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HomeMy WebLinkAboutPCAgenda_92Jul27 i• PLANNING. COMMISSION AGENDA July 27, 1992 7:30 p.m. A. CALL TO ORDER B. ROLL CALL: Lee Barry Len Boche Ed Finegan Marie Furton Steve Huso Carolyn Nestingen Ken Salzberg C. APPROVAL OF MINUTES D. CITY COUNCIL MINUTES E. REPORTS, REQUESTS, RECOMMENDATIONS 1. Request for a conditional use permit for the operation of a ceramics class as a home occupation at 1484 California Avenue in an R-1 zone F. ADJOURN r, J • MINUTES SPECIAL PLANNING COMMISSION MEETING July 8, 1992 6 p.m. PRESENT: ABSENT: ALSO PRESENT: Lee Barry Ed Finegan Susan Hoyt, Administrator Len Boche acting as Planner Marie Furton Paul Ciernia, Councilmember Steve Huso (arrived at 6:30) Bill Westerberg, City Carolyn Nestingen Engineer Ken Salzberg Tim Malloy, Planner with Dahlgren,Shardlow Meeting was called to order at 6 p.m. by Lee Barry, chair. Minutes of the June 22, 1992 were approved as written. APPROVAL OF THE FINAL PUD FOR ROTTLUND HOMES DEVELOPMENT MAPLE KNOLLS Chairman Barry asked the city engineer to review the status of • the project. Bill Westerberg reviewed his letter dated 7/8/92 regarding the plans prepared by Pioneer Engineering for the Rottlund Homes Maple Knolls Development. He said that the project was. complete except for the submission of drainage calculations and a change in the grading plan to note the change in the increase in the pond at .the north end of the site. Westerberg also said Falcon Heights and Rottlund Homes negotiated for a deposit of $10,000 for the construction of the utilities and 100 percent of the cost of landscaping (includes sod, seeding and mulching). Salzberg moved to approve the final PUD for Rottlund Homes Maple Knolls Countyard. Seconded by Furton and unanimously approved. Commissioner Boche moved to change the name from Maple Knolls to a name relating more to the street accessing it, such as Prior Place, Prior Court, Prior Heights, etc. The motion failed for lack of a second. REOUEST FOR A VARIANCE IN THE NUMBER OF SIGNS AT 1691 NORTH SNELLING AMOCO requested a variance signs on two new canopies renovation project. AMOCO square footage of allowed staff found the request wa in the city sign code to accommodate that are planned as part of an overall originally requested a variance in the sign area. However, after review, s necessary for the number of signs, not the square footage of sign area. (The signs on the original . canopies constructed in 1976 did not have variances.) §9-13.02 Subd.3(b) permits one sign per lot frontage. In addition, §9-13.03 Subd.7 permits one pylon sign for fuel stations. Because it is a corner lot, AMOCO would be permitted three signs within the code. The proposed signs require a variance to allow six signs instead of three. Because each canopy is considered a sign making the total number of signs six. This includes three signs on the existing building, two canopies and the pylon sign. AMOCO representatives explained that there would be signs on two sides rather than on three sides of each canopy to reduce sign clutter. The proposed sign area is 220 sq. ft. which is down from the present 360 sq. ft. Tim Malloy, consulting planner, updated the commission on a meeting with AMOCO representatives and summarized the variance request. An overhead showing the existing and proposed site plans was discussed. The existing pylon sign will be replaced with a smaller version placed further back from the property line to significantly improve visibility at this intersection. Mr. Warner, from Warners' Stellian, asked if the new pylon sign would remain at the current angle. Mr Schroeder from AMOCO said it would. There being no further questions, Huso moved to approve the variance on signs as described to reduce the current sign clutter at this intersection. Seconded by Boche and unanimously approved. Meeting adjourned at 7:10. Susan Hoyt, Administrator Dee Swenson, Recording Secretary • Meeting Date: 7/27/92 Agenda Item 1 ITEM DESCRIPTION: Request for a conditional use permit for the operation of a ceramics class as a home occupation at 1484 California Avenue in an R- 1 zone SUBMITTED BY: Ms. Maureen Blustein, property owner REVIEWED BY: Susan Hoyt, City Administrator acting as planner EXPLANATION/DESCRIPTION: Ms. Blustein is requesting a conditional use permit to operate a home occupation. The C.U.P. is required because one part of the home occupation does not meet condition 9-14.02[25](d)(4) of the zoning code governing these uses. Under these circumstances, the code allows for a C.U.P. The C.U.P. is requested to operate a ceramics class with ten students three evenings a week during nine months of the year. The proposal requires parking for a maximum of ten cars for the class