HomeMy WebLinkAbout5 - Home Occupation Permit Appeal - Tim Connors
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AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
"CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
5
TERRIE SANDBECK, ASSOCIATE PLANNER
CONSIDER HOME OCCUPATION PERMIT APPEAL
FOR TIM CONNORS
MAY 6, 1991
The purpose of this item is to consider a Home
occupation Permit appeal for Tim Connors of
14113 Ash Circle. On March 21, 1991, the
Planning Commission approved a Home occupation
Permit for the applicant to operate a pottery
studio contingent upon three conditions. See
attached Planning Commission minutes for
details. Luke Gomez, Attorney at Law, was
retained by Mr. Robert Gemelke, of 14209 Ash
Circle, to respond to the decision of the
Planning Commission. This written appeal was
received on March 27, 1991, and requested that
the City Council review the decision of the
Planning Commission and deny this Home
Occupation Permit.
The applicant is requesting the City Council
to approve a Home Occupation Permit for a
potter~ studio. Mr. Connors has been
operatln9 a pottery studio in his basement and
garage Slnce he moved to his current place of
residence. He would like to build a three
car garage (832 square feet) behind his home,
which abuts Ferndale Avenue, so that he may
have his potter's wheel, kilns, office, and
material storage in one area.
The subject site contains a single family home
and is zoned R-1. The lot is approximately
17,575 square feet, and large enough that the
construction of a three car garage on the
property would not require variances to the
City Zoning Code. The site abuts Ferndale
Avenue along the west side yard, two
residential lots with single family homes
along the east side yard lot line, and another
residential lot along the rear yard line. The
neighborhood is comprised almost exclusively
of single family homes to the north, south,
and east, with an undeveloped, wooded wetland
(zoned C-1, Conservation) to the west of the
site.
4.2~ .iikotfl St. S.L P'rior l.4k~. Minnesota 55372 / Ph. (i>12) <<7-4231 / F~x (~12) 4~74245
~n E4uIill .fJ/9~rtunity/AffirmllltiL'e Actl"n EC'l.,I~lef
Mr. Connors is a part-time potter with eight
years of University level study in ceramic
arts. He was also an apprentice to a Japanese
master potter for one year. He is employed by
the Seiko Time Corporation as a sales
representative for their Pulsar Division, and
plans to continue his employment with them.
Mr. Connors currently has a potter's wheel and
an office in his basement, and an electric
kiln in his attached garage. He would like to
build an 832 square foot garage (three stalls)
to use as a studio in his back yard. He plans
to install both a gas and an electric kiln in
the new studio.
The kilns will be installed by professionals
and will possess all of the appropriate safety
features. Due to the high temperatures
produced, a kiln has a more complete
combustion than an ordinary home furnace,
therefore fumes and pollution are minimal.
The outside of the type of kiln that Mr.
Connors will use will not be hot due to a
protective exterior. Although there may be a
temporary sulfur odor at the beginning of a
firing when using clay with a hi9h sulfur
content, Mr. Connors does not use thlS type of
clay in his work. Very little noise is
produced by either type of kiln. The limited
amount of pollution and noise was verified by
both Minnesota Ceramic Supply of St. Paul, an
electric kiln retailer; and Continental Clay
of Minneapolis, a gas kiln retailer.
Michael Conroy, President of Minnesota Ceramic
Supply, also provided documentation regarding
a 1986 Ceramic Shop Air Quality Study
performed by the Garland, Texas Environmental
Health Department. This study compared the
air quality of ceramic shops with kilns venti-
lated to the outside, with the air quality of
ceramic shops that did not vent their kilns to
the outside. The study stated that, in both
cases, their "..sampling revealed very low,
non-harzardous concentrations of heavy metals
and silica during all firings." A copy of this
study is attached to this report.
Mr. Connors does not intend to hire employees
for his pottery studio; and there would be
no additional deliver~ trucks in the
neighborhood due to thlS operation. Mr.
Connors transports his pottery supplies and
products with his own vehicle. Occasional
deliveries related to his sales career, and
personal deliveries, will still occur, as is
permitted in all residential neighborhoods.
Mr. Connor's work is sold through off-premise,
regional art shows, so he does not intend to
use his studio for retail sales. However, he
would like the right to hold week-end kiln
openings three or four times per year for the
collectors of his work. Notification of these
openings would be accomplished through
mailings, and would not involve advertising to
the public. He equated the amount of traffic
that would be generated to that of a garage
sale, and foresees that there would be no more
than four cars at his residence at a time.
DISCUSSION:
Mr. Connors' proposal meets the criteria
listed in the Prior Lake Home Occupation
Ordinance, section 5-5-8 of the City Code.
For this reason, the recommendation from staff
to the Planning Commission was to approve the
Home Occupation Permit for 14113 Ash Circle as
the operation exists today.
Home Occupations may be permitted only if they
do not detract from the residential character
of the neighborhood. This operation currently
meets this objective, and should continue to
do so once it is moved into the proposed
studio.
