HomeMy WebLinkAbout1997-12-08 CPC Packetti
water
THE BIRTHPLACE OF MINNESOTA
PLANNING COMMISSION
CITY OF STILLWATER
NOTICE OF MEETING
The Stillwater Planning Commission will meet on Monday, December 8, 1997, at 7 p.m. in the
Council Chambers of Stillwater City Hall, 216 North Fourth Street.
Approval of Minutes of November 10, 1997.
AGENDA
1. Case No. V/97-66. A variance to the side yard setback (10 ft. required, 2 ft. requested) for the
construction of a 12 x 14 ft. deck located at 1233 Driving Park Road in the RA, One Family
Residential District. Joseph and Cynthia Westrup, applicants
2. Case No. V/97-69. A variance to the front yard setback (50 ft required, 30 ft. requested) for the
construction of a new residence located on. Lot 3 Wildwood Pines 5th Addition in the RA, One
Family Residential District. Paul Sterzinger, applicant.
Other Items
Report from home occupation use permit subcommittee
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
PLANNING COMMISSION
Nov. 10, 1997
Present: Jerry Fontaine, chairman
Glenna Bealka, Russ Hultman, John Rheinberger, Kirk Roetman,
Don Valsvik, Darwin Wald, Tom Weidner and Terry Zoller
Others: Steve Russell, Community Development Director
Chairman Fontaine called the meeting to order at 7 p.m.
Mr. Wald, seconded by Mr. Rheinberger, moved approval of the minutes of
Oct. 13, 1997; motion passed unanimously.
Q_a5P NQ. - SUlp,-27-Q4 A special use permit to conduct a certified
therapeutic massage and bodywork business out of a residence located at
919 S. Sixth St. in the RB, Two Family Residential District. Wayne and
Sandy Henningsgaard, applicants.
The applicants were present and stated there were aware of the five
conditions of approval.
Mr. Rheinberger, seconded by Mr. Roetman, moved approval as conditioned;
all in favor.
Case No. V/97-5_5 A variance to the side yard setback (5 feet required, 2
feet proposed) for construction of a 16 x 32 garage at 2213 Oakridge Road
in the RA, One Family Residential District. James and Evelyn Nyberg,
applicants.
Mr. Nyberg was present and said he was aware of the three conditions of
approval. Mr. Roetman suggested adding a fourth condition that all
drainage must remain on site. Mr. Roetman, seconded by Mr. Hultman,
moved approval with the four conditions; all in favor.
Other business_:
• Signage for Market Square businesses on County Road 5
Present for the discussion were Bob Briggs, attorney representing several
Market Place tenants; Dave Reimer of Urban Associates, developer/owner
of Stillwater Market Center mall; Chad and Josh Junker of Royal
Glass/Royal Lube.
Mr. Weidner excused himself from the discussion and vote.
Mr.' Briggs noted the issue had been reviewed by the Heritage Preservation
Commission. The applicants are in agreement with the HPC's
recommendations and with Ms. Fitzgerald's memo regarding the amended
comprehensive sign plan. Mr. Briggs also noted there are two groups of
businesses affected by the proposed changes -- those in the Market Center
mall and those businesses north of Curve Crest Boulevard; the proposed
signage for businesses north of Curve Crest will be reviewed by the HPC
on an individual basis.
Much of the discussion centered on whether businesses with street
frontage on three sides of their building space would be allowed three
signs. Mr. Valsvik said that item No. 1 of the proposed sign plan would
limit businesses to two signs, one on the front and one on the rear facing
County Road 5.
There was also some discussion as to whether the amended sign plan
would require a public hearing. Mr. Briggs suggested deferring that
question to the City Attorney.
Mr. Rheinberger, seconded by Mr. Valsvik, moved to accept the amended
sign plan for Stillwater Market Place. Motion passed 8-0, with Mr. Weidner
abstaining.
® Discussion of Zoning Ordinance regulations regarding home occupation
use permits
Mr. Russell briefly discussed the reasons for the proposed changes.
Members reviewed a proposed draft of home occupation regulations.
Mr. Weidner suggested item E, which prohibits the use of addresses in the
Type I Home Occupations, is too restrictive. He also suggested that item I,
which regulates traffic, is ambiguous.
