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HomeMy WebLinkAboutItem 06.ilakev�((e April 2, 2010 Item No. April 5, 2010 City Council Meeting Lisa Crouley Special Home Occupation Permit Proposed Action Staff recommends adoption of the following motion: Move to approve the Lisa Crouley special home occupation permit and adopt the findings of fact as presented. Upon approval, Ms. Crouley will be allowed to operate the hair salon business from her home until April 5, 2011 with the option of seeking an extension for an additional three years. Overview Lisa Crouley has submitted a request for a special home occupation permit to operate a hair salon use in her single family home located at 20928 Huntsville Trail. The property is zoned RS -3, Single Family Residential District. Ms. Crouley will be the only employee conducting the home occupation. Only one client will visit Ms. Crouley's home at a time and all clients will be required to park on the existing driveway. The Planning Commission held a public hearing and unanimously recommended approval of Ms. Crouley's special home occupation permit at their March 18, 2010 meeting. There were no comments from the public at the meeting but there were two emails sent by neighbors prior to the public hearing expressing opposition to the request. Staff is recommending City Council approval of Ms. Crouley's request. Primary Issues to Consider None. Supporting Information • Special home occupation permit. • Findings of Fact. • March 18, 2010 Draft Planning Commission meeting minutes. • March 12, 2010 planning report and attachments. • Two emails from neighbors. Frank Dempsey, Ass late PI ner 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 10-03 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville grants a special home occupation permit for a hair salon use to: Lisa Crouley, 20928 Huntsville Trail 2. Pro e . The special home occupation permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 11, Block 8, MARION FIELDS 3. Conditions. The permit is issued subject to the following conditions: a) No home occupation other than the hair salon use shall be conducted on the premises. b) Any signs displayed in relation to the hair salon use must comply with Zoning Ordinance requirements. A maximum two square foot sign is allowed and must be set back a minimum of 15 feet from the property line. c) No persons other than Ms. Crouley 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) Hair salon appointments shall be restricted to serve not more than one client at a time. f) Clients must park on the driveway at 20928 Huntsville Trail and shall not utilize on -street parking. g) The home occupation shall not be conducted between 10 PM and 7 AM. h) The provisions of Chapter 11-32-7 of the Zoning Ordinance shall be met at all times. i) A hair salon license shall be issued by the State of Minnesota prior to beginning operation of the hair salon. j) 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 BY: Holly Dahl, Mayor Charlene Friedges, City Clerk The following instrument was acknowledged before me this Sth day of April, 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. DRAFrED 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 March 18, 2010, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Lisa Crouley for a special home occupation permit to allow the operation of a hair salon use from a single family home located at 20928 Huntsville Trail. 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. 7 of the Comprehensive Plan. 3. The proposed hair salon use is a special home occupation. 4. The legal description of the property is: Lot 11, Block 8, MARION FIELDS 5. 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. 6. The planning report dated March 12, 2010, prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: April 5, 2010 2 CITY OF LAKEVILLE BY: Holly Dahl, Mayor M Charlene Friedges, City Clerk Memorandum To: Planning Commission From: Frank Dempsey, Associate Planne�ro Date: March 12, 2010 item No. City of Lakeville Planning Department Subject: Packet Material for the March 18, 2010 Planning Commission Meeting Action Deadline: April 24, 2010 Agenda Item: Lisa Crouley Special Home Occupation Permit INTRODUCTION Lisa Crouley has submitted a special home occupation permit application for the purpose of operating a hair salon in her single family home located at 20928 Huntsville Trail. The property is zoned RS -3, Single Family Residential District and is located in the Marion Fields subdivision. A special home occupation permit is required before Ms. Crouley is allowed to operate the hair salon in her home. There are currently six hair salon special home occupations permitted to operate in the City. The following exhibits are attached for your review: Exhibit A — Location Map Exhibit B — Aerial Photo Exhibit C — Site Plan Exhibit D — Floor Plan Exhibit E — Lisa Crouley Special Home Occupation Application Exhibit F — Email from resident at 20928 Huntsville Trail STAFF ANALYSIS Chapter 11-32 of the Zoning Ordinance regulates home occupations in Lakeville. A hair salon use is considered to be a special home occupation. As such, a