However, due to the fact that the garage, or
studio, is not yet constructed, and that staff
is unable to verify the number of customers
that may attend the kiln openings, staff
recommended that the Planning commission
approve the permit based upon the following
contingencies:
1.) The number of kiln openings be limited to
three per year, and that the traffic
generated be kept to a minimum;
2.) The Home occu~ation continue to conform
to the criterla outlined in section 5-5-8
of the Prior Lake City Code; and
3.) Future changes in the Home Occupation
that may have a detrimental effect upon
neighboring residents, or that cause the
operation to be in violation of Section
5-5-8 of the City Code, must be brought
to the attention of staff by Mr. Connors
for possible review by the Planning
Commission.
six Neighborhood residents expressed their
objections to approval of the permit. Concerns
included:
1.) The pro~osed studio:
a. Slze too large
b. Location of buildin9 on lot
c. Using similar materlals as house
d. Covenant agreement referencing
building size and style
2.) The kiln openings:
a. Inadequate off-street parking
b. Request that a time limit be placed
on the shows
3.) The kilns:
a. Fumes produced
b. High temperatures may burn children
4. ) Concerns of frequent deliveries to the
home
5. ) Request that supplies not be stored
outside
6.) Request that there be no employees
outside of the family
commissioners Wells and Arnold reminded the
residents that the application was for a Home
Occupation permit, and not for the proposed
building. Mr. Connor's lot is large enough to
permit an 832 square foot accessory building
without the need for variances, however
discussion of the size or design of this
building was not appropriate at that time.
Discussion on the neighborhood covenant was
also irrelevant, as this would be a legal
matter.
The Planning Commission approved
Occupation Permit for Tim Connors
following conditions:
the Home
with the
1.) The number of kiln openings be limited to
two days, three times per year; and
traffic generated be kept to a minimum.
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.
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
On March 27, 1991, the Planning Department
received a letter from Luke A. Gomez, Attorney
at Law, re9arding an a~peal of the decision of
the Plannlng Commisslon. This letter is
attached to this report. It states that
activities using clay and the manufacture of
ceramic products is permitted only in an
Industrial District. However, this is not the
case in the city of Prior Lake. A copy of
Section 3 of Prior Lake Zoning Code 83-6 is
attached. It lists the permitted and
conditional uses for Special Industrial and
Light Industrial Districts.
The Planning Department has also received
five additional letters regarding this home
occupation; two request denial of the permit,
while three are in support of its approval.
These letters are attached to this report.
In addition, the Planning Department has
received a petition signed by residents of
eight of the fifteen neighboring homes that
were notified of the permit application. This
petition states that these residents have no
objections to Mr. Connor's proposed operation.
A copy of this petition is also attached to
this report.
1. Reaffirm the decision of the Planning
commission and approve the Home Occupation
Permit.
2. Approve the Home Occupation Permit with
additional contingencies.
3. Continue the decision until additional
information can be received.
4. Deny the Home occupation Permit.
Alternative #1.
A motion would be in order depending upon
discussion by the City Council.
HO 9/ -03
PInt OJS -014.- 001-0
CIT'f OF PRIOR LAKE
APPLICATION FOR HCME OCQJPATIOO PERMIT
TIM G. CONNORS
Applicant: 14113 ASH r:TRU( N E
Address: PRIOR LAKE,MN 55372
Hane Phone: t./q lJ -'3 C' / / Work Phone:
Property Owner: SAIY} P
Address:
Hane Phone: Work Phone:
Legal Description of Site:
Propety Identification Number (PID): .fA1^ No i( +h
~~ 81 C(, Ie::. :L
Nature and Size of Harne Occupation:
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S t,.-c-uL 0 A k c;: '3 Il \) A ~ t I f-, t'~
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Present Zoning: ((Q~I /7<?/.)-f-'A-1 (R-I)
r /,JI-~,v
SUBMISSION RIDUIREMENrS: (A) Ccrnpleted application form. (B) Filing Fee.
(C) Names and addresses of abutting property o.mers. (D) Parcel ID (PID).
CNLY Q)MPLETE APPLICATIOOS SHALL BE REVIEWED BY 'mE ~ CDMMISSIOO.
TO the best of my knawledge the information presented on this form is correct.
In addition, I have read Section 6.8 of the Prior Lake Zoning Ordinance which
specifies requirements for Harne Occupations. I agree to provide information and
follow the procedures as outlined in the Ordinance.
[ ,. /" /
~L~
Applicants Signature
-...
Sutrnitted this --LL:-day of /V\('+-~ 19.1/
Fee Owners Signature
'IE I S SPACE TO BE FILLED (){JI' BY 'm E PLANNIN:; DlROCroR
PLANNING CDMM!SSIOO -L~PROIED _DENIED
CIT'fax.JOCIL APPEAL _~PROIED _DENIED
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HOME OCCUPATIONS
~~8: HOME OCCUl'Al'lONSI Any homo cxcupetlon such es en studiot.
dressmllking. tellching or the professional olfic. of e physicien.
dentist. Ilwyer. engineer, .rchitect or ac:cOUl1tanl. m.y be permitted IS en ICc.ssory
use If It complies with the requirements of this Section. The Prior L.ke PI.nning
Commission m.y Issue e home occup.tion permit following I hllring for which
Ibutting property owners h.,... b"n notifi~.
