Loading...
HomeMy WebLinkAbout0210972. 3. 4. 5. 6. A. B. C. 7. Se REGULAR PLANNING COMMISSION AGENDA MONDAY, FEBRUARY 10, 1997 6:30 p.m. Call Meeting to Order: Roll Call: Approval of Minutes: Public Hearings: Old Business: New Business: Case #97-005 Mark Michael - Appeal of Home Occupation 1996 Variance Summary 1996 PUD Summary Announcements and Correspondence: A. Zoning Discussions (continued) Adjournment: 16200 ~0~k Ave. S.E., Prior Lake, Minnesota ,~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES FEBRUARY 10, 1997 1. Call to Order: The February 10, 1997, Planning Commission meeting was called to order by Chairman Criego at 6:32 p.m. Those present were Commissioners Criego, Stamson, Vonhof, Wuellner and Kuykendall, Director of Planning Don Rye, Planner Jenni Tovar and Recording Secretary Connie Carlson. 2. Roll Call: Vonhof Present Wuellner Present Stamson Present Kuykendall Present Criego Present 3. Approval of Minutes: MOTION BY KUYKENDALL, SECONDED BY STAMSON, TO APPROVE THE JANUARY 27, 1997, MINUTES AS SUBMITTED. Vote taken signified ayes by Kuykendall, Criego, Wuellner, Stamson and Vonhof. MINUTES APPROVED. 4. Public Hearings: None 5. Old Business: None 6. New Business: A. CASE #97-005 MARK MICHAEL - APPEAL OF HOME OCCUPATION. Planner Jenni Tovar presented the Staff Report. The City received a complaint regarding Mark Michael's home occupation. An investigation determined Mark Michael was operating a home occupation involving warehousing and distribution of merchandise produced off the site, without a permit, and determined he must apply for a Home Occupation Permit. A letter was sent indicating the home occupation must comply with the ordinance, by granting of a home occupation permit, or be discontinued. Mark Michael contends he was operating his home occupation prior to the change of ordinance in 1995, and the previous ordinance did not prohibit warehousing or MN021097,DOC PAGE I distribution of merchandise produced off the site, and felt he should be grandfathered in and granted a home occupation permit. Staff's conclusion is the appellant never applied for a home occupation permit. Therefore, the interpretation is, he was and continues to run a home occupation that is illegal (no permit granted). The appellant could have applied for a home occupation permit, but he did not. Therefore, he cannot be grandfathered in and must meet the current requirements to receive a home occupation permit. Recommendation was to uphold staff's interpretation of the ordinance. Comments from the public: Mark Michael, 4190 Eau Claire Trail, said he initially talked to the Prior Lake Planning Department and discussed the idea of expansion with a planner and felt he did not need a permit. The developer and neighborhood Windsong Association were aware of his intention to have a business in his home and had no objections. He felt the City was aware of his intentions when the building inspector questioned his large garage. The Windsong Association requested a copy of the Home Occupation Ordinance from the City and concluded Mr. Michael's business did not need a permit. Mr. Michael started his business in 1989 in another home in Prior Lake and stated the business has been growing since that time. He feels the complainant has misrepresented the facts to the association and the City. Mr. Michael presented a map of the neighborhood showing his home and the neighbors supporting him. He stated he located his family in Prior Lake and plans on possibly expanding his business to the business park. Mr. Michael feels he has complied with the regulations and should be grandfathered in under the ordinance and continue to do business out of his home. Criego: Asked applicant when he contacted the City with the permit. · Michael said around September of 1992. His house was completed in April of 1993. · There is no documentation regarding the approval of a home occupation. · Michael said he is using approximately 182 sq. feet for storage. Basically he warehouses candy bars, coffee and potato chips. Three freezers contain sandwiches. The office space is 143 sq. feet. The main levels are approximately 800 sq. feet not including the basement. · A driver leaves Michael's home at approximately 6:00 a.m. in a van to start deliveries. Michael has four suppliers with the most frequent supplier delivering to the residence once a week. The trucks are the size of a gas truck and there are no semi-trailers. Other suppliers deliver to the residence every 6 to 8 weeks. Approximately 6 to 8 deliveries are made per month. Stamson: · Asked about the design of the garage. MN021097 .DOC PAGE 2 · Michael said there is extra heating, 220 volts for the freezers and ceiling fans to keep it cool. All were installed with the original construction of the garage. Ralph Heuschele, 10315 Thomas Ave S., Bloomington, the manager of H & H Land Development of Windsong, President of