It was agreed to eliminate item E in the Type I regulations. it was
suggested that item I could be accomplished by a regulation regarding
hours of operation; Mr. Zoller suggested 7 a.m. to 7 p.m. Mr. Valsvik pointed
out that the general provisions, as proposed in the draft, for all home
businesses provides for hours of operation from 7 a.m. to 9 p.m.; it was
agreed that should be changed from 7 a.m. to 7 p.m. for Type I businesses.
In reviewing the Type II home occupations, Mr. Fontaine pointed out the
signage currently is limited to two square feet, not six square feet as
indicated in the draft language.
There was a general discussion about the examples of business use, such
as beauty salons, and whether "Type II" businesses should be totally
prohibited in the RA district. There also was discussion regarding the
criteria that should be used in determining "Type I and Type II" businesses
--traffic, intensity of use.
Mr. Zoller, seconded by Mr. Weidner, moved to have a subcommittee work
with Mr. Russell to further refine the draft ordinance; motion passed
unanimously. Mr. Rheinberger, Mr. Roetman and Mrs. Bealka agreed to serve
on the subcommittee.
Mr. Roetman, seconded by Mr. Valsvik, moved to adjourn at 8:45 p.m. All in
favor.
Respectfully submitted,
Sharon Baker
Recording Secretary
PLANNING APPLICATION REVIEW FORM
CASE NO. DR/97-66
Planning Commission Date: December 8, 1997
Project Location: 1233 Driving Park Road
Comprehensive Plan District: One Family Residential
Zoning District: RA
Applicant's Name: Joseph and Cynthia Westrup
Type of Application: Variance
Project Description: A Variance to the side yard setback (10 ft. required, 2 ft.
requested) for the construction of a 12 x 14 ft. deck.
Discussion:
The applicant is proposing to construct a 12 x 14 ft. wooden deck. It would be located
off the existing sliding doors of the east side of the house. The applicant stated in the
attached letter that all of their neighbors have either a deck measuring at least 12 x 14
ft. or the legal spaced to build one. The applicant has the "legal space" to build a deck
in the rear yard, but the existing sliding doors are on the east side and the house is not
designed to have the sliding doors in the rear. The house to the east of the applicant is
approximately 17 ft. from property line at nearest point.
Recommendation:
Denial — it is staffs recommendation that a smaller deck could be constructed to comply
with the setback ordinance.
Findings:
1. That a hardship peculiar to the property, not created by any act of the owner,
exists. In this context, personnel financial difficulties, loss of prospective profits
and neighboring violations are not hardships justifying a variance.
2. That a variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same district and
in the same vicinity; and that a variance, if granted, would not constitute a special
privilege of the recipient not enjoyed by his neighbors.
3. That the authorizing of the variance will not be of substantial detriment to
adjacent property and not materially impair the purpose and intent of this title or
the public interest nor adversely affect the Comprehensive Plan.
Attachments: Application Form
r- P L, n)r, 11 • z J_,
mtvl rL 1
(^ Case No: V/q y �
Date Filed: I
Fee Paid:
Receipt No.:
PLANNING ADMINISTRATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER, MN 55082
ACTION REQUESTED:
Certificate of Compliance
Conditional or Special Use Permit
Design Review
Planned Unit Development
Variance
Comprehensive Plan Amendment
Zoning Amendment
Subdivision
Resubdivision
Total Fee
FEE(')
70
$70 170
27
70
$309_
300
$100+$50Aot
. 50
The applicant is responsible for the completeness and accuracy of all forms and supporting material
submitted in connection with any application.
PROPERTY IDENTIFICATION
Address of Project, 10233 !M/ ill A/(7^ /12EW f2 b - Assessor's Parcel No.,
Zoning District ,� — Description of Project_ �'�'Ckl_/,V/,Ik
"I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the
best of my knowledge and belief, true and correct. I further certibi I will comply with the permit if it is granted and used."
Property Owner
Mailing Address (IZ,24a.��
Telephone No.
Signature
Representative
Mailing Address
Telephone No.
Signature
SITE AND PROJECT DESCRIPTION
Lot Size (dimensions) 10 x I s `b `�` Total building floor Area 17L O o sq. ft.
Land Area 9 (Asa Existing z z o o sq. ft.
Height of Buildings: Stories Feet Proposed iG,f sq. ft.
Principal �'- Paved Impervious Area l sq. ft.
