HomeMy WebLinkAbout5 - Tim Conners Home Occupation Permit Appeal
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AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
"CELEBRATE PRIOR LAKE'S CENTENNIAL. 1991"
5
HORST GRASER, DIRECTOR OF PLANNING
CONNORS HOME OCCUPATION PERMIT CONTINUATION
JUNE 17, 1991
Mr. Connors home occupation permit application
for a pottery studio was considered by the
Council on May 6, 1991. Considerable
testimony was given by the neighborhood and
two experts in the pottery field. After
considerable discussion and the probability of
a tie vote, the matter was continued. The
Council requested Mr. Connors to provide
additional detail in the form of a lot survey
and elevation plan for the proposed 800 square
feet accessory structure. Attorney Kessel was
to research the validity of the neighborhood
covenants and whether Prior Lake should
observe and enforce them.
Mr. Connors home occupational permit to
operate a pottery studio was contested by
approximately 12 members of the North Shore
neighborhood. Claims ranging from nei~hborhood
degradation to environmental pollut1on were
entered into the record against the proposal.
Expert testimony was given by Laurie Halberg,
relative to the nature of the potters work and
the impacts of the kilns.
The attached survey prepared by Valley
Engineering for Mr. Connors reveals a 832
square foot detached garage structure located
in the southern portion of the lot. Access
will be gained from the unimproved section of
Ferndale Avenue. The west or front elevation
of the structure is articulated by a single
garage door, a 3 foot door and window. No
additional openings are indicated in the side
or rear of the structure. The siding is
plywood to match the house. The 2 X 6 wood
frame structure will be insulated and
constructed on a floating slab (see
attachments for further detail) .
The information and opinion dealing with the
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
disposition of the neighborhood covenants were
not available at the time this report was
prepared. This information will be delivered
under seperate cover.
During the course of discussion other factors
were mentioned for purposes of evaluating or
providing additional specificity, however,
none were directly requested. This included
landscaping, deliveries, traffic, and
controls. No additional information relative
to these items were presented.
Procedurally the Council has the option of
affirming the Planning Commission's decision
whereby letting the approval stand, or
overruling the Planning Commission by adopting
new and additional findings whereby denying
the permit. A continuation of the hearin~ is
in order in the event new and/or addit10nal
information is important in the process of
evaluating the proposal.
ALTERNATIVES: 1.
2.
3.
RECOMMENDATION:
Reaffirm the decision of the Planning
Commission.
Override the decision of the Planning
Commission by adopting new findings and
facts.
Continue the hearing.
Alternative #1.
ACTION REQUIRED:
A motion is
discussion.
upon
in
order
depending
PLEASE NOTE: For detail and analysis, please
refer to your Council Agenda packet of June 6,
1991.
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SURVEY PREPARED FOR.
TIM CONNERS
'."3 ASH CIRCLE NE
PRIOR LAKE. MN 55372
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Volley Surveying Co., P.A.
SUITE 120-C. 16670 FRANKLIN TRAil
FRANKLIN TRAIL OFFICE CONDOMINIIl",
PRIOR LAKE. MINNESOTA 55372
TELEPHONE (6/2) 447 - 2570
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Lot 1. Block 1. THIRD ADDITION TO NORTH SHORE OAKS. Scott County. Minnesota.
Also showing the location of the proposed garage as st>- ,.j this 1( th day of ~ay.
1991.
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DESCRIPTION
Notes!
Benchmark elevation 10C. 00 (a~3ur-,ed) top nut
N. Quadrant of A5h CirclE' Ferndalc' Aven~c.
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(90.8) Denotes proposed finished grade elevations
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St Cloud, Mlnnesot a
April 22, 1~1
To t.he Planning Depart.ment. O'f t.he Cit.y of" Prior Lake;
The request for a Home Occupation Permit by Tim
Connors, dated March 21,lQQ1, and the Ordinance. Section
558 of t.he Cit.y Code, Cit.y of Prior Lake. MN, has been
reviewed. together with t.he Staff Analysis and
Recommendation in the Planning Commission Report.
I complet.ely agree wit.h t.he findings and
recommendat.ions of the Commissioners as t.hey correct.ly
reflect. t.he intentions of" Mr. Connors, They have also
been very percept.ive in att.aching t.he two conditions
concerning the st.ruct.ures, landscaping and act.ivit.ies
which serve to creat.e and insure the continuance of a
neighborhood wi t.h t.he most. desirable living quali t.ies.
