for a commercial use can be used without the residents permission. Nancy Peterson, 5330 Shore Trial, voiced her opposition to the application. The area is residential, codes are not in place for this use, and a precedent would be set. Typically a bed and breakfast is in a historical home or area. This neighborhood is not conducive to a bed and breakfast facility. Commissioner comments were; Roseth: Age of house, legal description of site, use is not outlined in the code, and is not in favor of the application; Vonhof: Homes are usually on the historical register, no sidewalks in area, traffic increase, question on the common driveway used as access to lake and use is not consistent with the neighborhood; Loftus: Felt conditional use can be allowed if conditions are met, there are no homes in Prior Lake that are 75 years old of a significant structure, site has a beautiful vista, concept of boarding house code is antiquated, alternate use to consider for large houses when families leave home, and asked the applicant how he intended to market the use and what type of clientele he was anticipating; Arnold-could see both sides of question and concept has potential but the code does not specifically address the situation. Dan Reiland stated that the length of stay would be one or two nights, the charge would be $100-$125 per night, one full breakfast, use of rear yard, sun room and deck. The stays would be from Tuesday to Saturday. The criteria for bed and breakfast uses are set by a Bed & Breakfast Association. Janice Thornton, 5485 Shore Trail, stated she had stayed in bed and breakfast establishments in Europe and lllinois. She was pleased with the accommodations, but would be opposed to a bed and breakfast in her neighborhood. PLANNING COMMISSION February 3,1994 Page 3 Discussion followed on tabling the application, applicant signing a waiver on time limit, should be a resolution to the application now rather than having the applicant and neighborhood in limbo awaiting an amendment to the ordinance. MOTION BY VONHOF, SECOND BY ROSETH, TO DENY THE CONDmONAL USE PERMIT APPLICATION TO ALLOW A BED AND BREAKFAST OPERATION AT 5365 SHORE TRAIL NE AND TO PLACE A MORATORIUM ON SUCH OPERATIONS UNTIL THE ZONING ORDINANCE CAN BE PROPERLY AMENDED TO INCLUDE SPECIFIC CONDmONS FOR BED AND BREAKFAST OPERATIONS AS WELL AS TO DEFINE APPROPRIATE ZONES FOR TIffiIR LOCATIONS. RATIONALE BEING THAT THE ZONING ORDINANCE DOES NOT CONTAIN PROVISIONS TO ADEQUATELY REGULATE BED AND BREAKFAST FACILITY AND DUE TO THE LOW DENSITY RESIDENTIAL NATURE AND CHARACTERISTICS OF THIS NEIGHBORHOOD THE CONVERSION OF A SINGLE FAMILY HOME TO A COMMERCIAL VENTURE IS NOT A CONDUCIVE USE. Kristine Kontors, 5386 Shore Trail, was recognized to speak by Commissioner Loftus. Ms. Kontors felt that the audience was being ignored. Chairman Arnold advised Ms. Kontors the motion was on the floor and a solution was being worked out Vote taken signified ayes by Vonhof, Arnold, and Roseth. Nay by Loftus. MOTION CARRIED. Mr. Reiland was advised that the application will be forwarded to the City Council. Public Hearing for the Sign Ordinance was recalled to order at 10:05 P.M. Commissioner Vonhof felt that the proposed draft is difficult to understand and requested it be made more user friendly by incorporating an index or glossary. Discussion followed on various formats that could be followed. MOTION BY ROSETH, SECOND BY VONHOF, TO CONTINUE THE PUBLIC HEARING ON THE SIGN ORDINANCE TO MARCH 3, 1994, AT 7:30 P.M. Vote taken signified ayes by Roseth, Vonhof, Arnold, and Loftus. MOTION CARRIED. MOTION BY ROSETH, SECOND BY LOFTUS, TO ADJOURN THE MEETING. Vote taken signified ayes by Roseth, Loftus, Arnold, and Vonhof. MOTION CARRIED. The meeting adjourned at 10:30 P.M. Tapes of the meeting are on fIle at City Hall. The following discussion is not on tape. Mr. Graser asked the Commissioners for items to put on the retreat agenda. Several topics were discussed and the meeting concluded at 11 :00 P.M. Horst W. Graser Director of Planning Rita M. Schewe Recording Secretary PLANNING COMMISSION February 3,1994 Page 4 .CUOlpc. PLANNING REPORT - CONTINUE HEARING AGENDA ITEM: SUBJECT: 3 CONSIDER CONDITIONAL USE PERMIT FOR A BOARDING HOUSE IN AN R-l, URBAN RESIDENTIAL ZONE. DEB GARROSS, ASSISTANT CITY PLANNER _YES -X.NO FEBRUARY 3, 1994 PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: The Planning Department received a conditional use permit application from Daniel and Carol Reiland to operate a bed and breakfast at 5365 Shore Trail NE, Prior Lake. The Zoning Ordinance does not specifically contain a provision for bed and breakfast operations, therefore the application is filed for a conditional use permit for a boarding house within an R-l Zone. Approval of the conditional use will in effect, change the definition of boarding house to mean bed and breakfast facilities. BACKGROUND: The application for a bed and breakfaSt, filed as a boarding house, is attached to this agenda report. The applicant has not provided any information related to the proposed operation and therefore, it is difficult for staff to evaluate and make a recommendation. Information provided states that there is a single family home which was built in 1986, containing seven bedrooms, a six-car garage, and two driveways for off-street parking. A certificate of survey is also attached. The subject site contains approximately one acre ofland which is Zoned R-l, Urban Residential and is located within the S-D, Shoreland District. The adjacent neighborhood is fully developed with a mixture of older cabins, remodeled homes and new single family homes. The subject site is located approximately 1/4 mile west of the public access and Sand Point Beach Park. DISCUSSION: The Planning Commission should understand that a conditional use is considered to be permitted however, because the use may have a potential for conflict with surrounding uses, the Council has the discretion to apply special conditions to the permit approval. A land use requiring a conditional use permit must follow the specific performance criteria listed in the Zoning Ordinance. The Planning Commission and Council determine whether the application can meet the designated Zoning Ordinance conditions and establish any additional conditions it believes necessary and reasonable to protect the existing neighborhood. Please note that there are no specific performance criteria for the evaluation of boarding house facilities within the Zoning Ordinance. A boarding house is defined by the Zoning Ordinance as: "a building, not a hotel or motel, where for compensation and for pre-arranged periods, meals and/or lodging are provided to not less 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER than three nor more than ten persons"; a conditional use is defined as "a use which, because of special problems of control, requires reasonable limitations peculiar to the use for the protection of the public welfare and the integrity of the Comprehensive Plan"; a conditional use permit is "a permit issued by the Council in accordance with procedures specified in this Ordinance as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents" (Prior Lake Zoning Ordinance 83-6". DISCUSSION: Staff has conducted extensive research on the topic of bed and breakfast operations. Twenty cities were contacted and Zoning regulations specifically written for bed and breakfast facilities were received from eleven communities and are attached to this agenda report. Reviewing the regulations, it is clear that community's regulate bed and breakfast uses by conditional use permit and that there are specific performance criteria applied to them. Generally, it is common to require a bed and breakfast to be owner/manager occupied; the guest rooms be located within the principle structure; the number of guests be limited to 4-10 persons and 2-10 total guest rooms/suites; two communities allow 1 or 2 employees outside of the owner or host family; off-street parking is regulated usually requiring 2 spaces for the owner and 1 space for each guest room/suite; signage is limited usually consisting of one 2 square foot wall sign indicating the name and address only of the facility; the number of days that a guest may stay is limited to between 7 and 30 consecutive days; no cooking is permitted in guest rooms; license and building, fire, and health code inspections are required; meals are limited to breakfast only for guests and cannot be served to the general public; liquor is usually prohibited; and bed and breakfast facilities are restricted to medium or high density residential districts, commercial zones or historic districts; four communities require the home to be at least 75 years old and/or be on the State Historical Register or prove that the structure is of historical significance to the community. ALTERNATIVES: The Planning Commission has several alternatives regarding the conditional use application. The Commission can recommend that the definition of boarding house be broadened by granting the conditional use permit. A second alternative is to approve the conditional use permit subject to similar conditions that are required of a bed and breakfast by other Cities. A third alternative is to table or continue the item for further information. If it is the intent of the Planning Commission to allow a bed and breakfast operation, the decision could be made to place a moratorium on such operations until the Zoning Ordinance can be properly amended to include specific conditions for bed and breakfast operations as well as to defme appropriate zones for their location. The final alternative is to deny the conditional use permit based upon an insufficient application and inconsistency with the Zoning Ordinance. RECOMMENDATION: The recommendation from staff is to deny the conditional use permit application because the Zoning Ordinance does not contain provisions to adequately regulate a bed and breakfast facility. The application