Accessory — Number of off street parking spaces provided
)ADDITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION
REVIEW
Revised 9/19/95
November 13, 1997
Joseph & Cynthia Westrup
1233 Driving Park Road
Stillwater, Minnesota 55082
Community Development Department
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
Dear City Planners,
We are writing to request a variance from the City of Stillwater so that we might build a
deck on our property. Enclosed please find the Planning Administration Form, a full
property blueprint (1 copy), property drawing indicating location of proposed deck (12
copies), photograph of location for proposed deck (12 copies), signatures of surrounding
neighbors indicating no objection to the construction of the proposed deck.
When giving attention to our request for a variance, please consider the following
hardships we face. First, when we purchased our home in June 1997, there were existing
patio doors built into the east side. The doors are a focal point of the main floor. Without
a deck to utilize the doors, the main floor of our home looks ridiculous.
Second, all of our neighbors have either a deck measuring at least 12' x 14' or the legal
space to build one. Our property value will be adversely affected if we cannot build a
deck of equal size and value.
Finally, per the enclosed signatures, we have consulted with our neighbors immediately
adjoining our property to the east, and they have no objection to our proposed deck and
related landscaping plans. We have also consulted with all of our neighbors in relative
view of our property and have found no objection to our plans.
We hope you, too, will approve of our proposed deck and give us the requested variance.
Sincerely,
Joseph and Cynthia Westrup
Additional Pertinent Data: Proposed Deck 12'xl4'
Finished deck would be 2' from property line on North
corner and 2 1/2' from property line on South corner
Adjoining neighbor's house is 17from property line at
nearest point
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I understand that my neighbors, Joe and Cindy Westrup, at 1233 Driving Park
Road, Stillwater, are requesting a variance from the City of Stillwater to build a
deck off their patio doors on the east side of their property. The finished deck will
r;
be 12' wide x 14' long. I have no objection to the variance being granted.
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PLANNING APPLICATION REVIEW FORM
CASE NO. DR/97-69
Planning Commission Date: December 8, 1997
Project Location: Wildwood Pines, 5th Addition, Lot #3 — Boutwell Road
Comprehensive Plan District: One Family Residential
Zoning District: RA
Applicant's Name: Paul Sterzinger
Type of Application: Variance
Project Description: A Variance to the front yard setback (50 ft. required, 30 ft.
requested) for the construction of a new residence.
Discussion:
The applicant is requesting a variance to the front yard setback for the placement of the
garage. The lot is a standard size lot, 90 ft. by 130 ft. There is a steep slope in the
back yard with a dense stand of pine trees. It the garage was constructed in the back
area, it would require fill to be brought in and destruction of the pine forest.
Staff has concerns about the placement of the proposed garage and its proximity to
Boutwell Road. The attached site plan shows a distance of 30 ft. from the garage door
to Boutwell Road. Boutwell Road is a heavily traveled road and the applicant would
have to back out into the road to get out. It is staff's suggestion that the applicant look
at turning the garage so that the garage doors are facing north, allowing the driveway to
curve around so the applicant could back out and turn the car so that it was facing
Boutwell Road before it exits onto the road.
Conditions of Approval:
Should the Commission approve the request, staff recommends the following conditions
of approval:
1. All plans approved by the City Engineer and the Building Official.
Recommendation:
Denial
Findings:
1. That a hardship peculiar to the property, not created by any act of the owner,
exists. In this context, personnel financial difficulties, loss of prospective profits
and neighboring violations are not hardships justifying a variance.
2. That a variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same district and
in the same vicinity; and that a variance, if granted, would not constitute a special
privilege of the recipient not enjoyed by his neighbors.
3. That the authorizing of the variance will not be of substantial detriment to
adjacent property and not materially impair the purpose and intent of this title or
the public interest nor adversely affect the Comprehensive Plan.
Attachments
Application Form
Site Plan
Photo
Case No: . vhp
-��
Date Filed:
Fee Paid:
Receipt No.:,
PLANNING ADMINISTRATION FORM
ACTION REQUESTED:
COMMUNITY DEVELOPMENT DEPARTMENT Certificate of Compliance
CITY OF STILLWATER Conditional or Special Use Permit
216 NORTH FOURTH STREET — Design Review
STILLWATER, MN 55082
Planned Unit Development
Variance
Comprehensive Plan Amendment
Zoning Amendment
Subdivision
Resubdivision
Total Fee
l
FEE(')
70
70 170
-0-
:270
7
300
300
$100+50Ilot
50
The applicant is responsible for the completeness and accuracy of all forms and supporting material
submitted in connection with any application.