participants. The property owner and the property owner of the Northome Shopping Center arranged for a lease for these ten • spaces during these months. See the staff report for more discussion, analysis and recommendation. ATTACHMENTS: A - Staff report on request B - §9-14.01[25] related to Home Occupations C - Request from Ms. Blustein, property owner D - Lease agreement with Northome E - Petition of understanding from class members F - Site Plans G -Inspection Report H - Conditions for approving a conditional use permit (NOTE: 9-15.04[4] action) ACTION REQUESTED: . Discuss and approve the request for a C.U.P. for a home occupation at 1484 West California with the recommended conditions. • 1-A 20 July 1992 MEMO TO: Planning Commission FROM: Susan Hoyt, City Administrator acting as planner RE: Staff report a request for a conditional use permit for a home occupation at 1484 West California Avenue in an R-1 zone Background A conditional use permit goes with the property not the person. It may be revoked by the city if the conditions are not met. The property owner, Ms. Maureen Blustein, is requesting a conditional use permit (C.U.P.) to operate a ceramics class three evenings per week from 6:00 PM to 9:00 PM in the basement of her • single family home on California Avenue. A C.U.P. is necessary for this activity because the proposed home occupation does not meet all the requirements of a home occupation, specifically §9-14.02{25}[a](4) which requires that no more than normal parking be associated with the home occupation. Ms. Blustein's home business may result in a maximum of ten cars beyond what is associated with her family. This exceeds what is "normal" and, therefore a C.U.P. is required under §9-4.01[2](j) of the code. All other aspects of the request meet the requirements of the home occupation as to hours of operation, outdoor storage and traffic. Proposal The hours of operation, associated traffic and storage requirements are met by the proposal. The fire marshal and electrical inspector inspected the dwelling and kiln, which is in the basement, and approved the facilities with the requirement that some sheet rock be added for a fire wall prior to starting the class. Ms. Blustein plans to accommodate the extra parking associated with the ceramics class by providing ten spaces in the Northome parking lot to the west of the home (see map). The two property owners have already negotiated a lease for ten spaces for the nine months of the year that the business will be in operation. . A copy of the lease is part of the proposal. ~r,,:. , Page 2 July 20, 1992 Findings The request for a C.U.P. for the home occupation will impact the neighborhood only as the class participants arrive and leave the property. The location of the off-street parking will minimize any additional traffic on California because class participants can access it directly from Arona off Larpenteur. Therefore, no additional traffic needs to go on California. The walking of ten class participants to and from the home three evenings a week should not present a disruption to the neighborhood. And, if there was not the requirement of the additional parking for the proposal, no conditional use permit would be required. Staff received two telephone calls in response to the notices sent to property owners within 350 feet of 1484 West California Street. One property owner lives on California and wanted reassurance that the parking associated with this use would be in the Northome lot. Once she was reassured of this plan, she had no complaints about the proposal. The second caller asked if the applicant paid for the postage associated with the mailing to property owners. Staff explained a $165 fee is part of the application. • Recommendation Staff recommends the approval of the C.U.P. for a ceramics class in the basement of 1484 West California Street with the minimum following conditions. These conditions are included in the applicant's proposal. 1. The home occupation must meet all requirements of §9-14.01 Subd. 25 with the exception of {25}[d](4). 2. Hours of operation be limited to three evenings a week from 6:00 PM to 9:00 PM. 3. Number of participants be limited to ten persons. 4. Deliveries be restricted to routine deliveries typical of any non-business residence in an R-1 zone. 5. Annual renewal of the ten space parking lease with the property owner of Northome. 6. Class participants be required to park in the parking lot and to access the parking area from the north on Arona Street. • Page 3 • July 20, 1992 7. The facilities meet the fire marshal's, electrical inspectors and building official's codes. The fire marshal annually inspects the business with the renewal of the home occupation license. 