I have known Tim Connors and his f"amily for more
than ten years, and I am confident. t.hat his knowledge
and slcills as a pot.ter and his int.erest. in pursuing that
artistic activit.y in his home environment will be
compat.ible. yes. even desirable in t.he best. of
neighborhoods. Abselltss or bedroDJJJ communities are more
susceptible to problems t.han t.hose where resident.s are
able to quietly pursue professional interests at paces
tha t are under their own control.
In this let.t.er may I address some issues that might.
b~ raised. by persons unfamiliar wlt.h the nature of a
privat.e pot.tery studio. By introduction here are my
pert.inent. qualificat.ions: I am a professor of art..
teaching and working In the areas of calligraphy and
ceramics for Z8 years at. St.Cloud State University. I
have worked. directly wi t.h many persons who have pursued.
int.erest in ceramics beyond their student years. The
building and operat.ion of safe, eff"icient kilns has been
my specialt.y. Many kilns. up t.o 10B cubic-f"oot in
capacity. using propane or nat.ural gas, have been built.
in residential set.tings and have unmarred safet.y records
t.hrough years of" operation.
1. First. may I discuss the issue of" heat.. The kilns
t.hat. produce st.oneware and porcelain achieve t.he high-
fire temperatures by not dissipating heat. Rat.her. heat
is accumulat.ed inside over a period of 4 t.o 10 hours; even
upon reaching t.he mat.ure t.emperatures f"or t.he pott.ery
inside, t.he insulating firebrick ext.erior surface of t.he
kiln remains suf"ficiently cool so it can be t.ouched wit.h
bare hands.
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st. Cloud, Mlnnesot. a
April 22, 1~1
To t.he Planning Depart.ment. of t.he Cit.y of Prior Lake:
The request. for a Home Occupat. ion Permi t. by Tim
Connors, dat.ed March 21,1qcU, and t.he Ordinance. Sect.ion
558 of t.he Cit.y Code, Cit.y of Prior Lake. MN, has been
revi ewed t. oget.her wi t.h t.he St. aff Analysis and
Recommendation in t.he Planning Commission Report..
] complet.ely agree wit.h t.he findings and
recommendat.ions of t.he Commissioners as t.hey correctly
reflect. t.he int.ent.ions of Mr. Connors. They have also
been very percept.ive in att.aching t.he two conditions
concerning t.he st.ruct.ures, landscaping and act.ivit.ies
which serve to creat.e and insure the continuance of a
neighborhood wit.h the most. desirable living qualit.ies.
1 have known Tim Connors and his family for more
t.han ten years, and I am confident t.hat. his knowledge
and skills as a pott.er and his interest in pursuing that
artistic activity In his home environment will be
compat.ible. yes. even desirable in t.he best. of
neighborhoods. Absel1tee or bedroOJJJ communities are more
suscept.ible t.o problems t.han t.hose where resident.s are
able t.o quiet.ly pursue prof"essional int.erests at. paces
that are under their own cont.rol.
In t.his let.t.er may I address some issues t.hat. might.
b~ raised by persons unfamillar with the nature of" a
privat.e pot.t.ery st.udio. By int.roduct.ion here are my
pert.inent. qualifications: 1 am a professor of art..
t. eaching and working in t.he areas of calligraphy and
ceramics for 28 years at. St.Cloud State Universit.y. I
have worked directly with many persons who have pursued
int.erest. in ceramics beyond their student. years. The
building and operat.ion of safe, efficient. kilns has been
my specialt.y. Many kilns. up t.o 10B cubic-foot in
capacit.y. using propane or nat.ural gas, have been built.
in residential set.tings and have unmarred safet.y records
t.hrough years of" operat.ion.
1. First. may I discuss the issue of heat.. The kilns
t.hat produce stoneware and porcelain achieve t.he high-
fire t.emperatures by not. dissipating heat.. Rather. heat
is accumulat.ed inside over a period of 4 t.o 10 hours; even
upon reaching t.he mat.ure t.emperat.ures for the pott.ery
inside. t.he insulating f"irebrick ext.erior surface of the
kiln remains sufficient.ly cool so it. can be t.ouched wit.h
bare hands.
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March 25, 1991
Prior Lake Planning Commission
City of Prior Lake
4629 Dakota St. S.E.
Prior Lake, MN 55372
Re:Proposed Horne Occupation Permit for Tim G.Connors
Dear Planning Commission:
I have been retained by Mr. Robert Gemelke of 14209 Ash Circle,
Prior Lake to respond to the above-captioned matter. Mr.