Address of Project
Zoning District`
}}^^``�7 / J/J1 PROPERTY IDENTIFICATION
L.Jfi u 4[ ,,L r / " 4 n J G,� -/#,y
Assessor's Parcel No.
QI G' Sf4
Description of Project
"I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the
best of my knowledge and belief, true and correct. I further certify I will comply with the permit if it is granted and used.
Property Owner ct t c Ff
Mailing Address 6-� JVl �09 e C
Telephone No. 7 26, - 4 7,S z
Signature
Representative
Mailing Address
Telephone No.
Signature
SITE AND PROJECT DESCRIPTION
Lot Size (dimensions) q0 x 136
Land Area / /, `/o W S (?
Height of Buildings: Stories Feet
Principal 12,
Accessory
4'( 6 A4*,, s-z
Total building floor Area �40 6a>.xy
Existing
Proposed
sq. ft.
sq. ft.
sq. ft.
Paved Impervious Area sq. ft.
Number of off street parking spaces provided
("ADDITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION
REVIEW
Revised 9/19/95
Community development Department
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Planning Commission
This letter is a request for a variance from the minimum setback requirement of 50 feet for
new construction in Wildwood Pines 50' Addition on Boutwell Road. The lot is a standard
90' by 130'. It has a steep drop of about 20 feet at 60 feet into the lot with mature pine
trees growing in the lower area. If the garage was set back at 50 feet you would need to
fill in a large portion of the back area just to build the house. This would require the
cutting of a large portion of the trees. It would destroy the beauty and privacy that this
lot offers.
With a setback of 30 feet we would be able to build the house with a minimum amount of
tree cutting and a minimum amount of filling.
I also request that we do not have to share the driveway with lot #2 which is to the south
of us. With the shorter distance to the road, it would be better to run the driveway
straight out to the street.
I can be reached during the day at 379-8086 ext. 3680. My home number is 776-4782.
Sincerely,
1111X/q,7
Paul Sterzinger
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Wally & Leslie Milbrandt
172 Mallard Court
Stilhvater, MN 55082
612-439-0185
Stillwater Planning Commission
RE: Case No. V / 97-69
As an adjacent neighbor to Lot 3 Wildwood Pines 5th Addition, we take no issue with
the requested set back.
However, we are concerned that when this home is built and a driveway is installed,
the additional hard surfaces are going to significantly alter the natural water runoff that
occurs today.
While we understand that it is difficult to accurately gauge the effects this will have on
our lot (especially our basement) until the building is complete, we would like to be
assured that the final landscaping plans will be thoroughly reviewed by city engineers and,
should any additional drainage or burms be necessary now or in the future, that all costs
associated with these will be borne by the City or owner of the above stated lot.
Thank you for your consideration. We look forward to your prompt reply.
Sincerely,
Wally l d Leslie Milbrandt
CC: Clayton Eckles
MEMORANDUM
TO: Planning Commission
FR: Steve Russell, Community Development Director
DA: December 4, 1997
RE: ZONING ORDINANCE REVISION FOR HOME OCCUPATION USE PERMIT
This item was discussed at your last meeting. A planning commission subcommittee of Jerry,
Glenna and John was appointed to develop some ideas for the full commission to discuss. On
December 1 st, the subcommittee met. They felt there were three levels of intensity of home
occupations. Type I, the lowest level of activity would be allowed without a permit in all
residential districts. Type II would be allowed with a home occupation use permit in the RA,
Single Family Residential District and RB, Duplex Residential District. Type III would be
allowed with a home occupation use permit only in the RB District.
The committee was not sure of some requirements for the different type of use, hours, traffic,
entrances and felt the full commission could fill in those blanks.
I also noticed an article on home occupations in the Minneapolis paper. The article is included
along with the Minneapolis Ordinance for your information.
Attachments
Home Occupation
TXp--el
ype 1T
I. No permit required. Type II
2. Nos special zorl i n 1 • Home occupation use e
p ,requirements, Permit and public hearing required. 3. No outside stora,', 2. No zoning requirements. I. Home occupation use permit and public hearing required.
'N or display of 3. No outside storage or display of products,
products, equipment or merchandise 2 district only.
is permitted. equipment or merchandise is permitted. 3- No outside storage or display of product, equipment or
4. No retail sales from the premises. 4. Retail sales permitted only as accessory to the primary merchandise is permitted.