8. No sales of class ceramics products to outside parties be conducted on the premises. In other words, no on- going craft shop or sales. (The property owner may have garage and craft sales as defined in the zoning code.) 8. Any hazardous wastes such as paints and glazes be disposed of according the approved practice as recommended by the fire marshal. • • Subdivision 25. Home Occupations. a. Purpose. The purpose of this subdivision is to define and regulate home occupations so as to permit only those home occupations that are compatible with other permitted uses and with the residential character of neighborhoods. An additional purpose of this section is to protect. health, safety, and general welfare of the surrounding neighborhood. No home occupation shall be permitted which does not conform with the definition, procedures and requirements which follow in this subdivision. b. Definition. A home occupation is a gainful occupation carried on in a dwelling unit, and not in any accessory building, within a residential district. The occupation shall clearly be secondary to the use of the dwelling for residential purposes, and shall not change its character. c. Procedures. No person shall conduct a home occupation without first having obtained a license from the Zoning Administration and the approval of the Council. Applications for licenses, accompanied by the appropriate fee, shall state facts that constitute the basis for compliance with the requirements set forth in provision (d). If the Zoning Administrator denies an application for a home occupation license for failure to comply with the requirements set forth in provision (d), an applicant may apply for a conditional use permit, the consideration and disposition of which shall be in accordance with Falcon Heights code Section 9-15.04. d.. Requirements. The following requirements .shall apply to home occupations within the City of Falcon Heights. 1. No home occupations shall be permitted which, in the opinion of the Zoning Administrator, may be detrimental to adjacent or nearby residential amenities; 2. No home occupation shall be permitted which, in the opinion of the City Fire Chief, may increase the risk of fire or use of rescue squads at a greater level than would normally be expected in a residential district. 3. Exterior storage shall not be permitted. 4. Adequate off-street parking space for the home occupation must be available as approved by the • Zoning Administrator, however, no home occupation shall be granted that creates the need for more than two (2) parking spaces in addition to those already used by the occupants of the dwelling. 5. No accessory uses in conjunction with a home • occupation shall be permitted. 6. No home occupation shall be permitted within an accessory building (as defined in this .Chapter). 7. No signs other than those normally utilized in a residential district shall be permitted. 8. No over-the-counter retail or wholesale sales shall be permitted; 9. Entrance to the home occupation shall be gained from within the structure with no separate exterior entrance; 10. No stock in trade shall be stored on the premises; 11. Only occupants of the dwelling unit may engage in the home occupation; 12. No traffic shall be generated by a home occupation in greater volume than would normally be expected in a residential district; 13. No home occupation shall be permitted which requires the use of commercial vehicle more often than would normally be expected in a residential district. For the purpose of this subdivision, commercial vehicle shall be defined as a non-passenger vehicle (as passenger vehicle is defined in Falcon Heights Ordinance Section 9-4.01, Subd. 5d. 14. No home occupation shall produce light glare, noise, odor or vibration that has an objectionable affect on a nearby property; 15. No equipment shall be used in a home occupation that creates electrical interference to surrounding property owners' radio or television signals; 16. No home occupation shall be conducted between the hours of 9:00 p.m. and 9:00ma'and 1OW00kaams, or between the hours of 6:00 p. on weekends and holidays; 17. No home occupation shall cause an increase in sewer or water usage that exceeds the normal range . for residents in the City. e. . June 1, 1992 City of Falcon Heights 2077 West Carpenter Ave. Falcon Heights, MN 55113 Dear Sir: I would like to apply for a Conditional Use Permit to operate a home business. A previous request to open ceramics classes in my home was turned down. The reason given was a lack of adequate parking. To comply with the City of Falcon Heights' regulations, I have made arrangements to lease 10 parking spots at North Home Shopping Center, located 1/2 block from my home. Prospective students have signed the attached .agreement to comply with the city parking regulations. Parking will be strictly monitored to comply with code. My plan is to open ceramics classes beginning September 8, 1992 and running through May 1993. Classes would be held three evenings per week; specifically, Tuesdays, Wednesdays and • Thursdays from 6:OOpm to 9:OOpm. The business would be closed for the summer. The beginning date is deliberately delayed until after the Minnesota State Fair closes, as fair. goers park in the North Home Shopping Center and also line California Avenue, making it impossible for students to find parking. Space is limited in my home, so a maximum of ZO students per evening would attend classes. The kiln operation will not be done during the classes. It is not my intention to operate a large scale business in my home. Rather, it is my intention to operate a parttime business to enable me to be home to raise my family. Enclosed are maps showing the layout of my home and where classes will be held. Also enclosed is a map showing the location of my home in relation to the shopping center parking lot. Sincerely, Maureen M. Blustein 1484 West California Ave. Falcon Heights, MN 55108 Phone: 656-8914 - _. _ - , fafa,~~,(~u'a.1e~f~~ c~dl~cfu'LPclct?I ~a ~ ^' ,~~lc~lc~l~•.tP1sf's~'c:^r~~~^eTc~tc~fdt~clr~lu^cTi~lcf~~Ek~1c~lEPet~ `~, Fonn 5T~2 STATE OF MINNESOTA -DEPARTMENT OF REVENUE r,, IRev. 7I7Q1 ~ ~~~-~~=`~H A~~cS A~1~ USE TAX PERMIT _ S J1, .' ATION! 1 DISPLAY CONSPICUOUSLY AT THIS LOC BLUS7EIN MAUREEN G SG07T W BLUSTEIN MAUREEN ~ SCOTT 1550887 zo TAX ACCOUNT NO. "v << "° BLUSTYS BLUSTYS ZJ ZJ 1484 i~ CALIFORNIA AVE 02/11/92 m< 1484 N CALIFORNIA AYE ST PAUL MN 55108 ST PAUL MN 55108 DATE ISSUED ~ THIS PERMIT IS .ISSUED PURSUANT TO AUTHORITY CONTAINED IN MINNESOTA STATUTES 297A.06 AND IS VALID UNTIL REVOKED OR CANCELLED. IT IS NOT TRANSFERABLE AND IS VALID ONLY FOR THE PERSON IN WHOSE NAME IT IS ISSUED AND FOR THE TRANSACTION OF BUSINESS AT THE PLACE DCOMMISSIONER OF REVENUE .~ ,, ~. ~~ V, • NORTHOME SHOPPING CINTER 4931 Green Farms Road Minneapolis, MN. 55436 June 5, 1992 Maureen Bluestein 1484 West California .Ave. St. Paul, MN. S 5 I08 Dear Ms. Bluestein, I have conferred with my partners regarding your request to rent ten parking spots at Northome Shopping Center. We have arrived at the following conclusion: Please be advised that we offer to rent to you the use of ten (10) parking spaces in the rear parking lot at Northome Shoping Center, located at Snelling and Larpentuer for the period of one year, and renewable by both parties at their discretion. The cost will be ten dollars, ($10.00) per month per space, or a total of $100.00 per month, payable monthly in advance to Northome Shopping Center beginning with September 1992, (after the conclusion of the Minnesota State Fair), thru May 1993. In accordance with the information you have provided, use of the parking spaces would approximate the hours of 6:00 PM to 9:00 PM. In that our concern is having the parking areas clear in the event of snowfall requiring • plowing, the spaces must be cleared shortly after conclusion of the class, at 9:00 PM. Upon receipt of a signed agreement, we will issue authorization cards which will be required to be clearly displayed on the vehicle dashboard, in that we have authorized a towing company to clear the lot of any unauthorized parking. If you agree with this proposal, please sign one copy of this agreement and return it to us. Please be advised that Jemjahs III Partnership, Northome Shopping Center, or the individual parniers assume absolutely no responsibility for the care or insurance coverage for any vehicle parked in our lot. Nor will we be responsible for any damages to vehicles, property or persons, or any towing charges, if incurred. If you have any questions, please call at 93 8-8701. Sincerely, es W. Ladner f r Jemjahs III Partnership rthome Shopping Center I/We accept the terms and conditions as expressed above. • Date c• • • In the event that the City of Falcon Heights grants a conditional use permit to open Blustys' Ceramics, located 1484 W California Avenue and I become a student, I agree to park in the Arona Street side of the North Home Shopping Center .Parking Lot when 2 cars occupy the driveway at Blustys'. I understand it is illegal to park more than 2 cars either on the street or in the driveway combined . ~.~~ ~~,L %~I~G~D~ ~. n cl~.~. ~~~e~,.~ ~~ ~~~~~u \i c ~ ~_ ~~ ADDRESS PHONE ~4aS .~ C~' wn~ seFLC ~~ m.v ~~i0 yal~ -~~ri~ (v!o(v ~ .ort~ti. Rve- ~ SSt.. Pte, rnN sstd~ ~~~-~959 ~~ y Sa6 `776-3©~ ~~~~~ rv~~ ~~o- ~~ ~ ~ /a~a ~L-te ~~~ Sao? 1 YQ3~ f~ ~~ ~~u ~1 ~ j.~~. ~ . `mot "rya ~.