(AI The home occup.tion sh.1I he c.rried on by . member of the flmllv residing
In the dwelling unit with not more than on. employee who Is not p.rt of
the family,
(81 The home occupltion shall be Clrried on wholly within the principII or
Kcnsory struct\J rll,
(CI Exterior dlspllY' or signs other then those permitted under Section 5-5-4,
.xterlor storage of m.tt.ri.11 .nd exterior indication of the home OCcupltion
or vari.tion from the r..identill chlracter of the prinCIpII structure shill not
be permitted,
(01 Objectionable noi... vibration, smoke, dust, elec:tricII ditturblnce, odors,
hilt or gtlre sh.11 not be produced.
(EI Articles not produced on the premises sh.11 not be sold on the premi,es,
without I specified permit.
IFI The home cxcupltion shill not creall excessive lutomobile trlffle within the
neighborhood.
SOURCE: Prior Lake City Code
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 DISCRETIONo
Vote taken signified ayes by Loftus, Kedrowski, Wells, Arnold and
Rosetho MOTION CARRIED.
~J
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
yearo The traffic generated by the kiln opening shows would be
the same as garage sale traffico 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 avocationo
Terrie Sandbeck presented the information as per memo of March
21, 19910 Mro Connors applied for the Home occupation Permit on
his own accordo His plans are to construct the garage possibly
this fallo 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 noiseo However, due to
the fact the garage is not as yet constructed, Staff is unable to
anticipate the number of customers attending the showingso
Recommendation from Staff is to approve the Home Occupation
application for 14113 Ash circle as it exists toadyo 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
neighborhoodo Staff suggests the following conditions:
1. The number of kiln openings be limited to three per year and
traffic kept at a minimumo
2. That the Home occupation continue to conform to the criteria
outlined in section 5-5-8 of the Prior Lake City Codeo
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 ln violation of the ordinance, the Home
Occupation Permit shall then be reviewed.
This permit is site specific and shall not be transferableo The
o~eration is limited to the home or studio and no outside storage
wlll 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, parklng concerns, and fumeso
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 frequenc~ of delivery
trucks and applicant should move studio to a commerclal areao
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 showso
Robert Gemelke, 14209 Ash Circle, concerned on safety for
children regarding the kilns being hot when operatedo
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 timeso
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 sucho
MOTION BY KEDROWSKI, SECOND BY WELLS, TO APPROVE A HOME
OCCUPATION PERMIT FOR TIM CONNORS AT 14113 ASH CIRCLE WITH THE
FOLLOWING CONDITIONS, 10 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 0 20 THE HOME OCCUPATION CONTINUE TO CONFORM TO THE
CRITERIA OUTLINED IN SECTION 5-5-8 OF THE PRIOR LAKE CITY CODEo
VIOLATION OF THIS CODE WILL BE CAUSE FOR REVIEWALo 30 THE HOME
OCCUPATION PERMIT SHALL BE REVIEWED BY STAFF, EVERY SIX MONTHS
FOR THE FIRST TWO YEARS OF OPERATION 0
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 0
Vote taken signified ayes by Kedrowski, Wells, Roseth, and
Arnold. Commissioner Loftus abstainedo MOTION CARRIEDo
PLANNING COMMISSION MEETING MINUTES
MARCH 21, 1991 PAGE 4
commissioner Roseth commended the City of Prior Lake on receiving
the star City Awardo Commissioner Wells commended Terrie
Sandbeck on an excellent job at this evenings meetingo
MOTION BY ROSETH, SECOND BY KEDROWSKI, TO ADJOURN THE MEETINGo
Vote taken signified ayes by Roseth, Kedrowski, Wells, Arnold,
and Loftuso MOTION CARRIED 0
Meeting adjourned at 9:00 PoMo Tape of meeting on file at City
Hallo
Terrie Sandbeck
Associate Planner
Rita Mo Schewe
Recording Secretary
"CELEBRATE PRIOR LAKE'S CENTENNIAL. 1991"
NOTICE OF HEARING
FOR
PROPOSED HOME OCCUPATION PERMIT
You are hereby notified that a hearing will be held by the City
Council in the Prior Lake Council Chambers at 4629 Dakota street
S . E . on:
MONDAY, MAY 6, 1991
at
7:30
P.M.
PURPOSE OF HEARING:
To consider a home occupation permit
appeal for Tim G. Connors.
14113 Ash Circle N.E.
Lot 1, Block 1, North Shore Oaks,
Third Addition
SUBJECT SITE LOCATION:
REQUESTED ACTION:
The applicant is requesting that the
City council grant a home occupation
permit so that he ma~ use a
proposed garage as a studlO to make
handmade pottery. Mr. Connors would
like to construct this three car
garage (832 square feet) this fall
to house both an electric and a gas
kiln. These kilns do not emit
noxious fumes or odors. Mr.