is insufficient in that it does not address any issues related to the operation itself. Staff is concerned that the request equates to turning a single family home into a commercial venture that requires renting rooms and introduction of non-residents to the single family neighborhood. If this permit is approved as submitted, the opportunity for anyone within a single family neighborhood to change the status of a home to a commercial venture exists. The City has experienced problems with the relationship of commercial to residential uses with Mc Willies and the Marina. Staff is concerned that approval of the permit, in effect expanding the definition of boarding house, could result in a negative precedent potentially detrimental to the health and welfare of existing neighborhoods. If it is the intent of the Planning Commission to incorporate appropriate regulations into the Zoning Ordinance, guidance should be given to staff, the application tabled, and the appropriate research and public hearings be implemented. Please note, research of a major Zoning Ordinance amendment is not currently listed on the 1994 work program for the Planning Department. A priority change would be required within the existing work program to facilitate a Zoning Ordinance amendment. If it is the intent of the Planning Commission to approve the conditional use permit, staff recommends that the following minimum conditions be applied to the bed and breakfast operation: 1. The bed and breakfast operation be owner occupied. 2. The number of guests be limited to 10 persons, as per the boarding house definition of the Prior Lake Zoning Ordinance. 3. All guest rooms/suite be located within the principle building. 4. Employees be limited to 1 additional person not related to the owner of the facility. 5. Off-street parking include 2 spaces for the owner and 1 additional space for each guest room. 6. Signage be limited to 1 wall sign not to exceed 2 square feet and to display the name and address number only of the bed and breakfast. 7. Meals be limited to breakfast for overnight guests only. Meals to be served from 6:00 a.m. to 11 :00 a.m. and the price of the breakfast to be included in the room/suite rate for the bed and breakfast. 8. The bed and breakfast may not be used for commercial receptions, parties, etc., for the serving to paying guests of meals other than breakfast or the serving of meals to non-resident guests for compensation. 9. The number of days that a guest may stay at the facility be limited to 14 days within any 90 day period. 10. No cooking be permitted in the guest rooms/suites. 11. The conditional use permit is not transferable and will be null and void if the property changes ownership. 12. All required State, County and City Licenses including but not limited to the MN Department of Health be obtained and a copy submitted to the City of Prior Lake prior to operating the bed and breakfast facility. 13. The structure meet all Uniform Fire and Building Code requirements, be inspected annually on the anniversary date of this permit approval and a copy of inspection reports be submitted to the City of Prior Lake. 14. Smoke alarms shall be installed in all guest rooms/suites and as recommended by the Fire Chief of Prior Lake. 15. All Inspection fees to be paid by the applicant. 16. All Zoning Ordinance provisions for the R-l, Urban Residential Zone be complied with. 17. 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" ; . , o z en .. a: III , ".;: "::", .J .:\\ n3t >' !):l-a hI .;;- ::> ~ "., ~I~rn :'> V\ V' u , 0;, ,I ~\ \: 'CUOI RF' RESEARCH RELATED TO BED AND BREAKFAST OPERATIONS January 10, 1994 APrON: Bed and Breakfast: A residence at which at most two (2) rooms may be rented to a maximum of four (4) persons to whom breakfast but no other meal may be seIVed. Bed and breakfast facilities are permitted only after the issuance of a special use permit. which shall be subject to annual renewal. The following standards must be met for bed and breakfast facilities: 1. The owner shall be in residence when the rooms are being rented by paying guests. 2. The rooms rented out shall be within the residence and not in any accessory building. 3. No more than two (2) rooms shall be rented, and there shall be no more than four (4) paying guests at one time. 4. Off street parking shall be provided, with a minimum of one space per guest room and one space for the operator. An additional space shall be provided for any type of trailer or other towed item belonging to a paying guest. 5. The septic system shall be to code and sized for the proposed use, and the property must contain adequate space for an alternate septic system. 6. There shall be no signs other than those allowed for the district. 7. There shall be no exterior indication that the residence is a bed and breakfast facility. 8. No paying guest shall stay in the facility for more than fourteen consecutive days. 9. The facility shall not be used for commercial receptions, parties, etc., for the seIVing to paying guests of meals other than breakfast or the serving of meals to non-resident guests for compensation. There shall be no cooking in guest rooms. 10. Smoke alarms shall be installed. Certification that the facility has passed inspection by the fire department shall be submitted to the City before the permit is issued. 11. The Building Inspector shall inspect and approve the facility, and certification that the facility has passed inspection by the Building Inspector shall be submitted to the City before the permit is issued. 12. A license is required by the Public Health Department of Washington County and a copy of the license issued by the Public Health Department shall be submitted to the City within 10 days of its receipt by the operator of the bed and breakfast facility. 13. Bed and breakfast facilities shall meet the current side and rear setback requirements for the zone in which they are located. 14. Operators of bed and breakfast facilities are required to give clients directions for reaching the residence. 15. Failure to meet the conditions of the Special Use permit shall constitute grounds for withdrawal of the permit. 16. If ownership is transferred, an amended SUP must be applied for by the new owner within 60 days of the change in ownership. 17. The SUP will terminate if the amended permit is not requested within 60 days or if there is no request for annual renewal. CANNON FALLS: Purpose: Bed and breakfast home. An owner occupied residential structure where 1 to 5 rooms are rented on a nightly basis to guests, and breakfast is included in the price of the room. Meals may be provided to guests only. A bed and breakfast may be allowed by conditional use permit subject to the following regulatory provisions: 1. All zoning ordinance provisions regulating conditional uses; 2. Must be connected to municipal sewer service; 3. Must be located within the principal structure; 4. All zoning ordinance provisions regulating parking; provided, however, that the number of required parking spaces is two for the owner plus one for each guest room; 5. Dining facilities must be for registered guests and residents only; 6. Cooking in guest rooms is prohibited; 7. All zoning ordinance provisions regulating signs; provided however, that sign area may not exceed 2 square feet. 8. In reviewing applications for bed and breakfast conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with the use. CHANHASSEN: Purpose: Bed and Breakfast operations are permitted as an interim use in agricultural zoning districts and as a conditional use in neighborhood business districts. The following applies to bed and breakfast establishments: 1. Two off-street parking spaces plus one additional space per rental room must be provided. 2. There shall be no more than one employee in addition to the residents. 3. Establishment must be owner occupied. 4. Not more than five rooms may be rented. All rooms must be located in the principal dwelling except that one room may be located in a detached accessory structure. 5. The rooms shall not be rented for more than seven consecutive days to the same person. 6. The structure shall meet all Uniform Building and Fire Code requirements. 7. The structure shall meet all requirements of the Minnesota Department of Health. CHASKA: Purpose: It is the intent of this section to provide for bed and breakfast establishments as defined herein within certain districts subject to securing a Conditional Use Permit and meeting various conditions as listed below and as may be required by City Council during reivew of specific applications. The following minimum conditions are requred for bed and breakfast establishments: 1. Location within R, R2, and 0 districts. 2. Location within an existing residential structure. 3. Facility must be occupied by the owner or an agent of the owner as a personal residence. 4. Off-street parking spaces required as follows: a. Two for the owner b. One for each rented room. 5. No significant change to the exterior design and appearance of the residence other than as required by State and local codes and ordinances. 6. Minimum of 100 squre feet per sleeping room, maximum of five sleeping rooms. 7. No cooking facilities permitted in the rented rooms. 8. Owner must meet State licensing requirements. 9. One identification sign permitted on the premises subject to the following: a) Maximum area of sign: 12 sq. ft. (R and 0 Districts) 6 sq. ft. R-2 District. b) Maximum height of sign: 4 feet. c) Minimum setback from street R-O-W: 15 feet. d) Lighting limited to indirect beam, no internal illumination or flashing light. 10. For bed and breakfast's located in the R and 0 Districts which are not seIVed by minicipal sewer and water, an inspection shall be conducted of the existing private sewage disposal and water supply systems to determine their adequacy for the intended use, and improvements to or replacements of such systems shall be undertaken as may be found to be warranted. GOODHUE COUNTY: Purpose: Bed and Breakfast Inns. The following standards shall apply to all bed and breakfast inns by conditonal use permit in all districts except the Wild and Scenic River District or Industrial District: 1. May only occur in an existing owner occupied single family dwelling. 