special home occupation permit is required in accordance with the provisions of Chapter 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 Ms. Crouley'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 hair salon use 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 hair salon use and thus there will be 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. The home occupation will occur in the basement level of the home. The proposed hair salon use will not change the residential character of the home or neighborhood and will not result in incompatibility or disturb surrounding residential uses provided compliance with the approved special home occupation permit. Ms Crouley will be the only one employed with the home occupation. Client appointments will be restricted to one client visit at a time. All clients will be required to park on the existing driveway. The site plan of Ms Crouley's properly indicates that there is adequate space for off- street customer parking on the existing driveway (See Exhibit C). 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 hair salon use will not require any internal or external alterations to the home that would not be customarily found in a single family 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. 2 . 4 The proposed hair salon use will be conducted in a lower level room of the 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 hair salon 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. There is no sign planned for the hair salon use. The Zoning Ordinance allows up to two square feet of sign area for a home occupation with a 15 foot setback from the property line. If a sign is proposed in the future, a sign permit will be required. 9. All home occupations shall comply with the provisions of the City Nuisance Ordinance. The proposed hair salon business use 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 p.m. and 7:00 a.m. unless said occupation will not require any on -street or off-street parking facilities. Ms Crouleys special home occupation application states that the proposed hours for operating the hair salon use are Monday through Saturday any time between 8:00 AM and 10:00 PM. The Zoning Ordinance prohibits the operation of the proposed hair salon business between the hours of 10 PM and 7 AM. The Zoning Ordinance requires that a special home occupation permit be reviewed 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. Each time the special home occupation is renewed, the Zoning Ordinance requires that all property owners within 500 feet of the property be notified of the renewal request. However, the Zoning Ordinance does not require that a public hearing be held to consider the renewal. As of the writing of this planning report, one email was received from a neighbor located at 20765 Hyson Path regarding the proposed Special Home Occupation Permit. I have attached a copy of the neighbor's email as Exhibit F of the planning report. The issues 3 ( . • raised in the email have been adequately addressed by the Zoning Ordinance Special Home Occupation permit criteria outlined in Section 11-32-7 of the Zoning Ordinance, the March 12, 2010 planning report and the draft findings of fact. RECOMMENDATION Planning Department staff recommends approval of the Lisa Crouley special home occupation permit for a hair salon use located at 20928 Huntsville Trail, subject to the following stipulations: 1. No home occupation other than the hair salon use shall be conducted on the premises. 2. Any signs displayed in relation to the hair salon use must comply with Zoning Ordinance requirements. A maximum two square foot sign is allowed and must be set back a minimum of 15 feet from the property line. 3. No persons other than Ms. Crouley 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. Hair salon appointments shall be restricted to serve not more than one client at a time. 6. Clients must park on the driveway at 20928 Huntsville Trail and shall not utilize on -street parking. 7. The home occupation shall not be conducted between 10 PM and 7 AM. 8. The provisions of Chapter 11-32-7 of the Zoning Ordinance shall be met at all times. 9. A hair salon license shall be issued by the State of Minnesota prior to beginning operation of the hair salon. 10. 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 the Special Home Occupation Permit are attached as required by Section 11-4-3E of the Zoning Ordinance. 4 Page 1 of 1 http://gis.co.dakota.mn.us/output/webgis_SDE_extgis333403972893.jpg 3/8/2010 - P Brevig, Penny From: Brian Kiecker [kiecker@frontiernet.net] Sent: Sunday, March 14, 2010 8:25 PM To: Dempsey, Frank Subject: Response to Special Home Occupation Permit -20928 Huntsville Trail Hi Frank - Page 1 of 1 We are writing to you in regards to a public hearing notice that we received for a special home occupation permit to allow a hair salon at 20928 Huntsville Trail by Lisa Crouley. We will not be able to attend the hearing, but wanted to share with you that for multiple reasons, we do not support having a business run out of a single family residence. Thank you. Brian & Kristie Kiecker 20790 Hurley Ave 3/17/2010