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HomeMy WebLinkAboutItem 06.eJanuary 29, 2010 February 1, 2010 City Council Meeting Michael Persing Special Home Occupation Permit Proposed Action Item No. -� Staff recommends approval of the Michael Persing special home occupation permit and findings of fact as listed on the consent agenda for the February 1, 2010 City Council meeting. Overview Michael Persing has submitted a request for a special home occupation permit to operate a personal fitness use in his single family home located at 16560 Flagstaff Way. The property is zoned RS -3, Single Family Residential District. Mr. Persing will be the only employee conducting the business at his home. Only one client will visit Mr. Persing's home at a time and all clients will be required to park on the existing driveway consistent with other similar special home occupation permits previously approved by the City Council. The Zoning Ordinance requires that a special home occupation permit be approved by the City Council with a review one year after it is approved. At that time, the applicant can request that the special home occupation permit be extended for up to three years. The Planning Commission held a public hearing and unanimously recommended approval of Mr. Persing's special home occupation permit at their January 21, 2010 meeting. There were no comments from the public at the meeting. Staff is recommending City Council approval of Michael Persing's request. Upon approval, Mr. Persing will be allowed to operate the personal fitness training business from his home until February 1, 2011, pending future City Council approval of an additional extension. Primary Issues to Consider • Does the City Council agree with the stipulations listed in the special home occupation permit form? Supporting Information • Special home occupation permit. • Findings of Fact. • January 21, 2010 Draft Planning Commission meeting minutes. • January 15, 2010 planning report. ✓ZCt,uir4u M -e Frank Dempsey, Ass ciate P nner Financial Impact: NA Budgeted: Y/N NA Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SPECIAL HOME OCCUPATION PERMIT 10-01 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville grants a special home occupation permit for a personal fitness consultant use to: Michael Persing,16560 Flagstaff Way 2. Prope . The special home occupation permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 4, Block S. DONNAY'S VALLEY PARK 8T" 3. Conditions. The permit is issued subject to the following conditions: a) No home occupation other than the personal fitness use shall be conducted on the premises. b) Any signs displayed in relation to the personal fitness use must comply with Zoning Ordinance requirements. A maximum two square foot sign is allowed by ordinance for special home occupations. c) No persons other than Mr. Persing shall be employed in the home occupation. d) The home occupation shall be conducted entirely within the home and may not be conducted in a garage or other accessory building. e) Clients must park on the driveway at 16560 Flagstaff Way and shall not utilize on -street parking. f) The home occupation shall not be conducted between 10 PM and 7 AM. g) The provisions of Chapter 11-32-7 of the Zoning Ordinance shall be met at all times. h) The special home occupation permit shall expire one year from the date of issuance of the permit at which time the applicant may file for an extension of three years. 4. Termination of Permit. The City may revoke the permit following a public hearing under any of the following circumstances: The use as permitted by this permit shall not have been completed or utilized within one year after the date of this permit; or violation of the terms of this permit. 5. Lapse. If within one year from the issuance of this permit the special home occupation permit has not been completed or the use commenced, this permit shall lapse. 6. Criminal Penalty. Violation of the terms of this special home occupation permit is a criminal misdemeanor. DATE: CITY OF LAKEVILLE M BY: Holly Dahl, Mayor Charlene Friedges, City Clerk The following instrument was acknowledged before me this 1st day of February, 2010, by Holly Dahl, Mayor, and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 Notary Public CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA FINDINGS OF FACT SPECIAL HOME OCCUPATION PERMIT On January 21, 2010, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Michael Persing for a special home occupation permit to allow the operation of a personal fitness use from an existing single family home located at 16560 Flagstaff Way. The Planning Commission conducted a public hearing on the proposed special home occupation permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is currently zoned RS -3, Single Family Residential District. 2. The property is located in Planning District No. 3 of the Comprehensive Plan. 3. The legal description of the property is: Lot 4, Block S. Donnay's Valley Park 8"' 4. Section 4 of the City of Lakeville Zoning Ordinance provides that a special home occupation permit may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed home occupation will not interfere with the residential character of the neighborhood and will be consistent with the Comprehensive Plan. b) The proposed use is or will be compatible with future land uses of the area. The proposed home occupation will be compatible with existing land uses in the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance and the City Code. The proposed home occupation will conform to all applicable performance standards in the Zoning Ordinance and the City Code given compliance with the stipulations listed in the special home occupation permit. d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Existing municipal services can adequately serve the existing home and the proposed home occupation. e) Traffic generation by the proposed use is within capabilities of streets serving the