2. Breakfast only to be seIVed and it must be included in the price of the room. 3. Maps showing limits of the property to be placed in rooms. 4. No more than 10 guests will be accomodated. 5. No more than 4 rooms or suites be designated for guests. 6. No cooking facilities allowed in rooms. 7. Owner must show proof of liability insurance. 8. An annual inspection by the Fire Marshall and Public Health SeIVices must be established. 9. The property must have adequate parking. HASTINGS: Purpose: The intent of this Chapter in establishing a medium density residential district is to protect those residential areas within Hastings that were developed in most part prior to World War II, encroachment from potential conflicting uses, and to provide for future residential and related development consistent with proper existing development and with minimum standards for the provision of health, light, air and visual appeal. Conditional Use: Bed and Breakfast lodging facilities provided the following criteria are adhered to: 1. That the facility shall be part of a formally designated local, state, or national historical structure. 2. That a maximum of ten bed and breakfast units may be established in a structure. 3. That the facility shall have a state license (hotel and food), and comply with Building and Fire Codes as may be required or applicable. 4. That the facility shall be owner or manager occupied. 5. That the facility shall have a minimum size of 2,500 gross square feet. 6. That all bed and breakfast units shall be established within the principle structure. 7 Than not more than the equivalent of two full time persons shall be employed by the bed and breakfast facility who are not residents of the structure. 8. That dining and other facilities shall not be open to the public but shall be used exclusively by the registered guests and residents unless allowed as a separate permitted or special use. 9. That one off-street parking space shall be provided for the home plus one space for each bed and breakfast unit. 10. That not more than one identification sign not exceeding two square feet in area may be attached to each wall which faces a street. 11. That the lot on which a bed and breakfast facility is proposed shall have a minimum area of 7,000 sq. ft. plus 1,000 sq. ft. for each unit in excess of five units. 12. That bed and breakfast establishments shall apply for and be granted a permit from the Zoning Office upon review by the Planning Commission and approval by the City Council prior to commencement of the operation. NORTHFTELD: Purpose: Bed and breakfast establishments allowed as a conditional use in residential and commercial zones may be permitted by conditional use permit if the following conditional are met: 1. The owner shall reside on the property. 2. The establishment shall comply with the Northfield Rental Ordinance and Liquor License regulations. 3. The establishment shall conform with State Health and Building Code requirements, and shall show proof of inspection or proof of proper operating licenses by the State and/or County. 4. The only meal served to guests shall be breakfast (between the hours of 6:00 a.m. and 11:00 a.m.) and only overnight guests shall be served. 5. The facility shall be limited to no more than four guest rooms with a maximum guest capacity as determined by fire and building regulations. 6. Each guest shall be limited to staying not more than 14 days within any ninety day period. 7. A minimum of 1 off-street parking space for each guest room and 2 off-street parking spaces for the resident owner-manager shall be required. All parking areas for 4 or more vehicles shall be setback a minimum of 10 feet from all property lines, and shall be screened from adjacent residential uses and public streets. 8. On-premises advertising for any bed and breakfast facility located in any zone shall comply with the Northfield Sign Ordinance. The content of any such sign shall be limited to identifying not more than the name and address of the facility. No sign shall be internally illuminated. 9. No external vending machines shall be allowed. 10. No cooking or cooking facilities shall be allowed or provided in the guest rooms. 11. All inspection fees shall be paid by the applicant prior to issuing an occupancy permit RED WING: Purpose: Bed and breakfast establishments shall be permitted in all residential zones within the City subject to the following criteria and upon approval by the Council. An application and certificate of zoning compliance must be filed and approved by the City Council. 1. All certificates shall be valid for 1 year from the date of issuance and must be reviewed by the Zoning Administrator and City Council prior to renewal. The Council may add or delete conditions to the certificate of compliance at the time of renewal. 2. The certificate of compliance shall terminate automatically upon sale or transfer of the premises for which the certificate has been issued. 3. The applicant must furnish evidence that licenses required by the State of Minnesota either have been issued or will be issued before commencing operation. 4. Site requirements: Identifying signs to be no more than 4 square feet in total, located on the building and consistent with the character of the building. 5. All exterior lighting to be concealed or screened. 6. Off-street parking is to be screened from the surrounding residences. SHAKOPEE: Purpose: It is the intent of the City in establishing general and specific criteria for conditional uses that such uses be subject to careful evaluation to ensure that their location and design are consistent with the standards, purpose and procedures of this Ordinance and the Comprehensive Plan, and do not have a detrimental impact on neighboring properties. The Board of Adjustment and Appeals may impose conditions on such uses in order to ensure compliance or to effect the purpose of this Ordinance. Bed and breakfast Inns may be allowed by conditional use permit in R-2 zones. 1. In the R-2 District the owner or operator shall reside upon the property or shall submit a Management Plan for approval by the Planning Commission, for the operation of the facility. 2. The establishment must comply with State Health and Building Code requirements. 3. Only guests shall be served. 4. The facility shall be limited to five guest rooms or a maximum guest capacity of ten. 5. The buildings must be at least 75 years old. 6. Guest stay shall be limited to 30 days. 7. Off-street parking shall be provided in accordance with the parking requirements of this Chapter. A minimum of one space per guest room and one space for the operator shall be required. 8. Signage shall be in accordance with the provisions of the City Code regulating signs. 9. In the R-2 District, a minimum spacing of 350 feet radius between Inns shall be required. STILLWATER: Purpose: The City of Stillwater recognizes that Bed and Breakfasts are an asset to the community for the preservation of our historic homes. It is the intention of the City to limit Bed and Breakfast uses to those homes whereby a special use would benefit the City and surrounding area by allowing appropriate adaptive reuse for such dwellings. Allowing Bed and Breakfasts is in recognition that the expense of owning and maintaining historic homes has made them less suitable for single-family dwellings. Conditional Use: Bed and Breakfasts are allowed by a special use permit subject to the following conditions: 1. At least 2 off-street parking spaces must be provided on-site for the owner/manager and one parking space for each room rented Bed and Breakfast unit. The parking spaces shall be signed and plan approved by the City. 2. The dining facilities of a Bed and Breakfast establishment shall not be open to the public but shall be used exclusively by the registered guests unless allowed as a separate permitted or special use. 3. Bed and Breakfast uses in residential areas shall be located at least nine hundred (900) feet apart (approximately three blocks). 4. No liquor shall be sold on premises, If wine is served, a wine license must be obtained from the City of Stillwater. 5. Bed and Breakfast establishments are allowed an identification sign not exceeding four square feet and shall be located on site. The sign must match the architectural features of the structure. 6. A Bed and Breakfast establishment is only permitted in a RCM or RB Zoning District Bed and Breakfast establishments are prohibited in all other districts. 7. The Bed and Breakfast structure will be at least one hundred years old and/or will show proof of historic significance to the character of the City. 8. The maximum of five Bed and Breakfast guest rooms may be established in a residential Bed and Breakfast structure. The following lot and structure size criteria determines the number of guest rooms allowed in a bed and Breakfast. (Overall house size is determined by using the total square footage of habitable living space within the structure. 9. Adequate lighting must be provided between the structure and parking areas for safety contiguous to the residential structures. to. Additional external lighting is prohibited. 11. A Bed and Breakfast establishment shall show proof of City building, fire and planning inspections, proof of operation licenses by Washington County and shall submit the State sales and use tax number of their business to the Community Development Department 12. Restoration or additions to a bed and breakfast shall meet the Secretary of Interior's Standards for Rehabilitation. 