~, r~' i~:~ ~,<,l i ~i ~, `7~ 1- ~L_l0~ /~~ ~_ ~ 6 ~• hr 1 y~ f 5 LRRP£N T£R NaRTM ttomr SwoPPiN(r CENT£11 ,~ u,~ Rai ~° BNC~c w Y ~ `,~4'1 t'~-Rk,~nG. ~r ~, Lk~v~~rAy I ~aowa (- P~SCIkL E~wlr //~~'~ 1~1 Cf}'Li~,r N.ia ~dENV~ ~5 S HOvYFs ~aorn /1l~RTH lromc - SN~PP/ivG C~~v; ~~z PR-Rk~NG- L~ ; 1 ysy tJ Cr~L~ ~oprv,~~ ,~vF~~ *THE ,yQrrlr is ~ Spl1T LE</cL ~- i i ' --~ ~jVD1CA7-£S ~,~ FLIGftT $~~~ - ' ~r June "23,1992 City of Falcon Heights 2077 West Larpenteur Falcon Heights,MN 55113 Dear Sir, On Tuesday, June 2, 1992, Fire Marshal,Terry Iverson inspected 1484 W California AV - the requested site for Blustys' Ceramic Classes. It is my intention to implement the changes deemed necessary to operate safely. Mr. Iverson informed me that a fire door with automatic closure is required between the garage and the entry into the home. This will be replaced. I will be installing a battery operated smoke detector at the bottom of the stairway- near the kiln room. A fire extinguisher will be installed in the kiln room2a-lObc as Terry Iverson specified by telephone- after the inspection form • was completed. Bob Clauson State of Minnesota electrical inspector, has checked the outlet installed to operate the kiln and has approved the wiring upon reinspection -completed June 16. I have enclosed a copy of the receipt for the first inspection. _.Mr. Clauson informed me on June 16th, that the State of Minnesota did not provide a document to prove to the City of Falcon Heights that the electrical outlet has passed inspection. He suggested the city contact the State office if any questions arise. If you have any further questions or concerns, please feel free to call and discuss them. Sincerely ,. Maureen M Blustein • ./ 1 ~~. ~.~~ ~f~fr~~ ~`''~ffrspec~i~~ ~Repart City of Falcon Heights Fire Prevention Bureau • 2077 W.1-arPen~ur Aveiue • Falcon Heights, Minnesota 55113 • (6~2) 644-5050 Property Adtlress Pnone/ _ Dare f ,.ti ~, -} Tim ~ ~ ~ n j / f ~ ~ / / iii ..i i (l "f~ ^ ~ ~!~ I'r ~~^ Gorresponoence To nd~nglProperty Name / f ~ Cons. T e ~ Gonst. Year No. of Stones Sq. Ft. Floor No. of Occ~ancies rnscec. Type Occupancy Ciass f YP i j ~ ~ ~,. r ~` ~ ~r ~r ~ - State Zip Address Crty Owner Name ~/ f ~ ir~ ~~ t A rCO r'1! ~J P.'~'C~ .i+/ 1 ^'~ 7S I^if + ! ~C` ~ V-Does Not Meet Requirements NV-Appears To Meet Requirements NA-Not Applicable (See Additional Instructions On Back) V N V NA 1. Exterior ^ ^i ^ a. Fire Lanes marked/unobstructed ^ ^ ^ b. Address visible ^ r,_,)"+ ^ c. Fire hydrant(s) accessible ^ Q ^ d. Combustible accumulation(s) acceptable ^ ^ Q e. F. D. lock box present ^ ^ [~ f. F. D. connections visible/good ' condition 2. Exit Features ^ ^ ^ a. Adequate number of exits ^ [~ ^ b. Exits. aisles and corridors free of obstructions ^ ^ ^ c. Exits openable from inside ^ ^ d. Exit hardware present and operational ^ ^ e. Exit signs present ^ ^ ^ f. Exit illumination adequate ^ ©^ g. Emergency lighting present and operational ^ ^ ^ h. Occupant load posted and maintained ^ ©~^ i. Interior finish acceptable ^t.^ ^ j. Stairway ID present 3. Construction Features ^ ^ ^ a. Fire separations present and maintained ^ [] ^ b. Openings in fire walls sealed ^ ^ ^ c. Rated fire doors present and ~t~ operational (closing/latching) ^ table v N v NA 4. Stora e ^ [~ ^ c. No combustible storage in I I. unprotected attics ^ ®°^ d. No combustilble storage under unprotected stairways ^ ^ ~ e. Storage maintained 2' below ceiling (unsprinklered) ^ ^ © f. Storage maintained 18" below sprinkler heads ^ ^ q g. Aisles maintained - 44" min. ^ ^ `~ h. Rubbish, oily rags, waste material properly stored 5. Flammable/Comb. Liquids ^ [] ^ a. Proper quantities ^ ~ ^ b. Proper storage/dispensing ^ Q] ^ c. No sources of ignition ^ ~ d. Adequate ventilation ^ ^ e. Proper electrical equipment 6. Utility Mechanical. NVAC ^ ^ ^ a. Relief valve present on boilers and water heaters ^ ^ ^ b. Shut off valve present on gas i appliances ^ ©^ c. Approved piping/connectors 4 and appliances used ^ ~ ^ d. Proper venting present and in good condition ^ [~ ^ e. Combustion air supply present ^ ~ ^ f. Adequate clearances between f ; combustibles and appliances ^ ~ ^ g. Clean ducts and filters ^ ^ d. Vertical openings accep 7. Fire Extinguishers !'~:C1 4. Storage [r] ^ ^ a. Readily accessible ° ~ ~ ; ^ ^ ^ a. Storage neat and orderly [~] ^ ^ b. Proper number and ty`pe~i?£ r ^ ~^ b. No combustible storage in ({""~ ~ ^ c. Suitable location boilerr or mechanical rooms '~„1/- ~S } ~, ` 7~~ r t ; ~ t" ,-^ ^ d. Properly serviced/rrfaintained ` ~ p ~ i~ c , '~: at f J b ~?~ t V N V NA 8. Sprinkler Systems ^ ^ ^ a. Adequate coverage ^ ^ ~ b. Controls readily accessible ^ ^ ^ c. Valves locked open or supervised ^ ^ ~ d. Properly serviced ^ ^ ~ e. Heads in good condition ^ ^~' f. Wrench/spare heads present 9. Fire Alarm Eauioment ^ ^ ^ a. Detectors (smoke. heat) properly E ~ installed ll d ^ ^ e b. Pull stations properly insta ^ ^ [~ c. Detectors needed ^ ^ ~].