5. No traffic shall be anticipated greater home Occupation. 4- Retail sales permitted as accessory to the primary
5. Infrequent hobby, craft or art sales permitted.
than normally expected in the residential occupation. Exception: hobby, art crafts, infrequent
area. (How many times a year) 1 or 2? sales.
6. No separate outside entrance. 6' Customers by appointment only (how many a 5 An unlighted sign (2 square feet) is permitted.
7. No sign shall be permitted. day?) 6. Visitors are permitted b
7 oft street parking is required. 7. No more than 2Q percent of thertment Only to aI grass area f (lie ow ny?}
8. No more than fifteen (15) percent of the 8. No sign shall be permitted.
total grass floor area of the dwelling unit dwelling unit shall be used for the Home occupation.
g 9. No more than twenty (20) percent of the total 8. No activity or equipment shall be used which creates
shall be used for a home occupation.
9. No activity or equipment shall be used which gross area of the dwelling unit shall be used for noise, vibration, glare, furnace, odors, electrical or
creates noise, vibration, glare, fumes, odors, home Occupation' television interference detectable to normal senses
electrical or television interference detectable 10. NO activity ore equipment Outside the dwelling unit Or accessory structure.
q pment shall be used which creates
to normal senses outside the dwellingunit or noise, vibration, glare, fumes, odors, electrical or 9• Hours?
accessory structure. television interference detectable to normal senses 10. Off-street parking is required?
outside the dwelling unit Or accessory
11. Separate entrances? q How many?
1 I . Hours? ry structure.
12. Traffic?
12. Separate entrance?
13. Traffic?
ta
ner •.Yut'_ attnton
Z 1 l f
ei�i a._•` f �:'s Information the
Amid ' Inf Age's
- )C n:>}iaz..f.. �tirr? ,' � `°•:
ttit Trihueu = kn erg{'. 'r, explosion of computers and busi-
�=`` k r ness start-ups =. particularly
oomp Niniie small businesses started by wom-
sine
s's,.�flnstiltasif; get; en — cities suclt,wth as Minneapolis is
siness can some are seeing rapid groin home-
f ing downy bu
limes mean clearingoff the din -., based entrepreneurs:
- #ngrooiu uable;and t� sng it into "Y; They're compi}ter consultants,
a.conFerence'ab�e;' . `°9:'.,:= ..-bookkeepers, financial advisers,
°s,8 Herbus `ess rCxeat`iveBusiness tutors, writers, -music _teachers,
•-��. �_•
Constut, a e same address"-" reseazchers; aocopntants, gi aphic
a her`Iiome'`o " _ uchan'�a'n Street ` artists, sales representatives. —
jp'nartfigas'il7Sifunealis'1- �_,== businesspeople of all stripeswho
foigo job security and rush-hour
�'`t'�^s :a�••A'., { ' traffic for the freedom of working
at home.'..,
But gr6Niih has brought'politi-
cal scrutlny. Bloom and.a net-
work _of home -based business-
pebple, discovered this over the
past year as Minneapolis zoning
L and planning ofixcials struggled
to get a handle on the burgeoning
number of home businesses pop- I
�"�'• ping up silently in neighborhoods
around the city.
Outdated zoning codes #from • ,
1963 have been rewritten, though
I
PAGE A16 • STAR TRIBUNE
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Dome -based businesses are an
invisible but gr'.or trig segment,:.
'• Bloom. 34.1 as become some ','p.m.; seven days a eel;
thing of a local home -based busi- . .; The final rouricif debate Nov. 21
mess guru, opening her consult .. bagged dowriJn* a controversial
ing firm in 105 and'biifithifig"'--provisfan that would have allowed
Into contracts't'vith t&W.fal neigh-- -retest sales by appoi66neni, a rnea-
borhood groups to organize net- sure that was defeated. i '
works of like-minded entrepre- Now retail sales are allowed
neurs,'�� . _ s w, ,: only as an'ace essory-to arty ser-
Iit Just the live neighborhd'ods„--rites pr6ided,':such as sham -
she's ,worked with including :; poo sold b a hairstylist'or:cam•
Central, Marcy -Holmes and Pow pu t ei disky-sold by an accountant
derhorh'— she says site's located'' or desktop publisher. Many' cities,
some 1,453'peopie inv6lved'ln'. ,
one way or. another }n'home-
based businesses.
For -the 'most part, she said,
they're an Invisible but growing .
population".''She'3nsists they're
not about to turn tree -lined bou-
levards into loud Main Streets,
smelting. plants or shopping
centers.