13. All Bed and Breakfast Special Use Permits shall be reviewed annually by the Community Development Department A report shall be submitted to the Planning Commission and City Council, during November of each year. WINONA: Purpose: Bed and breakfast operations are not permitted in single family districts, are permitted by conditional use within medium and high density residential districts. Bed and breakfast my be permitted by conditional use permit if the following conditions are met: 1. The home shall be the primary residence of the host or host family. 2. The home shall have demonstrated community historical significance. 3. Minimum lot area shall be computed at the rate of 1,500 square feet per guest room. 4. Only paying overnight guests shall be served meals. No cooking shall be allowed in guest rooms. 5. Guest stay shall be limited to a maximum of 29 continuous days. 6. Off-street parking shall be provided on the basis of two spaces for the host or host family. 7. One wall sign used to identify the facility shall be permitted and shall be no larger than 2 square feet in area. 8. The home shall be subject to the hoteVmotel tax as defined in Chapter 64. 9. The home must be properly inspected and certified pursuant to all pertinent city, county and state housing, building, fire and environmental health codes and ordinances. Proof of such certifications must be submitted to the Zoning Administrator prior to operation of the home. NOTICE OF HEARING CONTINUATION FOR CONDITIONAL USE PERMIT 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, February 3, 1994 at 8:45 p.m. APPLICANT: Dan Reiland, 5365 Shore Trail, Prior Lake. SUBJECT SITE: 5365 Shore Trail, Prior Lake. Part of Government Lot 4, Section 25, Township 114, Range 22, Scott County Minnesota. See attached survey for complete legal description of property. REQUEST: The applicant desires to operate a "Bed and Breakfast" at the home located at 5365 Shore Trail. See attached information for details. The property is located in an R-l, Urban Residential Zoning District. The Ordinance does not contain a specific provision for "Bed and Breakfast" therefore the applicant has filed a conditional use permit to operate a "Boarding House" within the R-l zone. A boarding house is defined by the Prior Lake Zoning Ordinance as: A building, not a hotel or or motel, where for compensation and for pre-arranged periods, meals and/or lodging are provided to not less than three nor more than ten persons. (Prior Lake Zoning Ordinance 83-6). The Planning Commission will review the applicant's request and will make a recommendation to the City Council to approve the application subject to conditions of operation or deny the conditional use permit. The application will then be forwarded to the City Council for a final decision. 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: January 26, 1994 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Members of the Planning Commission: 1-24-94 Let this letter serve as my opposition to the request by Mr Reiland to start up a bed and breakfast operation in his home. I do not feel that this type of operation would be in the best interest of the neighborhood. It is a residential area that should not be disturbed by a commercial operation. Please enter this letter into the record at your Feb. 3, 1994 meeting regarding this issue. Valdis Murins 5415 Shore Trail Prior Lake Sunday February 20,1994 To Whom It May Concern, I am opposed to the bed and breakfast being proposed at 5365 Shore Trail, Prior Lake. I feel it would add to the traffic in the area and there is not enough off street parking to accommodate the extra vehicles. Some possibly with trailers. There is no parking allowed on the street in the winter. . This is a residential area and is not set up for businesses. Sincerely, LeRoy Woerdehoff 5270 Shore Trail N.E. Prior Lake. Wd~ ;/-e IrrJ U~ . nn~_n__ _ . -lice, ~ tf -u pt'kLa- _1= -1vL~ZL) OJ'n-X~~___' ~ _OI~ ~ -~~t!--_6J - -, _ ~ ,La/LD-~------ -6 f;J~~ . . . .--- __ ~~_~ &fL_' .._ __~r c~~~ . , ~ . ~------' M ---~-~ ~ . 0.4...1...- l/.4Jj.L,;L ~~..__ ~. '1~' ~.. nL~_.__ L__ ~_~~~_._ .. ~tA.<? hL --6lLL~ ?~.Lf);:/.~____! ----~-~~--y?LLJU.J--~_.______________ db 'L~l -b of./- -dv ~A--- Unt/fX./xY~d) -MLf ~~JJ_ _ ________- ~ ~rr C', ~ tip",L7'5) '--'-- / ~4-.h ~-cJ_.~._______.__._m__ ~B~=~-i ~~-~--n.-] i -------------j ! ~ January 15, 1994 1 Prior Lake Planning Commission 4629 Dakota St. S.E. Prior Lake MN 55372 Re: 5365 Shore Trail "Bed & Breakfast" To Whom It May Concern: I am opposed to such an establishment in a residential neighborhood. Sincerely, Gretchen Bush Wilmes g~ !IJ~ January 20, 1994 Dear Planning Commission: I oppose the request for a conditional use permit at 5365 Shore Trail. The applicant desires to operate a bed and breakfast. This would be running a business in a zoned residential area and would increase traffic on an already busy road. Many bed and breakfast's are located in historical areas or the house itself is of a historical significance. Neither of these are true in this case. Sincerely, Steven C. Andree 14520 Shore Lane Prior Lake, MN 55372 $-~ December 7, 1993 City of Prior Lake Palnning Commission P.O. Box 359 4629 Dakota St. S.E. Prior Lake, MN 55372 Re: 5365 Shore Trail N.E. Bed and Breakfast Dear Sir or Madam: We as owner occupants would propose to use the above property as a "Bed and Breakfast". The dwelling has seven bedrooms, 6 car garage, plus two driveways with parking for 12 additional cars. The dwelling was constructed in 1986 and meets city and state fire safety codes. Mr. Staber has inspected the home in November of 1993 and feels the unique qualities of our home and lot would easily accommodate the proposed use with litt\e or no disruption to the adjacent properties. \ 1-17-94 SINCE I WILL BE UNABLE TO ATTEND THE MEETING SCHEDULED FOR 1-20-94, I WANT TO EXPRESS MY OPPOSITION TO THE BED AND BREAKFAST REQUEST THAT HAS BEEN SUBMITTED BY MR REILAND. ~ ~ ANDRIS VALDMANIS ~Z6 5no~_ '~L J OBJECTIONS TO BED & BREAKFAST AT 5365 Shore Trail N.E. Prior Lake, MN 55372 Members of the Prior Lake Planning Commission, As a full time resident in the neighborhood of the proposed Bed & Breakfast, as well as the occupant of the closest adjacent property, I strongly oppose the conditional permit to operate a "Boarding House" within our R-1 zone. An operation such as this would completely destroy the integrity of the quiet, private, residential area in which we live. I, for one, highly value the secluded nature of our area. Through advertisement and utilization of the proposed "Boarding House" our individual home and personal security would be in jeopardy by inviting strangers into our neighborhood who might never have found it on their own, as the only people who walk or drive through our streets actually live here. I do not want to live next to a house in which one would be entertaining three to ten persons every weekend. I do not want to look at, or listen to, twelve cars parking, or twenty four doors slamming. I work full time, and my weekends, evenings and privacy are sacred to me. I would conclude by stating that the original designation of our area as a Residential Zone was based on valid reasoning and good judgment, and it should remain that way, as almost all of us actually reside here, now, in relative peace and quiet and safety. ')::lY'0 ~ Nancy A~Nelson 5381 Sh e Trail N.E. Prior L ke, MN 55372 l .CUOI PC" PLANNING REPORT AGENDA ITEM: SUBJECT: 2 CONSIDER CONDITIONAL USE PERMIT FOR A BOARDING HOUSE IN AN R-l, URBAN RESIDENTIAL ZONE. DEB GARROSS, ASSISTANT CITY PLANNER _YES ...K.NO JANUARY 20, 1994 PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: The Planning Department received a conditional use permit application from Daniel and Carol Reiland to operate a bed and breakfast at 5365 Shore Trail NE, Prior Lake. The Zoning Ordinance does not specifically contain a provision for bed and breakfast operations, therefore the application is filed for a conditional use permit for a boarding house within an R-l Zone. Approval of the conditional use will in effect, change the definition of boarding house to mean bed and breakfast facilities. BACKGROUND: The application for a bed and breakfast, filed as a boarding house, is attached to this agenda report. The applicant has not provided any information related to the proposed operation and therefore, it is difficult for staff to evaluate and make a recommendation. Information provided states that there is a single family home which was built in 1986, containing seven bedrooms, a six-car garage, and two driveways for off-street parking. A certificate of survey is also attached. The subject site contains approximately one acre of land which is Zoned R-l, Urban Residential and is located within the S-D, Shoreland District. The adjacent neighborhood is fully developed with a mixture of older cabins, remodeled homes and new single family homes. The subject site is located approximately 114 mile west of the public access and Sand Point Beach Park. DISCUSSION: The Planning Commission should understand that a conditional use is considered to be permitted however, because the use may have a potential for conflict with surrounding uses, the Council has the discretion to apply special conditions to the permit approval. A land use requiring a conditional use permit must follow the specific performance criteria listed in the Zoning Ordinance. The Planning Commission and Council determine whether the application can meet the designated Zoning Ordinance conditions and establish any additional conditions it believes necessary and reasonable to protect the existing neighborhood. Please note that there are no specific performance criteria for the evaluation of boarding house facilities within the Zoning Ordinance. A boarding house is defined by the Zoning Ordinance as: "a building, not a hotel or motel, where for compensation and for pre-arranged periods, meals and/or lodging are provided to not less 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . ~ than three nor more than ten persons"; a conditional use is defined as "a use