~d. Properly servicedimaintained ^ ^ ~ e. Tests/drills conducted 10. Other Fire Protection Eauio. ^ ^ ^ a. Standpipes needed ^ ^ ^ b. Standpipe hose in good cond. ^ ^ ^ c. Adequate coverage ^ ^ ~ f d. Hood system-fuel shutoff prP~~,' . ^ ^ ~` e. Properly servicedrmainta~nec 11. Electrical ^ ^ ^ a. Appliances,'fixtures in good condition ^ ^ ^ b. Overcurrent protection present ^ ^ ^ c. Proper wiring/connections ^ ^ ^ d. Extension cords not used in place of fixed wiring ^ ^ ^ e. Proper use of wiring and equip. ^ ^ ^ f. 30" clear access to panels provided ~ {~~rr 12. Miscellaneous ^ [t] ^ a. Proper storage of compressed ~e -~ ~'~f9nte~rio~d c at'ions acceptable . ~ t ~ l or flame retardant ~i '',~,61~ c. No smoking provisions enforced Comments: ~ ' ~ '~ ~^~ 41 p ; ~ Div c 1 ~? ~- r~. _, i,->;., n ~e ~'' -~ ~- ~ ~ -#- .3.. t ~ ~! . r S t ~! 1~ .~_! ! hZ^r. i t `~ j T_ Re-Inspect Date Inspector-E,re Pre Y ~ n G--'~--`'^ r Bureau ' . ,/ ' L .. / ~S~ C1 1'~ K'r r G+~J ~/ i ~1 __ jn (_ ~q•/f Properly OwnerlRepreseniative , ~Fi ~Q CSC' i ' r: • PLANNING & DEVELOPMENT 9-15.03/15.04 ~-,~~y Subdivision 5. Conditions. The City may attach such conditions to the grant of the variance as it shall determine will be necessary or desirable to bring it within the purpose and intent of the Chapter. A public record shall be maintained of such conditions. Subdivision 6. Procedures a. All applications for variances shall be referred to the Planning Commission for study and recommendation to the City Council. b. Within sixty (60) days, the Planning Commission shall forward its recommendations to the City Council; if no recommendation is transmitted within sixty (60) days after referral of the application for variance to the Planning Commission, the City Council may take action without further awaiting such recommendation. c. Variances are granted or denied by motion of the City Council. ~.~9-15.04. Conditional Use Permits Subdivision 1. Purpose and Public Policy. Conditional uses are those uses authorized by this Chapter which require special planning consideration due to traffic circulation and access needs or impacts, operational characteristics, proximity to other similar uses, impact on neighboring property, etc., and which therefore need special conditions imposed to establish or control these factors in order to protect the public health, safety and welfare and to assure compliance and harmony with the Comprehensive Plan of the City. In the enactment of this Chapter, the City recognizes that there are certain uses which, because of their characteristics, limited number, or unique character, cannot be classified into any particular district or districts without providing for such districts extensive regulatory provisions herein. It is also recognized that there may be uses that are not provided for in this Chapter. Certain uses, while generally not suitable in a particular zoning district, may, under some circumstances and conditions be suitable. A conditional use permit shall apply to the use and land and not to a particular person or firm; any change in land ownership, • lease, rental, occupancy or similar change shall not affect the permit or its conditions except as may be specifically authorized and required by the City. 121 PLANNING & DEVELOPMENT 9-15.04 a. Situations for Issuing: Conditional Use Permits may be issued for any of the following: (1) Any of the uses or purposes for which such permits are required or permitted by the provisions of this Chapter. (2) Public utility or public service uses or public buildings in any district when found to be necessary for the public health, safety, convenience or welfare. (3) To classify as a conforming use any non-conforming institutional use existing in any district at the time of the establishment of such district. (4) To permit the location o uses in a district from which provisions of this Ordinance: center, church, hospital, any educational, philanthropic or cemetery or mausoleum. E any of the .following they are excluded by the library, community institution of an charitable nature, Subdivision 2. Application. Any owner of property, or a person, firm, association or corporation holding a . contract to purchase property, or an optionee holding an option conditioned solely on the grant of a conditional use permit, or the duly authorized agent of such applicant, may make application for a conditional use permit, or the duly authorized agent of such applicant, may make application for a conditional use permit; however, any proceedings to classify certain uses as conforming uses may be initiated either by such application or by the City Council or by the City Planning