She started in the comer of her
room with 'a computer, a chair
and• a little table with files in it.
!,Thitwis my office," she'said.
Since; then ., het :: office :•bis '
moved lntoo,separate room —
and beyond. ='The:dining 'room
table turns Anto a 6iiference
room in a ,heartbtiat; :literally, .
where I can; easily:serve a"light
-dontliniAtalbrealdast.'i'
'The living room.serves as- an
Informal area;3vhere I ; can 'do
group •work.Tm he sun roam, which
Is just off the office, Is basically a .''.
waiting roam.' So it -works out ;
really well." '
Except that you have to keep
the whole house clean every day,
and your work is never more than
a bedroom door away.: There are
times when it's mentally hard to
turn off the office,", said Mark`
Anthony, a consultant and presi-
dent of the Home Based Business
Association of Minnesota'lwhich
'has a mailing list of 66t}l.'I can
be watching TV and start to hear
ihat pile,of work'hftg tile:".,.:.
Then again, "There are times
when that pile,of laundry starts to
look pre try good;.' said Anthony,
34. `You think, :'Do' I % ant • to
make that +phone.'ca1l? Naw, 1
think IT do -a ileuf+vhites'"
People in the business tout the
fact that they're the eyes and ears i
of their neighborhoods. Anthony ;
boasts of a coileague ,who was
homeienough to help develop ev-
ldenc: ,against an illegal home -
based business nexr door• a crack
Wltlle 6n t r home -business
owners: share an independent
streak and a penchant for flexibil-
icy, they're hardly lib6iii6ans.
"We agree we ought to be regu-
lated," Bloom said. 'As a home -
based business owner, 1 don't
New parameters
Despite protracted debate in
the City Councii, which just final-
ized a new zoning ordinance last
week, city officials say they're on
the same page as Bloom and her
business allies. "WV 're just trying
to preserve the residential char.
acter .of neighborhoods.' said
Blake Graham, a city planning
supervisor: 'We know it's glow-
ing and we want to encourage it,'
but within guidelines. .
Those new requirements place
Minneapolis somewhere in the
middle of the pack nationally in
terms of regulatory permissive-
ness, Graham said. " ' -' -
Unlike many cities, including
St. Paul, Minneapolis will. place
no direct Iiin] ts'bn the riu'mber of
clients a home entrepreneur can
receive in a business day, other
than to say that a home business
can't generate '"excessive �eus-
tomer or client traffie"
That was a huge victory for the
home business operators, who,
under a version of the ordinance
assed last May, were looking at a
limit of five customers a day, a
restriction Bloom called 'unreal -
Now; five customers a day is
only a threshold level for deter-.,
mining if a home business in be -
causing a detrimental level of
traffic --- and then only If the city
reeeivesaccmplamt.
After an extensive organizing
campaign over the summer —
spearheaded by Bloom lidme-
business operators in Minr heipo
ifs also won the. right to hire one
nonresident employee, which un-
til now'could have been grounds
to shut down their• businesses.
That puts them roughly on a par
with their . counterpard in ; Sc..,
Paul, who can. hire one or 'two
nonresident workers, depending';
on the ameurit''of space they
have. e:r -i • :U; —"i ,w,,t, = il- Y:::
But the htinneapolls aperacars
did lose unlimited business
ti• hours. The city now will allow
them to be open from 8 a. in. to 8
want to im�act my neighborhood ••
negatively.
But in most eases, she said, the
neighbors hardly know home
businesses are there — unless
they're clients, too.
"eluding St. Paul, have blanket
provisions against retail sales in
home businesses, Graham said.
preserving rielghborhoods
ri White B3 Ddr imand other home
business'uwiters y'e .- ize'that
city officials don't ►vanOo see
living looms turned into, store-'
.fronts, they believe more allow-
:ance Could ,have been made for j
retail sales. They are likely to re-
turn to City Hall to seek changes. -,
In the meantime, the ordi-
nance is believed to be one that'
will allow home businesses --:
one of the economy's fastest
gr6tving sectors'— to take root
Fu-mly in the city. ��
']i recognizes that a lot ,of
people are working out of their t
homes, but that a lot of people -
still live in their homes, too. and
they should. be protected,' said
Councif Mcmber i.lsaMcDohald•
who helped push for some of the ti
morepennfssivelanguage.