which, because of special problems of control, requires reasonable limitations peculiar to the use for the protection of the public welfare and the integrity of the Comprehensive Plan"; a conditional use permit is "a permit issued by the Council in accordance with procedures specified in this Ordinance as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents" (Prior Lake Zoning Ordinance 83-6". DISCUSSION: Staff has conducted extensive research on the topic of bed and breakfast operations. Twenty cities were contacted and Zoning regulations specifically written for bed and breakfast facilities were received from eleven communities and are attached to this agenda report. Reviewing the regulations, it is clear that community's regulate bed and breakfast uses by conditional use permit and that there are specific performance criteria applied to them. Generally, it is common to require a bed and breakfast to be owner/manager occupied; the guest rooms be located within the principle structure; the number of guests be limited to 4-10 persons and 2-10 total guest rooms/suites; two communities allow 1 or 2 employees outside of the owner or host family; off-street parking is regulated usually requiring 2 spaces for the owner and 1 space for each guest room/suite; signage is limited usually consisting of one 2 square foot wall sign indicating the name and address only of the facility; the number of days that a guest may stay is limited to between 7 and 30 consecutive days; no cooking is permitted in guest rooms; license and building, fire, and health code inspections are required; meals are limited to breakfast only for guests and cannot be served to the general public; liquor is usually prohibited; and bed and breakfast facilities are restricted to medium or high density residential districts, commercial zones or historic districts; four communities require the home to be at least 75 years old and/or be on the State Historical Register or prove that the structure is of historical significance to the community. ALTERNATIVES: The Planning Commission has several alternatives regarding the conditional use application. The Commission can recommend that the definition of boarding house be broadened by granting the conditional use permit. A second alternative is to approve the conditional use permit subject to similar conditions that are required of a bed and breakfast by other Cities. A third alternative is to table or continue the item for further information. If it is the intent of the Planning Commission to allow a bed and breakfast operation, the decision could be made to place a moratorium on such operations until the Zoning Ordinance can be properly amended to include specific conditions for bed and breakfast operations as well as to defme appropriate zones for their location. The final alternative is to deny the conditional use permit based upon an insufficient application and inconsistency with the Zoning Ordinance. RECOMMENDATION: The recommendation from staff is to deny the conditional use permit application because the Zoning Ordinance does not contain provisions to adequately regulate a bed and breakfast facility. The application is insufficient in that it does not address any issues related to the operation itself. Staff is concerned that the request equates to turning a single family home into a commercial venture that requires renting rooms and introduction of non-residents to the single family neighborhood. If this permit is approved as submitted, the opportunity for anyone within a single family neighborhood to change the status of a home to a commercial venture exists. The City has experienced problems with the relationship of commercial to residential uses with McWillies and the Marina. Staff is concerned that approval of the permit, in effect expanding the definition of boarding house, could result in a negative precedent potentially detrimental to the health and welfare of existing neighborhoods. If it is the intent of the Planning Commission to incorporate appropriate regulations into the Zoning Ordinance, guidance should be given to staff, the application tabled, and the appropriate research and public hearings be implemented. Please note, research of a major Zoning Ordinance amendment is not currently listed on the 1994 work program for the Planning Department. A priority change would be required within the existing work program to facilitate a Zoning Ordinance amendment. If it is the intent of the Planning Commission to approve the conditional use permit, staff recommends that the following minimum conditions be applied to the bed and breakfast operation: 1. The bed and breakfast operation be owner occupied. 2. The number of guests be limited to 10 persons, as per the boarding house definition of the Prior Lake Zoning Ordinance. 3. All guest rooms/suite be located within the principle building. 4. Employees be limited to 1 additional person not related to the owner of the facility. 5. Off-street parking include 2 spaces for the owner and 1 additional space for each guest room. 6. Signage be limited to 1 wall sign not to exceed 2 square feet and to display the name and address number only of the bed and breakfast. 7. Meals be limited to breakfast for overnight guests only. Meals to be served from 6:00 a.m. to 11 :00 a.m. and the price of the breakfast to be included in the room/suite rate for the bed and breakfast. 8. The bed and breakfast may not be used for commercial receptions, parties, etc., for the serving to paying guests of meals other than breakfast or the serving of meals to non-resident guests for compensation. 9. The number of days that a guest may stay at the facility be limited to 14 days within any 90 day period. to. No cooking be permitted in the guest rooms/suites. 11. The conditional use permit is not transferable and will be null and void if the property changes ownership. 12. All required State, County and City Licenses including but not limited to the MN Department of Health be obtained and a copy submitted to the City of Prior Lake prior to operating the bed and breakfast facility. 13. The structure meet all Uniform Fire and Building Code requirements, be inspected annually on the anniversary date of this permit approval and a copy of inspection reports be submitted to the City of Prior Lake. 14. Smoke alarms shall be installed in all guest rooms/suites and as recommended by the Fire Chief of Prior Lake. 15. All Inspection fees to be paid by the applicant. 16. All Zoning Ordinance provisions for the R-l, Urban Residential Zone be complied with. 17. The facility be connected to municipal sewer and water service. 18. The conditional use shall be reviewed annually on the anniversary date of its approval. 19. Failure to meet the conditions of the permit approval shall be grounds for terminating the bed and breakfast operation. , . . . .!2Q. ~ lJdduh t-~ &rPI-hVWl. ~ 4fJ11JPJ7~ ~~ (JY CC- . PUBLIC COMMENTS: As of the date this memo was written, Staff received two phone calls from concerned residents regarding the bed and breakfast conditional use permit. Christine Konters and Steve Andree called and are concerned that a bed and breakfast constitutes a commercial use in their single family neighborhood. Ms. Konters and Mr. Andree oppose the conditional use permit because they feel it is not an appropriate use in the neighborhood. A-t~o o p clu\.. t,lZlv i,u- /!v>t.cR.fY\LO --J-Vud ~ <4 rutfh I n":J IY) -/1.-... C<.f'fJ (, ( u:J-. 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I ct c w w .., I lc) In In :::::: a: ::) 0 tn ~ C lL h.: z cs: lc) -I C\J - w a:: ~ V) ~ '" ~ f ~\ ",' :---.-, iJ:. !~.: OJ9t! - 01 PIDt i J i:jL- . ~:ICM'ION FOR CDNDITIONAL USE PERoiIT Applicant:_..__J@n..~el C. and Cariol A. Reil and Bane poone: Address: 5365 Shore Trail N.E., Prior Lake Wbrk Poone: Property OWner: Daniel C. and Carol A. Reiland Bame Poone: Address: 5365 Shore Trail N.E.. Prior Lake Wbrk poone: Consul tant: poone: Address: 445-8575 894-9300 445-8575 RQ4-Q~nn Pro];X>sed Conditional Use Address: 5365 Shore Trail N.E.. Prior Lake Legal Description: See attached survey Existing Use of Property: Single family residence. Detached Property h:reage: Present Zoning: R-1 SM Conditional Use Being Requested: Boarding House (Bed and Breakfast) Deed Restrictions: x N:l Yes If so, please attach. PID: 25-925018~0 Has the Applicant preriously sought to plat, rezone, obtain a variance or conditional use per:mit on the subject site or any part of it: x N:l Yes lEquest: When: &.JBMISSION REOUIREMENl'S: (A) Completed application for:m. (B)Canplete legal description and parcel identification mmber (pm). (C)Filing fee. (D)Deed restrictions, if necessary. (E)Fifteen copies of site plan drawn to scale showing existing/pro];X>sed structures. (F)Additional infoonation as requested by the Planning Director including but not limited to: existing grades and buildings within 100 feet, drainage plan with finished grade and relationship to existing water bodies, if any, proFOsed floor plan with use indicated plus building ele'l1ations, landscape plan with schedule of plantings and screening, curb cuts, driveways, parking areas, walks and curbing. (G)Certified fran abstract fir:m the names and address of property owners within 500 feet of the existing property lines of the subject property. (H)Application and sUH;X>rtive data are due 20 days prior to any scheduled hearing. ONLY <DMPL~ APPLIC1\TIONS SW.L BE REVIEWED BY THE PLANNIl'G cnnuSSION. To the best of my knowledge the information presented on this for:m is correct. addition, I have read .on 7.5 of the Zoning Ordinance which specifies requirE!ll ts for diti es. I agree to provide information and follow procedu as 0 :~. Ordinance. 