Commission. The application shall be made on forms prepared by the zoning administrator, and filed with him. The application shall contain the section number of the Chapter which permits the issuance of the permit, a brief statement describing the use and why the applicant feels that it can be permitted, a statement of the ownership interest in the property of the applicant, as well as the additional information required below. An application for a conditional use permit shall be accompanied by payment of a fee as set from time to time by the City Council in additional to the regular building permit fee, if any. a. Additional Information. A Site Plan and supplementary graphic or written material shall be provided with the application, containing the following . information and/or such additional or lesser information as may be required by the zoning administrator. X23 • PLANNING & DEVELOPMENT 9-15.04 (1) Name, address, and legal description of project/development. (2) Location map, showing zoning district boundaries including area within one-half mile of the site (3) Name and mailing address of developer/owner and engineer/architect. (4) Date of plan preparation. (5) Scale and a north point indicator. (6) Boundary line of property with their dimensions. (7) Location identification and dimensions of existing and proposed: a. Topographic contours of minimum intervals of two feet. • b. Adjacent streets and on-street right-of-way. c. On-site streets and street right-of-way. d. All utility and utility right-of-way easements. e. Lighting plan, showing the lighting of parking areas, walks, security lights and driveway entrance lights. f. Building and structures including (1) Elevation drawings of all proposed building and structures with dimensions. (2) Elevation, height above mean sea level of all floors and roofs, when structure is sited in an area prone to flooding as determined by the City Engineer. • 124 • PLANNING & DEVELOPMENT 9-15..04 (3) Gross square footage of existing and proposed buildings and structures. (4) Exterior finish materials. (5) Type of business, proposed number of employees, and times of operations. g. All parking facilities. h. Water bodies and drainage ditches. i. Fences and retaining walls. j. Landscape plan, showing size and species of each planting. k. On and off site traffic flow. 1. Parking plan. • (8) Site statistics including square footage, percentage of coverage, dwelling unit density, and percentage of park or open space. (9) Names and addresses of the owners of all property abutting the subject property, as contained in the current real estate tax rolls, including properly located across the street, avenue or alley from the subject property. Subdivision 3. Hearing: The City Council or Planning Commission shall hold a public hearing within thirty (30) days of the date of filing the application, or at the next regularly scheduled meeting after said thirty (30) days, after publishing notice of such hearing in the official newspaper and sending mailed notice to those listed in the application as abutting property owners at least ten (1) days prior to the date of the hearing. a. General and Special Requirements: The Planning Commission and/or Council shall consider to what extent the applicant's plan minimizes possible adverse effects of the proposed conditional use, what modifications to the plan and what conditions on approval could further minimize the adverse effects of the proposed use. The following development standards shall be considered general • requirements for all conditional use permits except as hereinafter provided: 125 PLANNING & DEVELOPMENT 9-15.04 (1) The land area and setback requirements of the property containing such a use or activity meet the minimums established for the district. (2) When abutting a residential use, the property shall be screened and landscaped. (3) Where applicable, all City, county, state and federal laws, regulations and ordinances shall be complied with and all necessary permits secured. (4) Signs shall not adversely impact adjoining or surrounding residential uses. (5) Adequate off-road parking and loading shall be provided. Such parking and loading shall be screened and landscaped from abutting residential uses. (6) The road serving the use or sufficient design to accommodate activity, and such use or activi• such additional extra traffic as • or hazard to existing traffic or use. activity must be of the proposed use or ty shall not generate to create a nuisance to surrounding land (7) All access roads, driveways, parking areas, and outside storage, service, or sales areas shall be surfaced or grassed to control dust and drainage. (8) All open and outdoor storage, sales and service areas shall be screened from view from