Gemelke's lot abutts the rear of Mr. Connors' lot and Mr. Gemelke
is concerned about maintaining the public health, safety, morals,
comfort and general welfare as well as the character and
stability of the neighborhood in which both Mr. Connors and he
reside.
Mr. Gemelke is requesting that part of the Horne Occupation Permit
be accepted and part of it be denied. He has no objection to Mr.
Connors' current operation of kilns in his attached garage, but
objects to Mr. Connors' plans for expanding his pottery business
by constructing an additional 826 square foot building on his
property. He foresees nothing but problems developing from the
addition and is asking that the Prior Lake Planning Commission
deny this portion of the permit.
From examining the Home Occupation Ordinance, the first paragraph
states the applicability of the ordinance which is to allow
service orientated businesses to be conducted in ones home with
the exception of art studios and dressmaking. It does not appear
~
Page Two, Home Occupation Permit
that the Home Occupation Ordinance would allow a homeowner to
conduct an occupation of an industrial nature which is precisely
what pottery making is according to the Prior Lake Zoning
Ordinance on Industrial Districts.
In referring to that portion of the Zoning Ordinance that speaks
of Industrial Districts, and more specifically the extensive list
of industrial activity,it should be noted that those activities
involving the use of clay and manufacturing ceramic are among
that list. Every aspect of Mr. Connors' occupation is industrial
which clearly exceeds the intent of the Home Occupation
Ordinance.
Further,
addition
than one
the expansion of Mr. Connors' pottery business with the
of such a large building may necessitate the use of more
non-family member working on the premises.
Mr. Connors' plans on building what is termed an " accessory
building" which will be " ...devoted exclusively to an accessory
use. " According to the Prior Lake Zoning Ordinance, an accessory
use must be "...clearly and customarily incident to the principle
use of a building or premises..." on the same property. Mr
Connors intends to use the accessory building exclusively for his
pottery business which has nothing to do with the principle use
of his home since the area where he resides is zoned residential
and not industrial. '
Although Mr. Connors indicated that he will not display signage
and have material or storage on the exterior of his buildings,
the expansion of his occupation does create the possibilty that
the existing storage within his home will become full resulting
in materials being stored outside or the construction of yet
another building on his property.
The addition of electric and gas
burden on the neighborhood of an
kilns places an additional
increased possibility of a
Page Three, Home Occupation Permit
serious fire since the kilns themselves operate at temperatures
in excess of 1500 degrees Fahrenheit. which is far more heat than
that which is produced by a conventional oven and Mr. Gemelke
never anticipated that this type of equipment in an adjoining
lot.
Finally, automobile traffic within the neighborhood will increase
because of the increase in production and also because of the
seasonal kiln openings.
To conclude, the addition of an 826 square foot building on Mr.
Connors' property for the exclusive use of pottery making is
clearly an occupation that, because of its industrial nature,
falls outside the perimeter of the Home Occupation Ordinance
guidelines and is more suitable for an industrial district. Mr.
Gemelke asks, therefore, that the portion of Mr. Connors permit
requesting an additional 826 square foot building be denied.
Thank you for your time and cooperation in this matter.
Respectfully,
}vv A</" f(.
Luke A. Gomez
en
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Attorney at Law
License Number 210742
7701 26th Avenue South
Minneapolis, Minnesota 55450
cc: Robert Gemelke
LAW OFFICES
EVIOON & WEISBERG, P.A.
.......RKO....LE 4. SUITE 110
5353 GAMBLE DRIVE
NORMAN E. EVIDDN
BURTON G. WEISBERG
DAVID W. KOEHSER
MINNEAPOLIS, MINNESOTA SS416
TELEPHONE
(612) 546.1555
March 30, 1991
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PAY6';r /1.F:
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city council
City of Prior Lake
4629 Dakota street Southeast
Prior Lake, Minnesota 55372
RE: Proposed Home Occupation Permit For Tim G. Connors
14113 Ash Circle N.E.
Dear Members of the City Council:
Please be advised that the undersigned has been
retained by Mr. Terry Hanson of 14142 Ash Circle, Prior Lake to
respond to the above matter. Mr. Hanson's residence is located
across the street from that of Mr. Connors. Mr. Hanson is
requesting that the Home Occupation Permit as presently applied
for be denied.