1.:<./1 /t3 Date /3h /1:1 Date In the the Fee THIS SEX:TION ro BE FILLED OUT BY THE PLANNIl'G DIRECroR P.LANN:IN; a::J.tMISSION CITY ex>mOL CDNDITIONS: APPROlED APPR01ED DENIED DENIED DATE OF HFAR:[N; DATE OF HFAR:[N; C.;""",,,,+-nr,,, ,.,-F t'h", 'P1 ;:IT''lT''l5nc Director tete December 7, 1993 City of Prior Lake Palnning Commission P.O. Box 359 4629 Dakota St. S.E. Prior Lake, MN 55372 Re: 5365 Shore Trail N.E. Bed and Breakfast Dear Sir or Madam: We as owner occupants would propose to use the above property as a "Bed and Breakfast". The dwelling has seven bedrooms, 6 car garage, plus two driveways with parking for 12 additional cars. The dwelling was constructed in 1986 and meets city and state fire safety codes. Mr. Staber has inspected the home in November of 1993 and feels the unique qualities of our home and lot would easily accommodate the proposed use with little or no disruption to the adjacent properties. '\ - Y o'ur s trt! -; :t~,"\ \ \" ~' '"c} ! '\ ',I ."; \ [) " ," ,,--- -,J)~ I Dan and C.~ror Reiland \ l.~ II) I ',->-- n /.... ,.' \ lJJ I "I ::> I J c/ -~- .~ UJ It 0 LD 1- <( u - L-L - l- ex::: ,-L\ U !Il !'~ o-r'1 ., ,...... ,- . 'j.; ~.... , .:~I ... " .,. ; '....~,~..) , , " I .~ .:," ., '. r.t/ffl3tlIi10 ~. . --J, j.'ICtl.$ liL;'JON .,. '2 -;r~()J'1 'I un 'Jlvn A lif I " '3 0/ I r =LS3fY\ " '- . I. ..:. 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VI (:) '.'., .'.:. ."".:., f. \,'. ~ f, , .1. c.: " L~~ 0: IJ.\' . -' r;. '^ ">I- a. C>) 'b f" Q.. , ,f- .-\......, .-q, .:r , \(~J "".~ ... ,.. /J ,..., , I' o CT .... <Xl f G\ t Ii C ~ - '1) :'1: :1\ -- ("... I U tf\ -.r =- ~ - " I -. PJ\ It\ :t IIt\ I ~ V -- ~ G I ~ rL'I - G\ 0 e-t .... - C - ~ ..0 - - c:; c.': ...... -. ttI - C U .... - ... C -- l.;: - -11 G'U .. C n t7 U 0 - .... :) -- - ~ "\lift -- ~O c ... ~~ = .0 C-1 .D o z en ... a: _..:.. , I III ,.. ".f 'IE" ,,,I :J\ n~ ~ ~-C> 'g:?~ Cl.!\~f{\ =- \1' v1 U I p . ~ \ 'CUOIRF" RESEARCH RELATED TO BED AND BREAKFAST OPERATIONS January to, 1994 AFfON: Bed and Breakfast: A residence at which at most two (2) rooms may be rented to a maximum of four (4) persons to whom breakfast but no other meal may be served. Bed and breakfast facilities are permitted only after the issuance of a special use permit, which shall be subject to annual renewal. The following standards must be met for bed and breakfast facilities: 1. The owner shall be in residence when the rooms are being rented by paying guests. 2. The rooms rented out shall be within the residence and not in any accessory building. 3. No more than two (2) rooms shall be rented, and there shall be no more than four (4) paying guests at one time. 4. Off street parking shall be provided. with a minimum of one space per guest room and one space for the operator. An additional space shall be provided for any type of trailer or other towed item belonging to a paying guest. 5. The septic system shall be to code and sized for the proposed use. and the property must contain adequate space for an alternate septic system. 6. There shall be no signs other than those allowed for the district. 7. There shall be no exterior indication that the residence is a bed and breakfast facility. 8. No paying guest shall stay in the facility for more than fourteen consecutive days. 9. The facility shall not be used for commercial receptions, parties, etc.. for the serving to paying guests of meals other than breakfast or the serving of meals to non-resident guests for compensation. There shall be no cooking in guest rooms. to. Smoke alarms shall be installed. Certification that the facility has passed inspection by the fire department shall be submitted to the City before the permit is issued. 11. The Building Inspector shall inspect and approve the facility, and certification that the facility has passed inspection by the Building Inspector shall be submitted to the City before the permit is issued. 12. A license is required by the Public Health Department of Washington County and a copy of the license issued by the Public Health Department shall be submitted to the City within to days of its receipt by the operator of the bed and breakfast facility. 13. Bed and breakfast facilities shall meet the current side and rear setback requirements for the zone in which they are located. 14. Operators of bed and breakfast facilities are required to give clients directions for reaching the residence. 15. Failure to meet the conditions of the Special Use permit shall constitute grounds for withdrawal of the permit. 16. If ownership is transferred, an amended SUP must be applied for by the new owner within 60 days of the change in ownership. 17. The SUP will terminate if the amended permit is not requested within 60 days or if there is no request for annual renewal. CANNON FALLS: Purpose: Bed and breakfast home. An owner occupied residential structure where 1 to 5 rooms are rented on a nightly basis to guests, and breakfast is included in the price of the room. Meals may be provided to guests only. A bed and breakfast may be allowed by conditional use permit subject to the following regulatory provisions: 1. All zoning ordinance provisions regulating conditional uses; 2. Must be connected to municipal sewer service: 3. Must be located within the principal structure: 4. All zoning ordinance provisions regulating parking: provided, however, that the number of required parking spaces is two for the owner plus one for each guest room: 5. Dining facilities must be for registered guests and residents only: 6. Cooking in guest rooms is prohibited: 7. All zoning ordinance provisions regulating signs; provided however, that sign area may not exceed 2 square feet. 8. In reviewing applications for bed and breakfast conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with the use. CHANHASSEN: Purpose: Bed and Breakfast operations are permitted as an interim use in agricultural zoning districts and as a conditional use in neighborhood business districts. The following applies to bed and breakfast establishments: 1. Two off-street parking spaces plus one additional space per rental room must be provided. 2. There shall be no more than one employee in addition to the residents. 3. Establishment must be owner occupied. 4. Not more than five rooms may be rented. All rooms must be located in the principal dwelling except that one room may be located in a detached accessory structure. 5. The rooms shall not be rented for more than seven consecutive days to the same person. 6. The structure shall meet all Uniform Building and Fire Code requirements. 7. The structure shall meet all requirements of the Minnesota Department of Health. CHASKA: Purpose: It is the intent of this section to provide for bed and breakfast establishments as defined herein within certain districts subject to securing a Conditional Use Permit and meeting various conditions as listed below and as may be required by City Council during reivew of specific applications. The following minimum conditions are requred for bed and breakfast establishments: 1. Location within R, R2, and 0 districts. 2. Location within an existing residential structure. 3. Facility must be occupied by the owner or an agent of the owner as a personal residence. 4. Off-street parking spaces required as follows: a. Two for the owner b. One for each rented room. 5. No significant change to the exterior design and appearance of the residence other than as required by State and local codes and ordinances. 6. Minimum of 100 squre feet per sleeping room, maximum of five sleeping rooms. 7. No cooking facilities permitted in the rented rooms. 8. Owner must meet State licensing requirements. 9. One identification sign pennitted on the premises subject to the following: a) Maximum area of sign: 12 sq. ft. (R and 0 Districts) 6 sq. ft. R-2 District. b) Maximum height of sign: 4 feet. c) Minimum setback from streetR-O-W: 15 feet. d) Lighting limited to indirect beam. no internal illumination or flashing light. 10. For bed and breakfast's located in the R and 0 Districts which are not served by minicipal sewer and water, an inspection shall be conducted of the existing private sewage disposal and water supply systems to detennine their adequacy for the intended use, and improvements to or replacements of such systems shall be undertaken as may be found to be warranted. GOODHUE COUNTY: Purpose: Bed and Breakfast Inns. The following standards shall apply to all bed and breakfast inns by conditonal use pennit in all districts except the Wild and Scenic River District or Industrial District: 1. May only occur in an existing owner occupied single family dwelling. 2. Breakfast only to be served and it must be included in the price of the room. 3. Maps showing limits of the property to be placed in rooms. 4. No more than 10 guests will be accomodated. 5. No more than 4 rooms or suites be designated for guests. 6. No cooking facilities allowed in rooms. 7. Owner must show proof of liability insurance. 8. An annual inspection by the Fire Marshall and Public Health Services must be established. 9. The property must have adequate parking. HASTINGS: Purpose: The intent of this Chapter in establishing a medium density residential district is to protect those residential areas within Hastings that were developed in most part prior to World War II, encroachment from potential conflicting uses. and to provide for future residential and related development consistent with proper existing development and with minimum standards for the provision of health, light, air and visual appeal. Conditional Use: Bed and Breakfast lodging facilities provided the following criteria are adhered to: 1. That the facility shall be part of a fonnally designated local, state, or national historical structure. 2. That a maximum of ten bed and breakfast units may be established in a structure. 3. That the facility shall have a state license (hotel and food), and comply with Building and Fire Codes as may be required or applicable. 4. That the facility shall be owner or manager occupied. 5. That the facility shall have a minimum size of 2,500 gross square feet. 6. That all bed and breakfast units shall be established within the principle structure. 