public streets and from abutting residential uses or districts. (9) All lighting shall be designed to prevent any direct source of light being visible from adjacent residential areas or from the public streets. (10) The use or activity shall be properly drained to control surface water runoff. (11) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. (12) The proposed water, sewer and other utilities shall be capable of accommodating the proposed use. • 126 PLANNING & DEVELOPMENT 9-15.04 (13) That the proposed use conforms to the comprehensive municipal plan. Such a finding shall be based upon the following considerations: (a) That certain uses may not be considered appropriate within the interior of residential neighborhoods because of noise, traffic, or other conditions that would tend to affect adversely the residential character of the neighborhood and possible reduce property values. These uses are considered appropriate only on the periphery of residential neighborhoods, or under such conditions as the Planning Commission may deem proper. The uses may represent "buffer" uses for those areas lying between single family dwellings and non-residential uses. (b) That certain uses are considered, as a rule, unsuitable in Business Districts because of inherent business characteristics (e.g. traffic, noise, glare), proximity to residential areas, the fact that they tend not to serve nearby • residential areas, or may adversely affect nearby permitted business uses. (c) That certain uses are considered generally unsuitable in Industrial Districts, because of conditions that would tend to discourage other industrial development in the vicinity. These conditions include noise, vibrations, dust, glare, unsightliness or similar nuisances. Certain other industrial land uses are considered generally inappropriate because they represent under-utilization of land. This, in turn, means a low tax return from land that under fuller development would be contributing needed revenue to the community~s tax base. Such uses, however, may be considered as temporary uses. (d) That certain temporary uses that are generally not suitable within a particular zoning district are potentially suitable on a temporary basis. This may be due to the lack of development on existing property, to a short-term need (such as highway construction), or to a limited degree of adverse effects, upon adjacent land use. • These standards shall be strictly applied unless it is found in the particular case that the community safety, health and welfare can as well 127 • PLANNING & DEVELOPMENT 9-15.04 or better be served by modifying them. Any special requirements applicable to the particular case which are imposed elsewhere in this chapter shall be met i n each case. When applications are reviewed by the Planning Commission but acted upon the City Council the , Planning Commission shall recommend to the City Council whatever action it deems advisable , including all recommended conditions on the ~` granting of the conditional use permit. Subdivision 4. Action: In actin u on a 1' ~ t rr icati~ns ,~- for diti con onal use permits, the planning commission or cit co il y unc shall consider the effect of the proposed use upon the health, safety, morals, comfort, convenience and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, including parking facilities on adjacent sites. When applications are reviewed by the planning commission but acted upon by the city council the city council may hold whatever public hearings it deems advisable or may return the application to the planning commission for further consideration. (a) Approval: If it is determined that the general and special requirements of this chapter will be satisfied by applicant's plan, the City may grant such permit and may impose conditions relating to the general and special requirements in each case, including durational conditions. (b) Denial: Conditional use permits may be denied by resolution. Such resolution shall state the reasons for denial, but may incorporate by reference the minutes and recommendations of the Planning Commission, staff reports, hearing testimony and any other material relevant to the decision. Subdivision 5. Termination: If compliance with all of the conditions of the conditional use permit have not taken place within the time prescribed by the City, the permit is deemed terminated, unless the Council, in its sole discretion, extends the time for compliance for an additional permit not to exceed one year. Any violation of a continuing condition shall be grounds for revocation of • the conditional use permit, after notice of violation served upon the permit holder in the manner of a civil summons at least to days prior to hearing, and upon the 128