,='Pat Scolt,'lie council mcrnber
who authored the measure; said
that' it isn't; regulation.:, Wc're-;
not licensing these businesses," ,
she sdid.:TWe're not subjecting
them Ind-iividually to sciutiny or
proscribini,What businesses they '
can or cannot do.
What the city is doing. Scott•
said. is creating a• backstop to
head off problems be€ore.they
start. "We really had no tools to'
deal with a business activity that'
presented's problem to its_resi- .
dential neighbor's."., She rioted "
that rieighhorhond.groups- had j
Respect : :,:•; _;,
.44.;•,
* Perhaps ,t�e blgges['advaiice;
for home -based liusinesses:`ac=:
cording to Anthony, was gaining
a hew respect.'UncI] a fewyears
ago, you . were treated as
someone who couldn't firid a'reai
iob,'he said. ' 0, 'r{?olk il,
;;Now a home -based business'-:
❑wner is very likely 4 be a iefu= `'
gee from corporate America:�'
FRIDAY; NOVEHfBEfi 211- j94
1, ...Z,s {�'�rrii
r.
as Z ilnneaoolis re:
Wi ri offic4ii,'itfs §§ ,e_ exit in
southMinneapnlis �r jjr: P; f
1 like'the'sinall scale, and l
iiki tieing on my own,' sill Ger-
I'•others are 3ncubai1ng bf%%cr 1
business dreams in their homes.
Accountant Kathy Blaiich:47; has
been building up her tax prep ara-
lion business' In the-Lynnhurst
neighborhood for 13 • years. -
'There's a reduced stress level '
when somebody 'is always
home." she •said, "But any4lme
you own your own business it's
more than an 8-to-5joh.' • '
is 8122/97
FAKED TO (kAME oFl COMMITTEE:
Z&P
r�:
PEADINO ANO FINAL ASSA .
//&z '/97
97-Or- 09 /
AN ORDINANCE
of the '. .
CITY OF
MINNEAPOLIS
Scott
presents the folowing ordinance:
Amending Title 20, Chapter 522 of the Minneapolis Code of Ordinances
relating to Zoning Code: In General.
The City Council of The City of Minneapolis do ordain as follows:
Section 1. That Section 522.205 of the above -entitled ordinance be amended to
read as follows:
522.205.. Home occupations. Home occupations shall be allowed accessory to
a dwelling, subject to the following:
(1) Purpose. Home occupation regulations are established to ensure that home
occupations will not adversely affect the character and livability of the surrounding
neighborhood and that a home occupation remains accessory and subordinate to the
principal residential use of the dwelling. The regulations recognize that many types of
home occupations can be conducted with little or no effect on the surrounding
neighborhood.
(2) Home occupation standards. Horne occupations shall be subject to the
following standards, except that licensed family day care and licensed group family day
care shall be exempt from the provisions of subsections (2) b., (2) a f., (2) k.; (2) I., eF4
(2) m. and 2 o:
a. The home occupation shall be an activity which is customarily associated
with the use of a dwelling.
b, n;
the GO-4 1 of the Only theresidents
of the welling unit _and not m reQ than nne f1 nonresident employee. -
shall be emtaloygd by or enQaaed in the conduct of the home ccaupallgn
on the premi. For th 4irpose of this subsection_ "nonresident
employee" shall include an employee, business partner, independent
contractor or other person affiliated with the home occupation who is not a
resident of the dwelling unit, but who visits the site as part of the horde
occupation. Not more than one ) nonres_ident em, Rloyee shall be
oeFmitted per dwelling unit or two-family dwelling, reaardless of the
n mber of hone occUPatign
CK-3M Rev. Z95
c. Exterior alterations or modifications that change the residential character
or appearance of the dwelling, any accessory buildings or the'zoning lot
shall be prohibited.
d, Interior alterations or modifications that eliminate the kitchen, living room,
all of the bathrooms, or all of the bedrooms of the dwelling shall be
prohibited.
e. The home occupation shall be conducted only within an enclosed area of
the dwelling, However beginning in the R4 zoning district, in
multiple -family dwellings of five (5) or more units the home occupation
may be allowed within a specific area of the principal building designated
for such home occupation by conditional use permit, as provided in
Chapter 525, Administration and Enforcement. In addition to the
conditional use standards, the planning commission shall consider, but
not be limited to, the following factors:
+ 1. Nature of the home occupation and its impacts of noise, light, odor,
vibration and traffic.
t+ 2. Conformance with applicable zoning requirements, including but not
limited to, yards, gross floor area, and specific development
standards.