The Home Occupation Ordinance appears to permit the
conduct of certain home occupations of a primarily service
oriented nature, in a residential neighborhood. The ordinance
should be viewed as an exception to the primary use permitted in
a residentially zoned district, and the granting of this permit
should not unduly impact on the residential character of the
neighborhood. The manufacture of ceramics in an 826 square foot
building employing electric and gas kiln equipment would
materially and adversely impact the residential character of the
neighborhood and raise issues regarding public health, safety,
comfort and general welfare.
Manufacturing activities generally, and the use of clay
and the manufacturing of ceramics are required to be conducted in
an Industrial District under the Zoning Ordinance. To grant this
permit could undermine the integrity of the Zoning Ordinance
relating to the establishment of Industrial and Commercial
Districts, as a precedent would be established wherein other
commercial/manufacturing activities utilizing industrial
equipment could seek to be introduced into a Residential District
through the vehicle of the Home occupation Ordinance. The Planning
commission would then be involved in protracted analysis of the
degree to which an industrial/commercial use could be located in a
Residential District, rather than restricting those activities, in
their entirety, to Industrial or Commercial Districts.
Page Two
March 30, 1991
Further, it should be noted that the residential lots in
North Shore Oaks, Third Addition, are subject to Protective
Covenants and restrictions running with the land as contained in
document No. 118706 records of the Scott County Recorder. These
Protective Covenants are designed to preserve the residential
character of the addition and, among other things, expressly
prohibit commercial activity from being carried out on any lot in
the addition. Mr. Connors and the other homeowners in the addition
accepted the mutual benefits and obligations of the protective
covenants which in no way threaten the safety, health, comfort or
general welfare of the community. The granting of this Home
occupation Permit would be in direct conflict with the private
contractual rights and obligations of the property owners under the
Protective Covenants. It is therefore Mr. Hanson's position that
the requested permit is not within the spirit or intent of the Home
Occupation Ordinance and should be denied.
At the hearing of this matter before the Council, Mr.
Hanson will be represented by Attorney Luke A. Gomez of
Minneapolis, Minnesota. Thank you for your consideration of this
matter.
Very truly yours,
EVIDON & WEISBERG, P.A.
/J1/ ?, ~
Norman E. Evidon
Attorney at LAw
License No. 27923
NEE:lb
Enclosures
cc: Terry Hanson
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{"II'
PLANNING COMMISSION MEETING MINUTES
MARCH 21, 1991
PAGE 2
MOTION BY LOFTUS, SECOND BY KEDROWSKI, TO APPROVE A
OCCUPATION PERMIT FOR MASTERCRAFT ELECTRONICS AT 3338 TODD
SW, RATIONAL BEING THE OPERATION DOES MEET THE OBJECTIVE
CRITERIA LISTED IN CITY CODE 5-5-8 AND IS NOT DETRIMENTAL TO
HEALTH AND WELFARE OF THE NEIGHBORHOOD AND SHOULD BE REVIEWED
AN ANNUAL BASIS.
HOME
ROAD
AND
THE
ON
An amendment to the motion was made by Loftus and seconded by
Kedrowski to, HAVE THE REVIEWAL OF THE HOME OCCUPATION PERMIT AT
STAFF'S DISCRETION.
Vote taken signified ayes by Loftus, Kedrowski, Wells, Arnold and
Roseth. MOTION CARRIED.
ITEM III
TIM CONNORS - HOME OCCUPATION PERMIT
Tim Connors, 14113 Ash circle, stated the he wishes to construct
a 832 square foot garage to use as a pottery studio and workshop.
There would be no deliveries to the residence but he would like
to hold weekend showings for his customers three or four times a
year. The traffic generated by the kiln opening shows would be
the same as garage sale traffic. The studio would not be used for
retail sales as the majority of his sales are through art shows
in the region. He is employed full-time by Pulsar Division of
Seiko and considers his pottery as an avocation.
Terrie Sandbeck presented the information as per memo of March
21, 1991. Mr. Connors applied for the Home Occupation Permit on
his own accord. His plans are to construct the garage possibly
this fall. The electric and gas kilns installed would have the
appropriate safety features and the fumes emitted would not be
noxious and there would be very little noise. However, due to
the fact the garage is not as yet constructed, Staff is unable to
anticipate the number of customers attending the showings.
Recommendation from Staff is to approve the Home Occupation
application for 14113 Ash Circle as it exists toady. The
operation meets the criteria listed in Section 5-5-8 of the City
Code and does not detract from the residential character of the
neighborhood. Staff suggests the following conditions:
1. The number of kiln openings be limited to three per year and
traffic kept at a minimum.
