HomeMy WebLinkAbout8B - Reiland Permit/Bed & BreakSTAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
ALTERNATIVES:
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-l, 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 Iow 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 5537.~:1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RECOMMENDATION:
ACTION REQUIRED:
e
o
neighborhood to change the status of a home to a
commerdal venture would exist.
Table or continue the item for further study as directed by
the City Council.
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.
Deny the bed and breakfast with no direction to amend the
Zoning Ordinance to include appropriate regulations for bed
and breakfast establishments.
Alternative #3 or 4.
A motion to approve or deny the conditional use permit as per City
Council discussion.
-2-
pLANNING REPORT . CONTINUE HEARING
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
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
INTRODUCTION:
The Planning Department received a conditional use permit application from Daniel and Carol
Reiland to operate a bed and brealffast 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-1 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-1, 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.
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 usc 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) 4474230 / Fax (612) 447-4245
A~ EC~A~ OPPORTUNE'Y EMPLOY~
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".
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 requiting 2 spaces for the owner and 1
space for each guest mom/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, f'ae, 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.
,4LTERNATIVES:
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 define 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 brealffast 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 MeWillies
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, thc application tabled, and thc 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 brealcfast.
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. Ail Inspection fees to be paid by the applicant.
16. All Zoning Ordinance provisions for the R-I, 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.
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.
liquor swres. Several items Mr. Casey disa~ with were; the tirn~ and siz~ 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 heating was scheduled for 8:30 P.M.
ITEM H - PUBLIC HEARING - DRIVEWAY STANDARDS - TO CONSIDER
ORDINANCE 94-05
Thc 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 Oarross, 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 COUNCIL
THE ADOPTION OF RESOLU'rION 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 LOFTUS, 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 re, convened at 8:.50 P.M.
ITEM III - 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 thc guests, no liquor, and thc 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 fried for a conditional use permit for a boarding
house within a R-1 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 bcd & 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
thc conditional use permit. A second alternative is to approve the conditional use permit subject
to similar conditions that are r~luired of a bed and bre~iaeast 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, thc 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 define 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 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 weffare of
existing neighborhoods.
A letter received this week from Velcla Murins of 5415 Shore Trail, opposing the bed and
bre~ast 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 W'dmes,(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 usc, too many non-residents, and prol~'ty 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 su'ucture, 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, thc charge would be
$100-$125 per night, one full breakfast, use ofre~ 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.
Junice Thornton, 5485 Shore Trail, stated she had stayed in bed and breakfast establishments in
Europe and Illinois. She was pleased with the accommodations, but would be opposed to a bed
and breakfast in her neighborhood.
PLANNING COMMISSION
Discussion followed on ~bling 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 CONDITIONAL 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
CONDITIONS FOR BED AND BREAKFAST OPERATIONS AS WELL AS TO DEFINE
APPROPRIATE ZONES FOR THEIR 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 CHARACq'ERISTICS 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 Rose& Nay by Loftus. MOTION CARR~D.
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. Oraser Rita M. Schewe
Director of Planning Recording Secretary
PLANNING COMMISSION
~ i\.~,~ APT~IOtTION FOR (DNDITIONAL USE PEI~IT
Dani.e!
C. anuud,)ol A. Reiland lkme Phone:
Applicant:
iq~ldress: 5365 Shore Trail N.E., Prior Lake
Property Owner: Daniel C. and Carol A. RQi]and
Address: 5365 Shore Trail N.E., Prior Lake
~z]dress:
Work Phone:
]~me Phone:
Work Phone:
Phone:
PID%
445-8575
894-9300
445-8575
Proposed Conditional Use Address: 5365.'Shore Trail N.E., Prior Lake
Legal Description: See attached survey
Existing Use of Property: Singl% family residence, Detached
Property Acreage: Present Zoning: R-1 SM
Conditional Use Being Requested: Boardin~ House (Bed and Breakfast)
Dcc~j Restrictions: x .No Yes If so, please attach.
PID: 25-92501810
~ the A~oplicant previously sought to plat, rezone, obtain a variance or conditional
permit on the subject site or any part of it: x No ..Yes I~=quest:
use
~_~SSION I~UIRI~S'. Ok)Completed application form. (B) Complete legal description and
parcel identification hUnt)er (PID). (C)Filir~ fee. (D)I~ restrictions, if necessary.
(E)Fifteen copies of site plan dr~n to scale showing existing/proposed structures.
(F)A~ditional inforn%ation as requested by the Plaruling Director including but not li~ted
to: existing grades and buildings within 100 feet, drainage plan with finished grade and
relationship to existing water b(~:lies, if any, proposed floor plan with use indicated plus
building elevations, landscape plan with schedule of plantings and screening, curb cuts,
driveways, parking areas, walks ar~ curbing. (G)O)rtified f~q~ a~tract fire the r~ and
address of property owners within 500 feet of the existing property lines of the subjec~
property. (ti)Application and supportive data are due 20 days prior to any scheduled
hearing.