Connor's work will be sold during
off-premise, regional art shows 0 He
does not intend to use this pottery
studio for retail sales, however he
would like to be able to hold
seasonable kiln openings. In order
for Mr. Connors to o~erate a pottery
studio from his resldence, he must
obtain an approved home occupation
permit from the Prior Lake City
Council.
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the Plannin9 Commission. For more information, contact the
Prior Lake Plannlng Department at 447-4230.
Prior Lake City Council
April 29, 1991
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
An Equal Opportunity/Affirmative Action Employer
NEIGHBORS NOTIFIED OF TIM CONNORS
HOME OCCUPATION APPEAL TO CITY COUNCIL:
1. Karvonen, Raymond & Edna
14149 Ash circle
2. Krohn, Richard G. & Wife
14179 Ash Circle
3. Gemelke, Robert & Wife
14209 Ash Circle
4. Vizenor, James J. & Wife
14251 Ash Circle
5. Hastings, Darrell V. & Wife
14114 Ash Circle
6. Farrell, Gregory Go & Robert
14128 Ash Circle
7. Hanson, Terrance A. & Wife
14142 Ash Circle
8. Haycraft, Bradley & Wife
14156 Ash Circle
9. Seitz, Lane Ro
14198 Ash Circle
10. Platt, Keith & Bonita
14212 Ash Circle
11. Spieker, James K. & Lynn
14226 Ash Circle
12. Romer, Brad
14170 Ash Circle
130 Komorouski, Robert
14184 Ash Circle
14. Gilder, Kent & Eve
14240 Ash Circle
15. Scheeler, Bob
14254 Ash Circle
March 25, 1991
Prior Lake Planning Commission
City of Prior Lake
4629 Dakota St. S.E.
Prior Lake, MN 55372
Re:Proposed Home Occupation Permit for Tim G.Connors
Dear Planning Commission:
I have been retained by Mro Robert Gemelke of 14209 Ash Circle,
Prior Lake to respond to the above-captioned matter. Mr.
Gemelke's lot abutts the rear of Mro 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 Home Occupation Permit
be accepted and part of it be deniedo He has no objection to Mro
Connors' current operation of kilns in his attached garage, but
objects to Mro Connors' plans for expanding his pottery business
by constructing an additional 826 square foot building on his
propertyo 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 listo Every aspect of Mro 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 .. .o.devoted exclusively to an accessory
use. .. According to the Prior Lake Zoning Ordinance, an accessory
use must be "o.oclearly and customarily incident to the principle
use of a building or premiseso.." on the same propertyo 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 Mro 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 Mro Connors permit
requesting an additional 826 square foot building be denied.
Thank you for your time and cooperation in this matter.
Respectfully,
h~ L-- fi.
)J,rN~
6
Luke A. Gomez
Attorney at Law
License Number 210742
7701 26th Avenue South
Minneapolis, Minnesota 55450
cc: Robert Gemelke
.
.
..
.
.
.
.
PERMITTED USES
B-3 GENERAL BUSINESS
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17
CONDITIONAL USES
Funeral Homes 7. Radio' T.V. Stations
Commercial Recreation 8. Car Wash
Home & Trailer Sales & Display 9. Outdoor Sales
Animal Clinics 10. Theaters & Clinics
Parking Lots 11. Hospitals & Clinics
Recreation Equipment, Sales 12. Research
Service & Repair Laboratories
Motor Fuel Stations 13. Testing Laboratories
Private Club - Health Club 14. Ag. Product Stands
Day Care Facilities (Ord. 84-02) 15. Mini-Storage Units
Automobile Repair Minor(Ord.85-08)
Automobile Repair Major (Ord.84-2 Ord.85-8)
I-l SPECIAL INDUSTRIAL
1. Research Laboratories
2. Testing Laboratories
3. Offices
4. Public Buildings
I-2 LIGHT INDUSTRIAL
1. Light Manufacturin~
2. Research Laboratorles
3. Testing Laboratories
4. Offices
5. Supply Yards
6. Warehousin~
7. Truck Termlnals
8. Public Parking
9. Parking Lots
10. Mini-Storage Units
6.
7.
8.
9.
C-l CONSERVATION
1. Agriculture
2. Single Family Dwellings
3. Camps & Cottages
4. Public Parks & Playgrounds
5. Public & Parochial Schools
1.
2.
3.
4.
5.
15
1.
2.
Light Manufacturing
Public Utility
Buildings
Wholesale Business
3.
1.
2.
Manufacturing
Public Utility
Buildings
Water & Sewer
Treatment Facilities
Airports
Truck & Railroad
Terminals
Grain Elevators
Commercial
Recreation
Animal Clinics
Food Product
Processing
3.
4.
5.