7 Than not more than the equivalent of two full time persons shall be employed by the bed and breakfast facility who are not residents of the structure. 8. That dining and other facilities shall not be open to the public but shall be used exclusively by the registered guests and residents unless allowed as a separate pennitted or special use. 9. That one off-street parking space shall be provided for the home plus one space for each bed and breakfast unit. 10. That not more than one identification sign not exceeding two square feet in area may be attached to each wall which faces a street. 11. That the lot on which a bed and breakfast facility is proposed shall have a minimum area of 7,000 sq. ft. plus 1,000 sq. ft. for each unit in excess of five units. 12. That bed and breakfast establishments shall apply for and be granted a permit from the Zoning Office upon review by the Planning Commission and approval by the City Council prior to commencement of the operation. NORTHFTELD: Purpose: Bed and breakfast establishments allowed as a conditional use in residential and commercial zones may be permitted by conditional use permit if the following conditional are met: 1. The owner shall reside on the property. 2. The establishment shall comply with the Northfield Rental Ordinance and Liquor License regulations. 3. The establishment shall conform with State Health and Building Code requirements, and shall show proof of inspection or proof of proper operating licenses by the State and/or County. 4. The only meal served to guests shall be breakfast (between the hours of 6:00 a.m. and 11:00 a.m.) and only overnight guests shall be served. 5. The facility shall be limited to no more than four guest rooms with a maximum guest capacity as determined by fire and building regulations. 6. Each guest shall be limited to staying not more than 14 days within any ninety day period. 7. A minimum of 1 off-street parking space for each guest room and 2 off-street parking spaces for the resident owner-manager shall be required. All parking areas for 4 or more vehicles shall be setback a minimum of 10 feet from all property lines, and shall be screened from adjacent residential uses and public streets. 8. On-premises advertising for any bed and breakfast facility located in any zone shall comply with the Northfield Sign Ordinance. The content of any such sign shall be limited to identifying not more than the name and address of the facility. No sign shall be internally illuminated. 9. No external vending machines shall be allowed. 10. No cooking or cooking facilities shall be allowed or provided in the guest rooms. 11. All inspection fees shall be paid by the applicant prior to issuing an occupancy permit RED WING: Purpose: Bed and breakfast establishments shall be permitted in all residential zones within the City subject to the following criteria and upon approval by the Council. An application and certificate of zoning compliance must be filed and approved by the City Council. 1. All certificates shall be valid for 1 year from the date of issuance and must be reviewed by the Zoning Administrator and City Council prior to renewal. The Council may add or delete conditions to the certificate of compliance at the time of renewal. 2. The certificate of compliance shall terminate automatically upon sale or transfer of the premises for which the certificate has been issued. 3. The applicant must furnish evidence that licenses required by the State of Minnesota either have been issued or will be issued before commencing operation. 4. Site requirements: Identifying signs to be no more than 4 square feet in total, located on the building and consistent with the character of the building. 5. All exterior lighting to be concealed or screened. 6. Off-street parking is to be screened from the surrounding residences. SHAKOPEE: Purpose: It is the intent of the City in establishing general and specific criteria for conditional uses that such uses be subject to careful evaluation to ensure that their location and design are consistent with the standards, purpose and procedures of this Ordinance and the Comprehensive Plan, and do not have a detrimental impact on neighboring properties. The Board of Adjustment and Appeals may impose conditions on such uses in order to ensure compliance or to effect the purpose of this Ordinance. Bed and breakfast Inns may be allowed by conditional use permit in R-2 zones. 1. In the R-2 District the owner or operator shall reside upon the property or shall submit a Management Plan for approval by the Planning Commission, for the operation of the facility. 2. The establishment must comply with State Health and Building Code requirements. 3. Only guests shall be served. 4. The facility shall be limited to five guest rooms or a maximum guest capacity of ten. 5. The buildings must be at least 75 years old. 6. Guest stay shall be limited to 30 days. 7. Off-street parking shall be provided in accordance with the parking requirements of this Chapter. A minimum of one space per guest room and one space for the operator shall be required. 8. Signage shall be in accordance with the provisions of the City Code regulating signs. 9. In the R-2 District, a minimum spacing of 350 feet radius between Inns shall be required. STILLWATER: Purpose: The City of Stillwater recognizes that Bed and Breakfasts are an asset to the community for the preservation of our historic homes. It is the intention of the City to limit Bed and Breakfast uses to those homes whereby a special use would benefit the City and surrounding area by allowing appropriate adaptive reuse for such dwellings. Allowing Bed and Breakfasts is in recognition that the expense of owning and maintaining historic homes has made them less suitable for single-family dwellings. Conditional Use: Bed and Breakfasts are allowed by a special use permit subject to the following conditions: 1. At least 2 off-street parking spaces must be provided on-site for the owner/manager and one parking space for each room rented Bed and Breakfast unit. The parking spaces shall be signed and plan approved by the City. 2. The dining facilities of a Bed and Breakfast establishment shall not be open to the public but shall be used exclusively by the registered guests unless allowed as a separate permitted or special use. 3. Bed and Breakfast uses in residential areas shall be located at least nine hundred (900) feet apart (approximately three blocks). 4. No liquor shall be sold on premises, If wine is served, a wine license must be obtained from the City of Stillwater. 5. Bed and Breakfast establishments are allowed an identification sign not exceeding four square feet and shall be located on site. The sign must match the architectural features of the structure. 6. A Bed and Breakfast establishment is only permitted in a RCM or RB Zoning District Bed and Breakfast establishments are prohibited in all other districts. 7. The Bed and Breakfast structure will be at least one hundred years old and/or will show proof of historic significance to the character of the City. 8. The maximum of five Bed and Breakfast guest rooms may be established in a residential Bed and Breakfast structure. The following lot and structure size criteria determines the number of guest rooms allowed in a bed and Breakfast. (Overall house size is determined by using the total square footage of habitable living space within the structure. 9. Adequate lighting must be provided between the structure and parking areas for safety contiguouS to the residential structures. 10. Additional external lighting is prohibited. 11. A Bed and Breakfast establishment shall show proof of City building, fire and planning inspections, proof of operation licenses by Washington County and shall submit the State sales and use tax number of their business to the Community Development Department. 12. Restoration or additions to a bed and breakfast shall meet the Secretary of Interior's Standards for Rehabilitation. 13. All Bed and Breakfast Special Use Permits shall be reviewed annually by the Community --- ------------------------ Development Department A report shall be submitted to the Planning Commission and City Council, during November of each year. WINONA: Purpose: Bed and breakfast operations are not permitted in single family districts, are permitted by conditional use within medium and high density residential districts. Bed and breakfast my be permitted by conditional use permit if the following conditions are met: 1. The home shall be the primary residence of the host or host family. 2. The home shall have demonstrated community historical significance. 3. Minimum lot area shall be computed at the rate of 1,500 square feet per guest room. 4. Only paying overnight guests shall be served meals. No cooking shall be allowed in guest rooms. 5. Guest stay shall be limited to a maximum of 29 continuous days. 6. Off-street parking shall be provided on the basis of two spaces for the host or host family. 7. One wall sign used to identify the facility shall be permitted and shall be no larger than 2 square feet in area. 8. The home shall be subject to the hotel/motel tax as defined in Chapter 64. 9. The home must be properly inspected and certified pursuant to all pertinent city, county and state housing, building, fire and environmental health codes and ordinances.Proof of such certifications must be submitted to the Zoning Administrator prior to operation of the home. . . -cU94PN" NOTICE OF HEARING FOR CONDITIONAL USE PERMIT 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, January 20, 1994 at 8:00 p.m. APPLICANT: Dan Reiland, 5365 Shore Trail, Prior Lake. SUBJECT SITE: 5365 Shore Trail, Prior Lake. Part of Government Lot 4, Section 25, Township 114, Range 22, Scott County Minnesota. See attached survey for complete legal description of property. REQUEST: The applicant desires to operate a "Bed and Breakfast" at the home located at 5365 Shore Trail. See attached information for details. The property is located in an R-l, Urban Residential Zoning District. The Ordinance does not contain a specific provision for "Bed and Breakfast" therefore the applicant has filed a conditional use permit to operate a "Boarding House" within the R-1 zone. A boarding house is defmed by the Prior Lake Zoning Ordinance as: A building, not a hotel or or motel, where for compensation and for pre-arranged periods, meals and/or lodging are provided to not less than three nor more than ten persons. (Prior Lake Zoning Ordinance 83-6). The Planning Commission will review the applicant's request and will make a recommendation to the City Council to approve the application subject to conditions of operation or deny the conditional use permit. The application will then be forwarded to the City Council for a final decision. 