Z ZONS m, smoN.
T~ the best of my knowledge the infon~ation _pres__ented o_n..this fo.r~..is_ _c~__.r~r~ets. In
...... ~ .... ead ~(on 7.5 of the zoning uromnance wrn%cn speu[z the
a(mmltlon, z nay= ~== ~ ......... : .... ~ follow the
__..~.-~.~. ~or.~i~naitionadL ;uses. I agree to provloe
tee 6wn-er~ $~Lgna~/l~e DaCe
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Signature of the Plaruting Director
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'CUOII~m
RESEARCH RELATED TO BED AND BREAKFAST OPERATIONS
January 10, 1994
~FTON:
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:
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
The owner shall be in residence when the rooms are being rented by paying guests.
The rooms rented out shall be within the residence and not in any accessory building.
No more than two (2) rooms shall be rented, and there shall be no more than four (4) paying
guests at one time.
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.
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.
There shall be no signs other than those allowed for the district.
There shall be no exterior indication that the residence is a bed and breakfast facility.
No paying guest shall stay in the facility for more than fourteen consecutive days.
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.
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.
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.
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.
Bed and breakfast facilities shall meet the current side and rear setback requirements for the zone
in which they are located.
Operators of bed and breakfast facilities are required to give clients directions for reaching the
residence.
Failure to meet the conditions of the Special Use permit shall constitute grounds for withdrawal
of the permit.
If ownership is transferred, an amended SUP must be applied for by the new owner within 60
days of the change in ownership.
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:
o
All zoning ordinance provisions regulating conditional uses;
Must be connected to municipal sewer service;
Must be located within the principal structure;
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;
Dining facilities must be for registered guests and residents only;
Cooking in guest rooms is prohibited;
All zoning ordinance provisions regulating signs; provided however, that sign area may not
exceed 2 square feet.
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.
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:
2.
3.
4.
Two off-street parking spaces plus one additional space per rental mom must be provided.
There shall be no more than one employee in addition to the residents.
Establishment must be owner occupied.
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.
The rooms shall not be rented for more than seven consecutive days to the same person.
The structure shall meet all Uniform Building and Fire Code requirements.
The structure shall meet all requirements of the Minnesota Department of Health.
Purpose: It is the intent of this section to provide for bed and break, fast 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:
2.
3.
4.
Location within R, R2, and 0 districts.
Location within an existing residential structure.
Facility must be occupied by the owner or an agent of the owner as a personal residence.
Off-street parking spaces required as follows:
a. Two for the owner
b. One for each rented room.
No significant change to the exterior design and appearance of the residence other than as
required by State and local codes and ordinances.
Minimum of 100 squre feet per sleeping mom, maximum of five sleeping moms.
No cooking facilities permitted in the rented rooms.
Owner must meet State licensing requirements.
10.
One identification sign permitted on the premises subject to the following:
a) Maximum area of sign: 12 sq. ft. (R and O Districts)
6 sq. R. 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 intemal illumination or flashing light.
For bed and breakfast's located in the R and O 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 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.
GOODHU~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:
2.
3.
4.
5.
6.
7.
8.
9.
May only occur in an existing owner occupied single family dwelling.
Breakfast only to be served and it must be included in the price of the room.
Maps showing limits of the property to be placed in rooms.
No more than 10 guests will be accomodated.
No more than 4 rooms or suites be designated for guests.
No cooking facilities allowed in rooms.
Owner must show proof of liability insurance.
An annual inspection by the Fire Marshall and Public Health Services must be established.
The property must have adequate parking.
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:
5.
6.
7
10.
11.
That the facility shall be part of a formally designated local, state, or national historical structure.
That a maximum of ten bed and breakfast units may be established in a structure.
That the facility shall have a state license (hotel and food), and comply with Building and Fire
Codes as may be required or applicabie.
That the facility shall be owner or manager occupied.
That the facility shall have a minimum size of 2,$00 gross square feet.
That all bed and breakfast units shall be established within the principle structure.
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.
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.
That one off-street parking space shall be provided for the home plus one space for each bed and
breakfast unit.
That not more than one identification sign not exceeding two square feet in area may be attached
to each wall which faces a street.
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 f~m the Zoning
Office upon review by the Planning Commission and appwval by the City Council prior to
commencement of the operation.
Purpose: Bed and breakfast establishments allowed as a conditional use in residential and commemial
zones may be permitted by conditional use permit if the following conditional are met:
2.
3.
4.
5.
6.
?.
10.
11.
The owner shall reside on the property. ·
The establishment shall comply with the Northfield Rental Ordinance and Liquor License
regulations.
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.
The only meal served to guests shall be breakfast (between the hours of 6.'00 a.m. and 11:00 a.m.)
and only ovemight guests shall be served.