the Association and member of the Board of Directors said he has been involved in the operation of the land development from its inception. He has been aware of the ongoing controversy between the neighbors. About a year ago the Windsong Association appointed a committee to take a look at a variety of issues and were identified as covenants compliance issues. It is his understanding someone on the committee contacted the City of Prior Lake on Home Occupation regulations. The result of the inquiry was that there were no licensing requirement they (the committee) could identify. A report was issued, which does not speak to the issue of city licensing. The Board of Directors adopted that policy for the association. Mr. Heuschele also asked Mr. Frank Worrell, a neighbor of the Michaels, if there were any problems with the business. Mr. Worrell responded he and his wife did not. Planning Director Don Rye commented the main reason this appeal is before the Commissioners is to determine whether or not the conditions of the Ordinance as they exist, been correctly applied in this case. The issue is not whether it is a nuisance or anything of that nature. Comments from the Commissioners: Vonhof: · Questioned the Ordinance for 1989. There is no documentation on the building permit. · There are 8 criteria that have to be met under the Ordinance. · The current ordinance states you cannot warehouse products. · Mr. Michael said there is no documentation stating he did not need a home occupation permit. Criego: · There are two issues to address. Does the business fit the ordinance as it now states? and, Whether or not there was some level of approval prior to the last modification to the ordinance. It appears there was verbal approval from the City that gave everybody the appearance it was legal. Stamson: · The use is in violation of conditions (c) and (e) based on square footage and the activity. · The interpretation of the 1989 ordinance, most or all of home occupations should have had a permit. MN021097DOC PAGE3 Appellant states he was given word from the City that it was not required. It may have been a misinterpretation. Given the testimony by some of the people I am satisfied the question was brought up. The building inspector questioned it at the time and was told the use and did not question the need for a permit. · The City had ample opportunity to question the use of the garage. There is nothing specifically in the ordinance prohibiting the business. · Mr. Michael made a good faith effort to comply. · The two questionable portions of the new Ordinance were not in existence when the business started. · Given the number of written testimonials from neighbors, they had no problem with the business. · It is not jeopardizing the community. · In favor of grandfathering as a use. Wuellner: · When the applicant built his house in 1993, he notified his neighborhood association, called the City who said he didn't need a permit and proceeded to build his house. · You would not normally get written confirmation stating you do not need a permit. Mr. Michael proceeded in good faith. · He should be grandfathered in and the fact he did not have a permit does not make any sense. He didn't need one. · The intent of the new ordinances is to get businesses who are getting too big, out of the neighborhood and into the business areas where they belong. How will the City deal with business who have outgrown the home and do not comply with the ordinances? This is a procedural issue the City has to deal with. · Rye responded the issue is not if you like the neighbor or not, it is being reviewed as a violation of the ordinance. That is what staff acts on. · Does not read the ordinance the way the City does and feels Michael should be grandfathered in. Criego: · Agreed with Stamson and Wuellner that Michael made every intent to do his part in trying to get a permit. · Read the Ordinance a number of times and still gets confused with the language. · Michael currently does not meet the new ordinance but started the business previous to the change and should be grandfathered in. MN~I~7DOC PAGE4 Kuykendall: Michael did not obtain a home occupation permit in 1989 in his previous Prior Lake home. · The issue is what happens next week when the business doubles in size? When will you go to another location? · Michael responded when the business impacts the neighbors, with more products and deliveries. · Michael stated he is also a nurse. · Generally support staff's recommendation but understands the situation, but where do you draw the line? When does it become a problem? · Normally the City does not like these types of occupations in residential areas. That was the intent. The Ordinance was written that way based on input from the community. Supports the Ordinance and staff. Criego: · Would like to grandfather the business in at the existing square feet. With any further