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: January 6, 1994 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER ITEM n - CONDITIONAL USE - DAN REILAND Chairman Arnold reported that a call from the applicant was received by Staff stating he could not be at the meeting this evening. As there were a number of people in attendance that voiced their frustration in regard to not being heard on the application, it was decided to take their testimony for the record. There would not be any action by the Commissioners at this time and the hearing would be continued to allow the applicant an opportunity to present his case. The public portion of the conditional use hearing was called to order at this time and only the individuals that cannot be at the next meeting were asked to make their comments. Mark Stolcers, (did not give address, but listed 5395 Shore Trail NE on sign-up sheet), stated he is in total opposition of the proposed bed and breakfast facility at the Reiland residence. MOTION BY ROSETH, SECOND BY VONHOF, TO CONTINUE THE DAN REILAND CONDmONAL USE APPLICATION FOR A BED AND BREAKFAST FACILITY LOCATED AT 5365 SHORE TRAIL NE, TO FEBRUARY 3, 1994, AT 8:45 P.M. Vote taken signified ayes by Roseth, Vonhof, Arnold, And Loftus. MOTION CARRIED. A recess was called at 8: 10 P.M. The meeting reconvened at 8: 12 P.M. DISCUSSION ITEMS Item 3 - The date of March 5, 1994, was set for the Planning Commission Retreat. The location and agenda will be determined at a later date. Item 4 - To determine what type of staff assistance can be provided to facilitate more effective meetings. The Commissioners felt that earlier delivery of agenda packets would be helpful, topography maps included when applicable, and a staff commentary section in the planning report should be included. Item 5 - 1994 Planning Commission goals and tentative meeting schedule was discussed. The 1993 Variance Summary Report was briefly discussed. MOTION BY ROSETH, SECOND BY LOFTUS, TO ADJOURN THE MEETING. Vote taken signified ayes by Loftus, Arnold, Vonhof, and Roseth. MOTION CARRIED. The meeting adjourned at 8:35 P.M. The tape of the meeting is on fIle at City Hall. Horst W. Graser Director of Planning Rita M. Schewe Recording Secretary 'MI2094' PLANNING COMMISSION January 20, 1994 Page 2 'CU94PN' NOTICE OF HEARING FOR CONDITIONAL USE PERMIT 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, January 20, 1994 at 8:00 p.m. APPLICANT: SUBJECT SITE: Dan Reiland, 5365 Shore Trail, Prior Lake. 5365 Shore Trail, Prior Lake. Part of Government Lot 4, Section 25, Township 114, Range 22, Scott County Minnesota. See attached survey for complete legal description of property. REQUEST: The applicant desires to operate a "Bed and Breakfast" at the home located at 5365 Shore Trail. See attached information for details. The property is located in an R-l, Urban Residential Zoning District. The Ordinance does not contain a specific provision for "Bed and Breakfast" therefore the applicant has filed a conditional use permit to operate a "Boarding House" within the R-l zone. A boarding house is defined by the Prior Lake Zoning Ordinance as: A building, not a hotel or or motel, where for compensation and for pre-arranged periods, meals and/or lodging are provided to not less than three nor more than ten persons. (Prior Lake Zoning Ordinance 83-6). The Planning Commission will review the applicant's request and will make a recommendation to the City Council to approve the application subject to conditions of operation or deny the conditional use permit. The application will then be forwarded to the City Council for a final decision. 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: January 6, 1994 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPlDYER ~ f=" ~~.I:irn =;cct.~. '_.~::. ~t::::=,tr,3,c: ~, -: t ~:=:: '3h.3.k,coe:e, >1t---J; 612-J.....lS-l]2::'? [ie:C. Cit::. 1<3~=: J~::"':' ::t.-' :=';1: HeUl~r\~ liA I (ku. I J 20 I q -3 .{)C}n ~~ ~6-o O(jt ~Ll q-<! g/ ~EW ABSTRACTS CPNTINUAT;ONS eLOSING SrFlVlCE t- ~ r q:3 ,( {! / I 0 ML~~(,lISTmLO PROP~RfV ABSHIAC15 V\..IL}' I' (. TITlC INSURANCE m:COnOING SFRVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. ::>n HOLMES S'REET, P.O. BOX 300 SHAKOPEE. MINNESQl A 55~,79 David Moonen and Dale Kut1cr Kerry Meagher. GEln.,.1 c"""",,, H.LEI'HONC: (8121 44&.6~46 FAIt (612) 44502:>9 December 1, 1993 t Dan Rei.land 5365 Shore Trail NE Pri.oT Lake, MN 55372 To Whom it may concern: Acc.ord1ng to the 1993 tax records in thE\ Scot t County Trea!';urer' 8 office, the foJ Jawing perSOI\fo; arc listed as the ownerl'l of the property which lies within 500 feet of the following descrjbed property: A parcel of land lying ;In Government Lot 4, Rec:t:lon 75. Township 115, Range 22, Scott Co\mty, Mj.nnesota, described as follows: Beginning at the N(Jrtheaat .nncr of Lot Thirteen (J 3). lHoc:k One (1), Plat of NORTH SHORE CREST; thence North 8301 (), East along the SO'Jthc?rly edge of the pl atted roae 1.1'1 the pJat of NORTH SHORE CREST, a distan..:e 01 1/5 feet to the Northwest corner of Lot One (1). RIock 1":"0 (2); thence gOU..0 10 4l)1 gast alonr. the W~jt 11.n.-. of said !'lock 'l'wo (2) a distanc'e Of 30!) ~I;!et r>'~,r€; or les:;, e') r;he shore of Prior T.ii!l.r:; tll.;"'!'e Westerly along said shor~ line a distance of 175 feet more or less to the &~~r line of Lot Thirteen (13). Block OU'i>. (1)) plat of NORTH SHORF. CRF.:ST; t':..'IC" Nort1' 1"40' t'~..<;t along said East line a (Hstance of 315 teet (~()re or lel'is ::"l ...:.le point o~ beginning> excepting therefrom the Westerly 50 feet. PAUL E & LYNN K MADISON ~ 15'l47'~o..uJS.V' BURNSV1LllS UN- 51;33-7 ~:rtr-.uJs-' HARIJAN V & HELEN MANDERSON 5325 SHORE TRAIL NE PRIOR LAKE MN 5537Z JOSEPH PAuL BUSH 5281 NE SHORE TRAIL PRIOR LAIU: MN 55372 ,~ JNGALI..S- ~ ]4514 PINE RU NE PRIOR 1.AKE MN 55372 KEITH 1 & JILL M IVERSON 5253 SHORE TRAIL NE PRIOR LAKE MN 55372 JEANNE E BOLDT 14514 PINE RD NE PRIOR LAKE MN 55372 MZIUON J BRADACH 5267 SHORE TI{A1L NE l.JR~,:'t~ 1.41(;': MN 55372 DE~NJS R JOHNSON 14530 pTNR ;.f) ~E PR10R :,hY.::: MN 55372 PAGB 1 OF 3 MEMBER MINfIi~~OTA LAND TITLE ASSCiC:~"!":'::"; ,jJ-. Fl~'r:~rn '=;cct t :...:. rib:3trac t Tit 1 e:: ';r"akopee, r-"H'..J; 61~-j,45-~12~;~ Dec. ]~I. .:. '~i=: ~J::-::4 ='r'(~ =:0: ~ AUDREY V JOHNSON 14535 PINE ROAD NE PRIOR LAKE MN 55372 EDMUND J & ALl CE MCCORKELL 5475 SHORE THAlL NE PRIOR LAKJ:<; MN 55372 STEPHEN J BUSH 14543 PINE ROAD PRIOR LAKE MN 55372 WILBERT 1. WOERD~HOFF 5270 SHORE TRAIL NE PRIOR LAKE MN 55372 I GRETCHEN I, BUSH He3 BOX 145 REMRR MN 56672 ROBRRT llAHNELL 5290 SHORE THAlL NE PRIOR LAKE MN 55372 MARTIN S & ALl SON J 'l'RENCE 14552 PINE ROAD NE FRIOR LAKE MN 55372 ALAN C LENTNER & WIFE 5310 SIIORE TRAIL NE PRIOR LAKE MN 55372 VIKTORS G KONTJ:m.S 5381 SHORE TRAIL NE PRIOR LAKE MN 55372 JAMES Ii pf:n;HSEN Or WIFE 5330 SHORE TRAIL NE PRIOR J.AK~: MN 55372 MARTS STOLCRns 4654 FILl.MORE S'r Nl!: MPLS MN 55421 PAUL J & DONNA M BERHOW 5350 SHORE TRAIL NE PRIOR LAKE MN 55372 BARBARA VALDMANIS 5405 SHORE TRAIL NF PRIOR LAKE MN 55372 MARY R LEWIS 14521 SHORE LN NE PlnOH LAKE MN 55372 VALDIS MURINC 30 HARRJ SON t'J~: HOPKINS MN 55343 TIMOTHY J & KIMBERLY KNUTSO'tt1 14535 SHORE LANR PRTOR J,AKR MN 55312 PETER F BROlnl~ 5425 SHORE TRAIL PRIOR LAKE: MN 55372 GARY L & MARIE A GRENZ 14549 SlIORE LANE PRIOR LAKE MN 55372 ERIC M DAVIS 5445 SHORE TRATT. NE PRIOR LAKE MN 55372 STRVEN C & KAHgN M ANDREE 14520 SHORE LANE PRJ OR LAK~: MN 55372 JEANNIE L ROBBINS 2950 TERRACE CIRCLE PRiOR LAKE MN .1)5372 LOREN 1) & JUDI'l'H A KLAUSEN 14534 SHOln: LAN!:: PRlOR LAKE M.N 55372 LINDA JEANNE WIECHER 5455 SHOR~; 'fHAIL NE PRIOR LAKE MN 55372 ARNJS & STEPHANIE L OZOLS 14548 SHORE LANE P1UOH LAKI~: MN 55372 JERRY W &: MARY L YOUNG 5465 SHORE TRAIL PRIOR l.AKE: MN 55372 WILLIAM A & KAREN J FARRELL 14435 FgHNDAI,g AVE NE PRIOR LAKE MN 55372 .. Fr--C.[ll ~cott =c.~bstraet .~ Tltle:Shakopeel~~~:S12-445-0229 Dee. OS. 1993 05:24 ~~ =04 SHAWN R & HEIDI K SAGER 5291 CARRIACE Hll.1.S Rn PRIOR LAKE MN 55372 ~AYSIDE CONSTRUCTTON J~C ~O~uJ "4]36 190 ~ i1J$7~V'vf PRIOR J.AKE MN 55372 DAVin J & MARCJA K BURROUGHS 5327 CARRIAGE HILL RD NE PRIOR LAKE MN 55372 GARY R 6. KATHLeEN ~ 11'1::S 5345 CARRIAGE HTT.L Rn NE PRIOR LAKE MN 55372 WILLIAM J & PAMELf\. BURKHART 5361 CARRIAGE HILL RD PRIOR J,AKE MN 55372 KUONG VA & LA1 HENG IP HO 5300 CARR1AG~ HILLS HOAD PRIOR J,AKR MN 55372 DALE S & .JODIE L NELSON 14390 FISCH~R AVK N~ PRIOR LAKE MN 55372 PAUL M & HP,JDJ M FORMAN 5350 CARRIAGE HILL RD ?RI0R LAKE MN 55372 NORTI1 SHORr; OAKS 5286 NE HAMPTON ST PRJOR 1.AK~: MN 55372 KRISTINE KONT~RS 5386 SHORE TRAIL NE PRIOR LAKE MN 55372 MURRAY E & CAROLYN L BLAIR 5385 CARRIAGE HT1.L RD NE PRIOR l.AKr: MN 55372 THOMAS J & KARLA L SCHUTZ 5403 CARRIAGE H)1.L RD NJo: PRiOR LAKE MN 55372 SCOTT cotmrv ABSTRACT AND TITLB. IRC. Q~ '-. .-...",,- .-.,......."........ David E. Hoonen PreRident e. .. , . T ~. /' ~'" ~ ~ .- ." ~ ~ \j ~ ~ ~ ~ .~ ~ , , ,c" ,.... ." ~ . I ., ...., lQ .. If) ..... J... l;l ....1 '/ UI ~ .j >/ -..J ~I Wl ~ ,v I I . coO I) o !/} , "0 . !., tI' , ~ os. - ---- ':::1< ' ':::/l .'i~ _ " i~ : '{ .~ t - oS C.(z 0 ..... ~ ~~.-~ ~- 'I f r .tl', 11 I; '> -'ff} ", ,... ..1. (", '.1' . 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