Water & Sewer
Treatment Facilities
Commercial
Recreation
Airports
Cemeteries
Mineral Extractions
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LAW O""'CES
EVIOON & WEISBERG, PoA.
~A"KOALI: 4, .uoTI: 110
113113 OA....Le D"lve
MINNEAPOLIS, MINNESOTA 55418
TILI~1-40NI
C8.11 &48,'&&&
NO"MAN E EVIOON
BU"TON G. WEISeE"G
DAVIO W. KOI1-4.I..
March 30, 1991
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LAkE
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 0 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.
:J" n ,..... ,",
'/' I ('. r:"j.'.(JI.(;
Norman E. Evidon
Attorney at LAw
License No. 27923
NEE: lb
Enclosures
cc: Terry Hanson
d
IP!./?I
~/y
St Cloud, tlinnesota
Ap r i 1 22, 1 9 91
To the Planning Departllent of the City of Prior Lake;
The request for a HOlle Occupation Perait by Till Connors, dated
lIarch 2L 1991. 8.nd the Ordinance, Section 558 of the City Code, City
of Prior Lake, UN, has been revie~ed together with the Staff Analysis
and Recollaendation in the Planning CO.llission Report.
I coapletely agree with the findings and recoaaendations of the
Coamisioners as they correctly reflect the intentions of Ur_ Connors.
They have also been very perceptive in attaching the two conditions
concerning the structures, landscaping and activities which serve to
create Bnd insure the continuance of a neighborhood ~ith the aost
desirable living qualities_
I have known Tia Connors and his faMily for More than ten years,
B.nd I a)l confident. t.hat his knowledge and skills as a potter and his
illterest in pursuing that artistic activity in his hoae environaent
will be cOMpatible. yes. even desirable in the best of neighborhoods.
A./:I3t'lltet' or ./:Ied.rooJ/! coaJaunities are more susceptible to probleJls than
those where residents are able to quietly pursue professional
interests at paces that are under their own control.
In this letter aay I address SOMe issues that Might be raised by
persons unfaMiliar with the nature of a private pottery studio. By
introduction here are my pertinent qualifications: I aM a professor
of art. teaching and working in the areas of calligraphy and ceraMics
for 28 years at St.Cloud State University. I have worked directly
with _any persons who have pursued interest in ceraaics beyond their
student years. The building and operation of safe. efficient kilns
has been IIY specialty. lIany kilns, up to 100 cubic-foot in capacity.
using propane or natural gas. have been built in residential settings
and have unaarred safety records through years of operation.
1. First May I discuss the issue of heat. The kilns that produce
stoneware and porcelain achieve the high-fire teaperatures by not
dissapating heat. Rather, heat is accullulated inside over a period of
4 to 10 hours; even upon reaching the Mature teMperatures for the
pottery inside. the insulating firebrick exterior surface of the kiln
reaains sufficiently cool so it can be touched with bare hands.
2. The total aaount of heat given off froll a large kiln cooling
down from its MaxiMUM teaperature is less than the Btu's eMited froa a
central 8.ir conditioner for a hoae (such as those in Ur. Connor's
neighborhood) through one hot Uinnesaota suaMer day.
), A high-teaperature exhaust flue or chianey ~ill have visible
eaissions not unlike a hoae gas furnace, aostly water vapor and no
different in being virtually odorless. Neighbors will saell a sllall
barbecue grill, but a kiln firing will go unnoticed.
4. Low pressure inspirator burners aake only a gentle V,lJt10~.l:JJ"J)!:l
sound, not as loud as a rooa fan turned on high.
I.J
1..,
5_ Electric kilma have been used unvented in baseaent studios for
years. A small vent hood and fan is recoaaended. but an unvented
electric kiln shares equal billing with not being in the saae rooa
with a person s.oking.
6. Concerning tile sales fro. a private studio. co.aonly referred
to as J.j1J} l1pf'J}iJ}~T$. it would be f air to COMpare it to a ga thering of
invited friends to a dinner party_ COMMunities that allow garage
sales generate Much More disruptive traffic froa totally unknown
custoaers_
7. A private studio producing original ceraaic objects priaarily
related to the preparation and eating of food. typically has a
potter's wheel and a clay supply delivered by one's own vehicle. This
is in contrast to a ceraaic supp.1.r studio filled wi th racks of aolds
and aore shelves filled with the resulting slip-cast ware with a
streaa of other people cOMing to YorK.
8. By the very nature of the a potter's Co..itMent to aaking of
individually foraed objects fro. clay. there is no desire to create an
indu~try or a business eaploying several people; such activity would
take away froa the precious tiae for one's personal output. I know of
no potters in the l1id-west. working in the nature of Mr. Connor's
directions. that eaploys More than one helper for studio tasks; and
Most likely it is a part-tiae student, intent on learning frOM a
skilled craftsperson,
I1r - Connors has always proceeded toward his goals by tl1U{~I]1"Jlg 8.1.1
the. ftasf'$. a.nd thoughtf ully re::lol ving each a.spect. I believe his
request to construct a garage-sized studio in his back yard COMplies
with the letter and spirit of activities appropriate to the lovely
neighborhood. and hope his Hoae Occupation Perait is granted.