2. That the Home Occupation continue to conform to the criteria
outlined in Section 5-5-8 of the Prior Lake city Code.
3. Any future changes in the Home Occupation that may have a
detrimental effect u~on neighboring residents, or that cause
the operation to be 1n violation of the ordinance, the Home
Occupation Permit shall then be reviewed.
This permit is site specific and shall not be transferable. The
o~eration is limited to the home or studio and no outside storage
w111 be allowed.
PLANNING COMMISSION MEETING MINUTES
MARCH 21, 1991
PAGE 3
Sara Krohn, 14179 Ash Circle, ob~ected to the size of the
proposed building being built, park1ng concerns, and fumes.
Sandy Haycraft, 14156 Ash Circle, read the covenant pertaining to
the neighborhood and listed the conditions on what could or could
not be built.
Tim Connors stated he was unaware of covenant and had not signed
it.
Toni Hanson, 14142 Ash Circle, wanted to know location of
building.
Terry Hanson, 14142 Ash Circle, asked about frequencr of delivery
trucks and applicant should move studio to a commerc1al area.
Bradley Haycraft, 14156 Ash Circle, stated he has no objection to
the building but would like the materials used be the same as the
house, supplies stored inside, no outside employees and time
limit on shows.
Robert Gemelke, 14209 Ash Circle, concerned on safety for
children regarding the kilns being hot when operated.
Comments from the Commissioners were on definition of covenants,
safety for children regarding access to the kilns, would building
be locked, off-street parking availability, fence possibility,
status of business at present time, pottery process, odors,
and limitation on kiln show times.
Commissioner Wells and Arnold stated that the application is for
a Home Occupation permit only and not for the proposed building
and should be dealt with as such.
MOTION BY KEDROWSKI, SECOND BY WELLS, TO APPROVE A HOME
OCCUPATION PERMIT FOR TIM CONNORS AT 14113 ASH CIRCLE WITH THE
FOLLOWING CONDITIONS, 1. THE NUMBER OF KILN OPENINGS BE LIMITED
TO THREE PER YEAR AND TRAFFIC GENERATED BY THESE OPENINGS BE AT A
MINIMUM; IF ANY COMPLAINTS ARE RECEIVED DUE TO THE TRAFFIC, THE
HOME OCCUPATION PERMIT SHALL BE REVIEWED BY THE PLANNING
COMMISSION. 2. THE HOME OCCUPATION CONTINUE TO CONFORM TO THE
CRITERIA OUTLINED IN SECTION 5-5-8 OF THE PRIOR LAKE CITY CODE.
VIOLATION OF THIS CODE WILL BE CAUSE FOR REVIEWAL. 3. THE HOME
OCCUPATION PERMIT SHALL BE REVIEWED BY STAFF, EVERY SIX MONTHS
FOR THE FIRST TWO YEARS OF OPERATION.
An amendment to condition number 1 by Commissioner Wells, THE
KILN OPENINGS BE LIMITED TO TWO DAYS, THREE TIMES A YEAR.
Amendment accepted by Commissioner Kedrowski.
Vote taken signified ayes by Kedrowski, Wells, Roseth, and
Arnold. Commissioner Loftus abstained. MOTION CARRIED.
TOWNCENTER ASSOCIATION
PO BOX 299 PRIOR LAKE, MN 55372
I
June 13, 1991
Horst Graser
Administrator of City Planning
City of Prior Lake
4629 Dakota st SE
Prior Lake, Mn 55372
RE: Home occupation permit
Tim Connors
Dear Mr. Graser,
The TownCenter Association goals are quite simple, to
promote business expansion and business retention, thus
providing tax base relief.
The Board of Directors feel Mr. Conners' ideas of
expanding his hobby from his home to an out building with
rather large kilns, appears to be more of a commercial
business than a hobby. We feel this type of business should
be located within Prior Lake's commercial district rather
than his home, thus providing tax base relief for our
community at large. This would be in the best interest of
the residence as well as the business community.
If you or anyone has any questions about the Boards'
views towards this issue, please do not hesitate to contact
me at 447-4259.
Sl~cerJ;$..A
l;;GibblSh
af~e~tor
TownCenter Association
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cc: Dave Uruoacht:'
Kay Schmudlach
Larry Anderson
Deb Garross
City Council