4i- 3. History of complaints related to the property.
f. Outdoor storage or display of materials, goods, supplies, or equipment
related to the conduct of a home occupation shall be prohibited.
g. The required off-street parking area provided for the principal use shall not
be reduced or made unusable by the home occupation.
h. Signage shall be restricted to one non -illuminated, flat wall, identification
sign not to exceed one (1) square foot in area. On a corner zoning lot, two
(2) such signs, one facing each street, shall -be allowed.
i. No equipment, machinery or
materials other tlian of a type normally found in or compatible with a
dwelling shall be allowed.
j. No retail sale and delivery of products or merchandise to the customer or
client shall occur on the premises except where accessory to any services
provided (such as hair care products sold accessory to hair cutting, or
computer disks accessory to accounting services).
k. ' No home occupation shall be visible from any public right of way, except
for allowed signage.
I. The hours -open to the public shall be limited to between 049 8:00 a.m.
and 649 8:00 p.m.
M. !I;6l FWG iron GGF1 kiAq @19 iati @ oFyise &4a FI a liw.i{rsri �rt n tmites
cc��v'r rv-rrrc7ry
l
hras�ns.onirna{inrhe _a rr•OW4ak4 } the Gaw ..f 1__ f—A.,A. 11:.,..c. 1404
�1 [TL!! rA n']^l ulml lm of f mhrtr ��' [� }yam
V�7rrrv'rT1"'rTpYrTSYQT VT FV
Tho home Qcc� a i n hall no
generate_excessive customer or client traffic that is detrimental to the
residentiel Qharacter of sgrrnQingr r le r ft nei hborh v . For
purposes of this provision, more than five (5)_customers or clients per day
may be determined to be excessive arlo detrimental level of traffic.
This number shall a P-Ply pe r dwelIln nit reg ardless of the number of
home occupations, except that in the case of two (2) family dwellings the
number Shall arsnty to the two f2) family dwelling. The factors to be used
for such a determination shall include but not be limited to:
1._ The characteristics of the neighborhood._ including land uses; lot sizes
and lot widths.
2. StMet type, width and trafficvolumgs.
3. The availability and location of off-street parking and the extent to
which th§t home occupation contributes to on -street parking
congestion.
n. Shipment and delivery of products, merchandise or supplies shall be
limited to between 9:00 a.m, and 6:00 p.m. and shall regularly occur only
in single rear axle straight trucks or smaller vehicles normally used to
serve residential neighborhoods.
o. _ No sound or noise created by the operation of the home occupation stall
be audible bend the boundaries of the zoning lot.
P. -Hazardous materials in excess of consumer commodities which are
packaged for consurn2 n by individuals for cersonal care or household
use shall be prohibited.
(3) Prohibited home occupations. Recognizing that there are some uses which
have serious objectionable operational characteristics and thereby adversely affect the
surrounding neighborhood, the following shall be prohibited as home occupations:
a. Motor Vbhicle repair, servlce or palhting.
b. Barber shop or beauty salon which is designed to serve more than one
(1) client at a time.
c. The sale, lease, trade, or other transfer of firearms or ammunition by a
firearms dealer.
d. Regulated uses, as defined in Chapter 540, Business Districts.
#- Headquarters or dispatch centers where persons come to the site and
are dispatched to other locations.
(4) Compliance deadline. Home occupations not in compliance with
subsections (2) I., (2) m. or (2) n. above, shall be permitted as a lawful, nonconforming
use in accordance with the provisions of Chapter 531, Nonconforming Uses and
Structures, until S8Pte Ab@F 3019a7 April 1. 1998, when such nonconforming status
shall become unlawful.
f
RECORD-OF.CCIlNCI{;•:V.
- 1NDiCATES.V.OTE .
COUNCIL
MEMBER
AYE
NAY
NOT
VOTING
ABSENT
VOTETO
VERB
VOT@TO
SUSTAIN
COUNCIL
MEMBER
AVE
MAY
NOT
VOTING
ABSENT
VOTE TO
YERRIOE
VOTE TO
SUSTAIN
Dziedzic
Thurber
campben
I
McDonald
ak"at
I
A&M Ii
I
AainWe
Schulsted
Nik�Rd
Minn
Scott
p.;d
Chenyhomea
y
/`
i
Nar+an
�
PASSED NOV 21 1997 NOT APPROVED -� VETOED NOW 2 6 W7
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