Thank you for reviewing this infor&ation presented in support of
Hr. Connor's request.
Si~-Y' , < <-/ / ff:
o,,<.-f (/-l7f'd7~ r.
La rie . Halberg ~
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Minnesota
Ceramic
Suppl~ -
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962 Arcade St. at Case
St. Paul,Mn. 55106
(612)774-7007
City of Prior Lake
4629 Dakota st
Prior Lake MN
Attn: Terry Sandbeck
April 10, 1991
Dear Ms.Sandbeck:
Regarding your request to supply data on testing of air
quality in ceramic shops, and potential pollutants coming
off of kilns.
Attached is a summary of a sutdy done in 1986 in Garland TX,
where that data was collected and reveiewed and their con-
clusions are listed within the report.
I hope you find this helpful. Please keep a copy on file
should the question be asked again. If you need any further
help please feel free to contact me.
Sincerely:
.~cb
President, M.C.S.
t-1C/ dk
Long Distance in Mn.1-800-652-9724
Duncan Products - Ceramichrome Products
,
'.
Cit)' of Garland
Environ~ent.l Health Department
Technical Services Divi.a1on
Ceramic Shop Air Quality Study
April 3, 1986
Authors' David Brock, M.S., R.S.
John Till, MoS., R.S.
0'
CERAMIC SHOP AIR QUALITY StUDY
April 3. 1986
.
Ceramic .hop. otter the public a areat number of different ornaments
and utensil. which are decorated u.!n, an a..ortment 01 undecJlat.t, slaze.,
and overglaze.. The'l decorating compounds, particularly the Ilaze. and
oVlr,llze., often contain lead and other heavy metal. al part ot their p1S-
mant complexe.. L.ad, chromium, cadmium, and other heavy metal. have be.n
documented to impair health if the exposure concentration end duration i.
Ir.at enoush.
. Sinet 1979, thl Garland lnvironmental H.alth Department (GEHD) hat
recosnlzed the potlntial health problems that could involve ~orker. who
rlpeatedly breathe heavy metal contaminant. durinl the firins ot alazed
clramic.. A. a r..ult, GEHD ha. required that ceramic .hop. b. equipped
With adequate ventilation in the kiln are. to remove harmful contaminants
from the workplace (.1 part ot the Certificate ot OccupAncy process) 0
In February, 1986, GEHD initiated an air quality .tudy of cer'Nic
shop. to deter~ine to what extent local ventilaeion would b. ne.ded to
protect thl health of .hop employee.. Two ceramic shops vere eho.en tot
the Itudyo The Mud Hut. located at 1816 South First Street. hat a kiln
roo~ volume of 3620 cubic fto (tt'), but no power exhaust system. Thi.
estab11sh~ent has two elect~ic kilns, but only one kiln 1. fired .t any
one time. Except during inclement weather, receiving doors are usually
kept open when ceramic I are firedo .
Thl Mud Patch, located at 1818 Garland Shopping Center, ha. a kiln
room volume of 948 cubic tt. with a .mall, window-mounted exhaust fan
to hllp remove fumes and odorso The exhault (an volume is approximately
'56 cubic feet/minute (efm). The two electric kilns are .ometimes tirad
s1mult.niously accord!ns to need.
Air sampling .t both establishments was conducted using personal
air .amp11ns pumps provided by the Texas Department of He.lth Region V
OffiCI in Ar11nstono The sampliag pumps were position~d within three
(3) f.et o( the kilns at breathins zone heighto Air .amplins beSAn
prior to the kilns being tu~ed on and continued after t1rln! was
compl.el. Sampling ti~~9 varied trom 4.5 to 6.1S hour.. Sampled air
wa. drawn throush 008' micrometlr filter" ~h.re. the conta~in~nt' vert
collected and later analyzed by Gymnurl Laboratory in Richardson, Tex.I.
The filters were analyzed for lead, cadmiUM, chromium, and ~ilica eon- .
taminent. us ins atomic .b.otpt1on spectrophotometry and colorimetrie
technique..
From the sampling results, .11 air contaMinant concentration. vere
well b.low OSHA permissible exposure limits (P!L) (see Table 1). S.mples
taken from the Mud Hut on 2/7/86 were generally higher in concentration
than those sampl.. taken on 2/18/86. A total ot '2 piecel 01 areen and
Blazed ware was fired on the tirst sampling at which time the back re-
ceiving doors were kept closed. On 2/18/86, the Mud Hut fired onl~ 39
mixed pilei. and the back reeeiving doors were kept open. Both the
number ot pile.. being fired .nd the rate ot air exchans. (althoush
not mechanical ventilaeion) .eemed to influence the concentration of
contaminants relultins from the tiring of the.1 ceramic..