property. The proposed home occupation will not create traffic that will exceed the capacity of the streets in the area. 5. The planning report dated January 15, 2010, prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: February 1, 2010 2 CITY OF LAKEVILLE BY: BY: Holly Dahl, Mayor Charlene Friedges, City Clerk CITY OF LAKEVILLE Planning Commission Meeting Minutes LXAFT JANUARY 21, 2010 Ne January 21, 2010 Planning Commission meeting was called to order by Chair Da in the City Hall Council Chambers at 6:00 p.m. Flag pleNe and roll call of members: Present: \ Chair Davis Adler Drotning Glad Grenz Ex -officio us Absent: Vice Chair L' Staff Present: Daryl Morey, Adam Kienbe Assistant City Penny Brevig, ITEM 3. APPROVAL OF MEETING The December 17, 2008 Planning presented. ITEM 4. ANNOUNCEMENTS: -Ling Director; Frank Dempsey, Associate Planner; Economic Development Specialist; Zach Johnson, rdeer; Andrea Poehler, Assistant City Attorney; and �ing Secretary. minutes were approved as Mr. Morey stated that the following items were dist�ed to the Planning Commission at tonight's meeting: A. An e-mail from an adjacent business owner that welcom the MN School of Business into the community and looks forwar to building partnerships in the future. Mr. Morey stated that the applicant has requested Agenda Item 7, Nordic quare PUD amendment be tabled to a future meeting. Mr. Morey also reminde the Planning Commission of the work session that will immediately follow tonigh 's �eWaRissien meeting. ITEM 5. MICHAEL PERSING Chair Davis opened the public hearing to consider the application of Michael Persing for a Special Home Occupation Permit to allow a personal fitness trainer Planning Commission Meeting January 21, 2010 DmK A OF"T Page 2 business in his single family residence, located at 16560 Flagstaff Way. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mr. Persing presented an overview of his request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Planning Department staff recommends approval of the Persing Special Home Occupation Permit, subject to the 8 stipulations listed in the January 15, 2010 planning report. Chair Davis opened the hearing to the public for comment. There were no comments from the audience. 10.01 Motion was made and seconded to close the public hearing at 6:07 p.m. Ayes: Glad, Davis, Adler, Grenz, Drotning. Nays: 0 Chair Davis asked for comments from the Planning Commission. Discussion points were: • The type of equipment that Mr. Persing would be using. Mr. Persing indicated that stretching and strengthening exercises would be emphasized and that no heavy equipment would be installed in his home. 10.02 Motion was made and seconded to recommend to City Council approval of the Michael Persing Special Home Occupation Permit, located at 16560 Flagstaff Way, subject to the following stipulations: 1. No home occupation other than the personal fitness use shall be conducted on the premises. 2. Any signs displayed in relation to the personal fitness use must comply with Zoning Ordinance requirements. 3. No persons other than Mr. Persing or a resident living in the home shall be employed in the home occupation. 4. The home occupation shall be conducted entirely within the home and may not be conducted in a garage or other accessory building. Planning Commission Meeting January 21, 2010 Page 3 5. Clients must park on the driveway at 16560 Flagstaff Way and shall not utilize on -street parking. 6. The home occupation shall not be conducted between 10:00 p.m. and 7:00 a.m. 7. The provisions of Chapter 11-32-7 of the Zoning Ordinance shall be met at all times. 8. The special home occupation permit shall expire one year from the date of issuance of the permit at which time the applicant may file for an extension of three years. Ayes: Davis, Adler, Grenz, Drotning, Glad. Nays: 0 Chair avis opened the public hearing to consider the application of Myhre Holding akeville, LLC for a Conditional Use Permit to allow an adult education facility in th C-3, General Commercial District, located at 17645 Juniper Path. The Recording Sec tary attested that the legal notice had been duly published in accordance with to Statutes and City Code. Troy Shannon from their request. School of Business presented an overview of Economic Development Speciali Adam Kienberger presented the planning report. Mr. Kienberger stated that Plannin Department staff recommends approval of the Minnesota School of Business Conditi al Use Permit, subject to the 6 stipulations listed in the January 15, 2010 planning re rt. Chair Davis opened the hearing to the public f%omment. There were no comments from the audience. 10.03 Motion was made and seconded to close the public hearin at 6:15 p.m. Ayes: Adler, Grenz, Drotning, Glad, Davis. Nays: 0 Chair Davis asked for comments from the Planning Commission. DiscNsion points were: Memorandum To: Planning Commission From: 7A Frank Dempsey, Associate Planner Date: January 15, 2010 Action Deadline: February 6, 2010 Agenda Item: Michael Persing Special Home Occupation Permit INTRODUCTION City of Lakeville Planning Department Michael Persing submitted a special home occupation permit application for the purpose of operating a personal fitness business in his single family home located at 16560 Flagstaff Way. The property is zoned RS -3, Single Family Residential District and is located in the Donnay's Valley Park 8th subdivision. The Persings have owned the property since 1986. A public hearing for a special home occupation permit is required before Mr. Persing is allowed to operate the personal fitness business in his home. The following exhibits are attached for your review: Exhibit A - Location Map Exhibit 6 — Aerial Photo Exhibit C — Site Plan Exhibit D — Floor Plan Exhibit E — Michael Persing Special Home Occupation Application STAFF ANALYSIS Chapter 32 of the Zoning Ordinance regulates home occupations in Lakeville. This section lists several occupations that are considered permitted home occupations and gives examples of several others that are considered special home occupations. A personal fitness use is considered to be a special home occupation. As such, a special home occupation permit is required in accordance with the provisions of 11-4-3, the conditional use permit section of the Zoning Ordinance. Chapter 11-32-7 of the Zoning Ordinance lists 10 provisions with which all permitted and special home occupations must conform. These provisions and a response related to Mr. Persing's special home occupation permit application is as follows: 1. No home occupation shall produce light, glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. There will be no light, glare, noise, vibration, or other sense that a business will be operating from the home given compliance with the approved special home occupation permit. 2. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. No special electrical equipment is required for this personal fitness use and thus no electrical interference to surrounding properties 3. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. Mr. Persing s proposed personal fitness business will not change the residential character nor will it result in incompatibility or disturb surrounding residential uses provided compliance with the approved special home occupation permit. Mr. Persing will be the only one employed with the home occupation. Clients are not required to park on street since a driveway is available. All clients will be required to park on the existing driveway. The site plan of Mr. Persing s property indicates that there is adequate space for off-street customer parking on the existing driveway (See Exhibit Q. 4. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. The proposed personal fitness use will not require any internal or external alterations to the home. 5. All permitted home and special home occupations shall be conducted entirely within the living quarters of the principal dwelling and may not be conducted in any portion of an attached private garage or within accessory buildings. I The proposed personal fitness use will be conducted in a room located on the lower level of the split level home (See Exhibit D). The home occupation will not be conducted within a garage or in an accessory building. 6. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site. No outdoor storage of equipment or materials is permitted or proposed with the personal fitness home occupation. 7. The home occupation shall meet all applicable fire and building codes. Building Inspections Department staff inspected the home and proposed work area and determined that the areas comply with all applicable building and fire codes. 8. There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of one directional or identification/business sign not to exceed two (2) square feet in area. Mr. Persing is not planning to place a sign for his business at his home. Should he choose to place a sign in the future the sign must comply with the home occupation regulations. 9. All home occupations shall comply with the provisions of the City Nuisance Ordinance. The proposed personal fitness use will comply with the City Nuisance Ordinance given compliance with the approved special home occupation permit. 10. No home occupation shall be conducted between the hours of 10:00 PM and 7:00 AM unless said occupation will not require any on -street or off-street parking facilities. Mr. Persing s special home occupation application states that the proposed hours for operating the personal fitness use are weekday evenings between 5.•00 PM and 9:00 PM. The Zoning Ordinance prohibits the operation of this home business between the hours of 10 PM and 7 AM. If Mr. Persing wanted to treat clients at a different time, an amendment to the special home occupation permit would not be required as long as the new time fell between the time frame of 7 AM and 10 PM allowed by the Zoning Ordinance. The proposed use will not require on street parking facilities. 3 The Zoning Ordinance requires that a special home occupation permit be reviewed by the City after one year. After one year, the special home occupation permit may be renewed for a three year period and after three years the special home permit may be renewed for another three years. As of the writing of this planning report, staff has not been contacted by any surrounding property owners in response to the public hearing notice for this special home occupation permit request. RECOMMENDATION Planning Department staff recommends approval of the Michael Persing special home occupation permit request for a personal fitness use located at 16560 Flagstaff Way, subject to the following stipulations: 1. No home occupation other than the personal fitness use shall be conducted on the premises. 2. Any signs displayed in relation to the personal fitness use must comply with Zoning Ordinance requirements. 3. No persons other than Mr. Persing or a resident living in the home shall be employed in the home occupation. 4. The home occupation shall be conducted entirely within the home and may not be conducted in a garage or other accessory building. 5. Clients must park on the driveway at 16560 Flagstaff Way and shall not utilize on -street parking. 6. The home occupation shall not be conducted between 10 PM and 7 AM. 7. The provisions of Chapter 11-32-7 of the Zoning Ordinance shall be met at all times. 8. The special home occupation permit shall expire one year from the date of issuance of the permit at which time the applicant may file for an extension of three years. Findings of Fact for this Special Home Occupation are attached as required by Section 11-4-3E of the Zoning Ordinance. 4 I 1 gym= 111111 IMINIMUM _ 11111 iillll N Location Map 16560 Flagstaff V U-� I Flagstaff Avenue >taff Way I 1 Finesse Way Location of 16560 Flagstaff Way Dodd Boulevard (CSAH 9) 04 A4, Op F" Page I of I http://gis.co.dakota.mn.us/output/webgis_SDE_extgis37752138465607.jpg 12/31/2009