growth he would have to go to the business park. · Keep in mind why the Planning Department makes these decisions. The Planning Department is doing exactly what they are told to do. Without written proof they have to take it through the required process. MOTION BY WUELLNER, SECOND BY CRIEGO, TO RECOMMEND TO CITY COUNCIL THE PROPERTY AT 4190 EAU CLAIRE TRAIL WITH THE HOME BUSINESS OPERATING BE CONSIDERED A LEGAL NON-CONFORMING USE. Commissioner Wuellner went on to state the home occupation should be grandfathered in because the Planning Commission's interpretation of the Ordinance in effect at the time the house was built the Ordinance did not contain specific language supporting the requirement for a home occupation permit, and the property owner in good faith called the City Planning Department and was told a permit was not required based upon testimony and documentation at this hearing. Open Discussion: Wuellner: · I am in support of the new Ordinance as written and support home occupations as they grow are moved out of the home and into a business district. · It should be pointed out to City Council there should be conditions if this business expands with the number of employees or deliveries or whatever is impacting the neighborhood be moved out of the home. · Rye stated that is a condition of the Ordinance at the time. It says you cannot expand or intensify the operation. MN021097.DOC PAGE 5 Kuykendali: · Asked for the definitions of accessory garages and structures. Vonhof: · Is there any precedent grandfathering in a non-permitted home occupation? · Rye said there is a procedural issue involved. Vonhof recommends to the City Council all new home building permit applications be issued with a line asking if there is an accessory use on the property under this structure. It would be a simple housekeeping solution for inspections. Kuykendall said it would be useful to use a stamp on the blue print by the building inspector stating "No Home Occupancies Allowed Without a Permit", so it is recorded and documented. There was a brief discussion on warehousing for home occupations. The intent is to minimize noise, visual impact and traffic. Vote taken signified ayes by all. MOTION CARRIED. B. 1996 VARIANCE SUMMARY REPORT Planner Jenni Tovar presented the Staff Report. During 1996 the Planning Commission reviewed 41 requests for variances (27 applications). This is down from 43 applications and 78 requests in 1995. The nature of the individual requests and their disposition are contained in the attached table. Of the 41 requests heard, 25 (61%) were approved, 8 (24%) were denied, and 6 (15%) were withdrawn. The most common request was for a variance from the Ordinary High Water Level (OHWL). The most common request in 1995 was for side yard setback variances. The next most common request was for a variance from the front yard setback requirement. Comments from the Commissioners: Kuykendall suggested bringing the report back with more information showing variances from the past few years, what percentage of the variances were in the Shoreland District, how many were appealed to City Council and reasons for approval or denial. C. 1996 PUD SUMMARY Planner Jenni Tovar presented the Staff Report. MN021097.DOC PAGE6 The City of Prior Lake currently has seven PUD districts, Cardinal Ridge, Prior View, The Wilds, Westedge Estates, Windsong on the Lake, The Harbor, Sand Pointe and Tower Hill Apartments East. Several of the PUD's are completely developed. The report provided a brief history, site data, current development status and a recommendation pertinent to the disposition of each PUD. A recess was called at 8:12 p.m The meeting reconvened at 8:17 p.m. 7. Announcements and Correspondence: A. Zoning Discussions (continued) R-2 MEDIUM DENSITY RESIDENCE DISTRICT · Staff will give a short report on garage standards. Discussed 35' elevations for homes and steep slope developments. · Value to what the lake looks like with 3 and 4 story homes. R-3 MEDIUM DENSITY RESIDENCE DISTRICT · Discussion on overhangs and 5 foot side yard setbacks. R-4 HIGH DENSITY RESIDENCE DISTRICT · Add single family units under the PUD. Require Conditional Use Permit. · Dimensional standards. · Sign ordinance with Home Occupations. · Uses in a PUD. (Office) (Retail Service Uses) Mixed uses in a PUD. OFF-STREET PARKING AREAS, PAVED AREAS AND LOADING SPACES · The City needs higher standards. · Need more landscaping in commercial parking areas. · Good design for new developments. · See C.2 under Design and Maintenance of Off-Street Parking Areas. · Briefly discussed lighting and light pollution. Bring information on floor area ratios to the next meeting. MN021097.DOC PAGE 7 $. Adjournment: MOTION BY CRIEGO, SECOND BY WUELLNER, TO ADJOURN THE MEETING. The meeting adjourned at 9:34 p.m. Donald Rye Director of Planning Connie Carlson Recording Secretary MN021097.DOC PAGE 8