On ,2/12/86, 1.~pl1ng at the Mud Patch occurred durinc the firin,
of both 51azed and over-al.zed 1te~. while the exhaust fan va. turned
olf. Addiclonal .ampl1ns occu~r.d on 2/1'. 2/2', and 2/26. With the
exception of chromium concentrationa. the data ahow no al.nlt1cant
coneentracion difference. resardle.. ot whether mechanical ventil.tlon
wa. u.ed. Thi. .ay be due to- the ..all volume of air Chat ia actually
~ov.d by the exhlu.t tan. Th. h1aher chromium values from the 2/13/36
..~pl1nl ..y b. due'to h1ah chromium concentration' in the over-alazins
material. S11ica concentration. v.ried trom +4-19' m1erosram. per cubic
mlcer, far below the PEL of 80 milligram. plr cubic meter.
Underglazel and glazes used and sold ae the Mud Hut and the Mud
Patch are generally obtained from Atrican. (8.tavia, OH), Duncan (Fre.no,
CA) and Mayco (Chatsworth, CA) ceramic supply companies. The majorLty
of ltems tired are decorated with clear 81&%.., where Duncan GL 611
ultracl.ar and Atricans clear 81aze are the br~nds priMarily used at the
Mud Hut and Mud Patch, respectively. Both clear glat.. contain lead,
but are labeled 'tood safe'. Overslazes, givin, eera~ie iteMS . ~et.llie
sheen, usually concain precious or heavy metals suspended in an orlenie
solvenc chat ~ay contain isopropanol, methyl ethyl ketone, toluene,
xylene, and/or terpanes, The ors.nic solvent portion of overslaze. i.
,flammabLe and irritating, and aood ventilation L. needed durins application.
Con~lu.ionl
This area sampling survey was s~all in scope. covering only two
ceramic shops and involving only six days of samplingo Some conclusion.
can be drawn regard1ns emissions of toxic pollutants fro= ceramic kilns,
as long as the small .ample size is taken into aecovnt. Concentrations
of lead, cadmium, and chromium in breathirig zone air near the kilns were
well below OSHA permissible exposure limits (FEL',). Only one .ample
(Mud Hut, 2/7/86) revealed a heavy metal concentration in excedS of 10%
of its PEL, when lead was present at a ti~e-weighted aver_s, GonGentration
of 16.9 micrograms ~r ~ic metero Natural ventilation at the Mud Hut,
c~e.ted by leaving the rear receiving doors open during firing. seemed to
Significantly reduce pollutant concentrations. The small, window-~ounted
exhau.t fan used at the Mud Hut seems to have no i~pact on pollutant con-
centrations. Thia may be due to the fan's s~all volume (.pprox. 500 elM)
or to the tact thlt .i~pl. dilution ventilation i. ineff.ct~ve in removina
metal particulates and fumes.
The ires sampling revealed very low, non-ha~ardous concentrations
ot heavy mecals and silica du~1n8 all firings. Additionally, ceramic
shop employees' actual exposure would be expecttd to be mueh lower,
lince most ot the employee.' time 1. spent in the separate retail ar.a
of the .tore, lenetally separated by on. or more walls from the kiln room.
Based on the results of this survey. the GEHD will cease requirins
all new or change-of-ownership ceramic shops to in.ta11 approved local
or-seneral ventilacion 1n kiln rooms. Instead, ~e will recommend such
Ycnt11atlon 1n 811 cases and require ventilation only in proposed kiln
rooms with very small .1r volumes .nd no natural ventilation.
Persons who are active 1n the art oE ceramic. (includins caramie
.hop e.ployees, cuatomers, and those working with ceramics at ho~.) may
not be at .ianifieant risk of exposure to toxic heavy metal. throu~h
br,.thina fume. produced by,kiln.. Hovever, the rema1ning exposure
pathway. (lnlestion and .kin abeorptlon)may be .~e.. ot concern. All
per.on. vho work with undetgllzts, II.E.., and overglazl' should use
car. and load personal hyaiene to minimize the chane.. ol le.d, eadmium,
chromLum. and other ~etal1 being inS'lted or ablorbed through the skin.
~
.
4
.~
Hechanrcal Desc r i pt Ion Poll~tant (oncentratlon (JIg/a) ) .
.
CERM' C SfU)p Date Sa.pled Ventjlation of load Pb Cd Cr ~ It I C~
LEAD CADMIUM CHROMIUM
HUD HUT 2nl86 NON E - "IXED 16.9 H.D.+ , .21 68. ,
Receiving Doo rs
Closed
HUD HUT 2/18/86 NGNE - HI XED 02] .2] 11.0.+ 39.6
I\ccei vi n9 Doors
Ope. .
HUO PATCH 2/12/86 OfF Glaze ~ . 2 9" . 2 ,,, .7'S 23.5
Overglaze
.
HUD PATCH 2/19/86 OFF All Glaze -- -- -- 161 .
.
HUD PATCH 2/25/86 ON All GI.ze . J le2 3.08 NoD.... 51.8 .
. . .
HUD PATCH 2/26/86 ON All blaze .316 \ .27 .158 1'5
.
