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7.2. SR 10-17-2016Request for Action To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearings October 17, 2016 Chris Leeseberg, Senior Planner Item Description Reviewed by Conditional Use Permit for Home Occupation Zack Carlton, Planning Manager 19776 Gary Street NW - Shelly Liestman Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the Conditional Use Permit to operate a dog grooming business at 19776 Gary Street with the following conditions: 1. Prior to recording the Conditional Use Permit, the city’s Building Official and Fire Marshal shall inspect the building for compliance with all state and local building codes. The inspection and abatement of all concerns must be completed by December 17, 2016. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. If the proposed work described in the application and Conditional Use Permit has not been substantially completed within two years of the Conditional Use Permits date of approval, the permit shall expire and become void. 4. The Conditional Use Permit shall expire if the authorized use ceases for more than six months. 5. The applicant must apply for and receive approval of all required permits before any construction may begin. 6. The hours of operation shall be 8 a.m. – 4 p.m. Tuesday-Saturday. 7. Signage shall not exceed four square feet. 8. There shall be no customer parking on the street. 9. No more than four customer vehicles shall be parked in the driveway. 10. With the exception of transferring from a vehicle to the facility, customer’s dogs (or other) shall not be allowed outside. 11. All customer’s dogs shall be leashed or kenneled when outside. 12. If a dog is barking, all facility windows must be closed. Background/Discussion Case No. CU 16-23. The property is zoned R1-a where home occupations for dog grooming require a Conditional Use Permit (CUP). The applicant seeking the CUP will operate a dog grooming facility in an attached accessory structure. Analysis Comprehensive Plan The Comprehensive Plan guides the property as Residential with a focus on Rural Residential uses outside of the Urban Service Area. City ordinances allow home occupations in residential districts. The use will be consistent with the comprehensive plan. Hours of Operation The business will be open between 8 a.m. and 4 p.m. Tuesday-Saturday. The maximum number of people working there at one time will be two. Signage The applicant proposes to hang a small metal sign from their mailbox and install a vinyl sign in the front window. The window sign cannot exceed four square feet per ordinance. Transportation/ Circulation The driveway will be used for customer pickup and drop off with no allowance for long-term parking. There appears to be enough space on the driveway to provide parking for 3-5 standard sized vehicles. Landscaping Because all of the adjacent homes are screened from the subject site by natural screening, the applicant does not propose to install any additional landscaping for screening. There will be no outdoor storage for this building. Applicable Regulation The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The site is adequately screen and the activities will occur within an accessory structure. The use will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. 2. Will be consistent with the comprehensive plan. The property is guided for residential uses that allow various home occupations. The use will be consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The surrounding area is fully developed. The use will not impede the normal and orderly development and improvement of surrounding vacant property. The applicant owns most of the adjacent property. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The use will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. Although additional traffic will be added to area, it should be of a capacity that the development can handle. The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The use will fully comply with all other requirements of this code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Planning Commission Meeting During the public hearing, a neighboring property owner was concerned about the possibility of dogs running loose outside. Staff informed the property owner that Condition #12 states: All customer’s dogs shall be leashed or kenneled when outside. Condition #11 also states: With the exception of transferring from a vehicle to the facility, customer’s dogs (or other) shall not be allowed outside. A violation of either of these conditions may result in the revocation of the CUP authorizing the use. The applicant has no issues with the recommended conditions. The Planning Commission had no comments or concerns and unanimously recommended approval of the request. Financial Impact None Statutory Review Period Per State Statute §15.99 the required 60-day review period ends on October 21, 2017. Attachments  Location Map  Applicant’s Narrative  Site Plans  Architectural Plans 13 %NY6 Project Narrative: We are proposing to build a grooming shop at our home. The hours of operation will be 8am-4pm Tuesday—Saturday. The maximum number of people working there at one time will be 2. Customers will use our driveway for pickup and drop off and there will be no longer term parking. We do not propose to screen the site as it is on our property and there is natural screening (Trees/bushes) around the proposed location. The proposed building materials will be a combination of steel/wood 2x4's, sheetrock, siding and standard roofing materials all meeting applicable design/construction standards. It will be constructed similar to a detached garage with it's own septic tank system . Our purposed signage will include a small metal sign hanging from our current mailbox and a sign in the front facing window made out of vinyl. There will be no outdoor storage for this building. �f Ua w 209 "- OFF, ---___setback i No lam -f Ua w 209 "- OFF, ---___setback i No lam Beac®n' Sherburne County, MN t Z 1- r lY Q 75-499-0230 75-499-0140 kit _ 0 1 !75-499-0150 x e� 75-499-0232 Stift � 0. Overview Legend ❑ Townships Roads Plats Parcels Parcel ID 75-499-0230 Alternate ID n/a Owner Address n/a Sec/Twp/Rng 20-33-26 Class 201 -Residential lunit Property Address 19776 GARY ST NW Acreage 1.1 ELK RIVER District ELK RIVER CITY Brief Tax Description n/a (Note: Not to be used on legal doc unents) Disclaimer: Every attempt has been made to ensure that the information contained on this ueb site is wild at the time of publication. Sherbume Countyreserves the right to make additions, changes, or corrections at anytime and without notice Additionally, Sherburne County disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies and is not responsible for misuse or misinterpretation. Data is updated periodically. For the most current information contact the appropriate county department. Disclaimer for 5t Cloud Parcels: Sherburne County information about St Cloud properties are limited to classification and value. Any questions regarding additional information please contact the City of St Cloud's assessor office. Date created: 8/21/2016 L♦ Developed by Schneider The Schneider Corporation tiy� p- o* p t_ Y (J N C, &X i sn NG, G k--C�E- C'