The facility shall be limited to no more than four guest rooms with a maximum guest capacity as
determined by fire and building regulations.
Each guest shall be limited to staying not more than 14 days within any ninety day period.
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. An 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.
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.
No external vending machines shall be allowed.
No cooking or cooking facilities shall be allowed or provided in the guest rooms.
All inspection fees shall be paid by the applicant prior to issuing an occupancy permit.
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 fried and approved by the City Council.
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.
The certificate of compliance shall terminate automatically upon sale or transfer of the premises
for which the certificate has been issued.
The applicant must furnish evidence that licenses required by the State of Minnesota either have
been issued or will be issued before commencing operation.
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.
All exterior lighting to be concealed or screened.
Off-street parking is to be screened from the surrounding residences.
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.
3.
4.
6.
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.
The establishment must comply with State Health and Building Code requirements.
Only guests shall be served.
The facility shall be limited to five guest rooms or a maximum guest capacity of ten.
The buildings must be at least 75 years old.
Guest stay shall be limited to 30 days.
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.
Signage shall be in accordance with the provisions of the City Code regulating signs.
In the R-2 District, a minimum spacing of 350 feet radius between Inns shall be required.
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:
3.
4.
5.
6.
7.
8.
10.
11.
12.
13.
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.
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.
Bed and Breakfast uses in residential areas shall be located at least nine hundred (900) feet apart
(approximately three blocks).
No liquor shall be sold on premises, ff wine is served, a wine license must be obtained from the
City of Stillwater.
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.
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.
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.
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.
Adequate lighting must be provided between the structure and parking areas for safety contiguous
to the residential structures.
Additional external lighting is prohibited.
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.
Restoration or additions to a bed and breakfast shah meet the Secretary of Interior's Standards for
Rehabilitation.
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.
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:
o
5.
6.
7.
The home shall be the primary residence of the host or host family.
The home shall have demonstrated community historical significance.
Minimum lot area shall be computed at the rate of 1,500
square feet per guest room.
Only paying overnight guests shall be served meals. No cooking shall be allowed in guest rooms.
Guest stay shall be limited to a maximum of 29 continuous days.
Off-street parking shall be provided on the basis of two spaces for the host or host family.
One wall sign used to identify the facility shall be permitted and shall be no larger than 2 square
feet in area.
The home shall be subject to the hotel/motel tax as defined in Chapter 64.
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
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:
REQUEST:
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.
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 del'reed 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 final 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.m.
Monday through Friday.
Prior Lake Planning Department
Date Mailed: February 10, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDY~
1-24-94
Member,, of the Planning Commission
Let this le~er 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 i~
the best interest of the neighborhood. It is a residential area
that should not be disturbed by a commercial operation.
,~iease enter this letter into the, v,,ord at your Feb. 3,
meeting regarding this issue.
Valdis Murins
54!5 Shore Trail
Prior Lake
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
ANDRIS VALDMANI S
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.
Sincerely, ~
Prior L~ke, MN 55372
January 15, 1994
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
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 i993 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~oUrs tr~l~,i ~
Sunday February 20,IO~o4
To ~q~om It ¥~y 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,
~LeRoyWoerdehoff
5270 Shore Trail NoEo
Prior Lake.
February 18, 1994
City Council Members
Prior Lake City Hall
4629 Dakota Street S.E.
Prior Lake, Mn. 55372
C~ MGR, OFFICE
CffY_ OF PRIOR
FEB 2 2 1994
Dear Council Members:
We would like to voice our strong opposition to the Conditional Use Permit for a
Bed and Breakfast establishment that has been applied for by Dan Reiland, 5365
Shore Trail N.E., Prior Lake.
Our reasons for opposing this permit are as follows:
1) The neighborhood is zoned R1 residential. A Bed and Breakfast would be a
non-conforming commercial establishment in a neighborhood that is not conducive
to such an establishment. Typically a Bed and Breakfast is a home with some
historical background in a high to middle density neighborhood. Our neighborhood
is not high density, nor do the homes in the neighborhood reflect anything close to
historic.
2) We question the second driveway mentioned by Mr. Reiland. It is our
understanding the driveway he is referring to is a dirt road leading to the lake that is
located on the other side of a home next to Reiland's. It is my understanding that
this road is an access road to be used by people with deeded property on that side.
On-street parking would pose a real problem.
3) We are also concemed that there are no codes in place with the city of Prior
Lake to govern a Bed and Breakfast. I would hope that codes would be in place
before a permit for an establishment would be granted. Mr. Reiland has said in his
statement to the Planning Commission that lake usage would not be offered. What
assurance would we have? There is really nothing else in the neighborhood to
attract people except the lake.
We would respectfully request the City Council to deny the application request.
Thank you.
d Nancy Peteffs6n
5330 Shore Trail N.E.
Prior Lake, Mn. 55372