-
005."..\.
. Allowab 1 e
LI ,..( u SO 100* 1000* 80 .yal
+ - H.D. - not detected
TABLE I. AREA SAMPLING DATA fRO" STUDY OF RETAil C[RNoUC ICILN ROOMS
*' - "S-hour 1\lA
st Cloud, Mlnnesot a
April 22, 1~1
To the Planning Department of the City of Prior Lake;
The request for a Home Occupation Permit by Tim
Connors, dated March 21,1'}'}1, and the Ordinance. Section
558 of the City Code, City of Prior Lake, MN. has been
revi ewed together wi th the St aff Analysis and
Recommendation in the Planning Commission Reporto
I complet.ely agree wit.h t.he findings and
recommendat ions of the Commissioners as they correctly
reflect the intentions of Mr. Conn ors 0 They have also
been very perceptive in att.aching t.he two condit.ions
concerning the structures. landscaping and activities
which serve to creat.e and insure the continuance of a
neighborhood wit.h the most desirable living qualit.ieso
] have known Tim Connors and his family for more
than ten years. and I am confident that 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 the best of
neighborhoodso Abse,lltee or bedrDCWJ communities are more
susceptible to problems than those where residents are
able to quietly pursue professional int.erests at paces
t.hat are under t.heir own control.
]n this letter may I address some issues that might.
b~ raised by persons unfamiliar with t.he nature of a
privat.e pottery st.udioo By introduction here are my
pertinent. qualifications: I am a professor of art,
t.eaching and working in the areas of calligraphy and
ceramics for 28 years at. StoCloud State Universit.yo I
have worked directly wi t.h many persons who have pursued
int.erest in ceramics beyond their student. yearso The
building and operat.ion of safe, efficient. kilns has been
my specialtyo Many kilns. up t.o 10B cubic-foot. in
capacity. using propane or nat.ural gas, have been built
in resident.ial set.tings and have unmarred safet.y records
t.hrough years of operationo
10 First may I discuss t.he issue of heat. 0 The kilns
t.hat produce stoneware and porcelain achieve the high-
fire temperat.ures by not. dissipating heato Rather, heat.
is accumulat.ed inside over a period of 4 t.o 10 hours; even
upon reaching t.he mature temperatures for the pottery
inside. the insulating firebrick exterior surface of the
kiln remains sufficient.ly cool so it. can be touched urith
bare handso
20 The total amount of heat given off from a large
kiln cooling down from its maximum temperature is less
than the 8tu's emitted from a central air conditioner
for a home (such as those in Mro Connor's neighborhood)
through one hot Minnesota Sl.unmer da.yo
30 A high-temperature eKhaust flue or chimney will
have visible emissions not unlike a home gas furnace,
mostly water vapor and no different in being virtually
odorlesso Neighbors will smell a small barbecue grill. but
a kiln firing will go unnoticed.o
40 Low pressure inspirator burners make only a gentle
whoosl:1.lng sound, not as loud as a room fan turned. on
higho
50 Electric kilns have been used unvented in basement
studios for years. A small vent hood and f"an is
recommended, but an unvented electric kiln shares equal
hi I I ing wi th not being in the same r;-oom wi th a person
smokingo
&0 Concerning the sales f"rom a private studio,
commonly ref"erred. to as 1..111] ope.nillgs, it would be fair to
compare it to a gathering ot invited friends to a dinner
part Yo Communities that allow garage sales generate
much more disruptive traffic from totally unknown
customerso
70 A private studio producing original ceramic object.s
primarily related to the preparation and eat.ing of food,
t.ypically has a pot.t.er's wheel and a clay supply delivered
by one's own vehicle. This is in contrast. t.o a ceramic
supplt-r st. udi 0 filled wi t.h racks of molds and more shelves
filled wit.h the result.ing slip-cast. ware with a st.ream of"
ot.her people coming to work.
80 By the very nat.ure of" the a pot.ter~s commit.ment
t.o making of individually f"ormed objects from clay. t.here
is no desire t.o create an indust.ry or a business employing
several people; such act.ivity would t.ake away from the
precious t.ime for one~s personal out.put.o I know of no
pot.ters in t.he Mid-west~ working in the nat.ure Df" Mro
Connor~s direct.iDns~ t.hat ,employs more than one helper
for st.udiD t.asks; and most. likely it. is a part-time
st.udent~ intent on learning from a skilled. craf"t.spersono
Mro Connors has always proceeded t.oward his goals by
touching all tJ~e base.sl and thoughtfully resolving each
aspect.. I believe his request. t.o const.ruct. a garage-sized
st. udi 0 in his back yard campI ies wi t.h the let. t. er and
spirit. of activit.ies appropriat.e t.o t.he lovely
neighborhood~ and hope his Hame Occupation Permit. is
gran t. edo
Thank you for reviewing t.his informat.ion present.ed
in support. of Mro Connor~s request. 0
Si~~ely,. ,,7S.Lm..
L~~