5.5. SR 02-22-2005
Item # 5 . 5 .
MEMORANDUM
TO: Mayor and City Council
FROM: Chris leeseberg, Planner ~
DATE: February 22, 2005
SUBJECT: Case No. CU 04-41
Request by Angie Westermeyer for a Conditional Use Permit
to Operate a Hair Salon
Request
The applicant is requesting a Conditional Use Permit to operate a hair salon out of her
home.
location
13808 213th Ave
Lot 6, Block 2, Windsor Park yd Addition
Zoningl land Use
R1a (Single Family Residential) / RR (Rural Residential)
60 Day Rule
In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be
taken on this request by February 26, 2005.
Attachments
.
Location Map
Applicant's Narrative
Letters from Bogart, Pederson & Associates, Inc.
Excerpt from Chapter 7080 MPCA Individual Sewage Treatment Systems Program
Survey
Floor Plans
.
.
.
.
.
City Council / CU 04-41
February 22,2005
Page 2
Overview
The planned hair salon will be for a single station providing hair services to an established
clientele numbering around 150 persons.
There will also be an area for an aesthetician to provide such skin services as: facials, waxing,
and micro dermabrasion.. This person will be working as an independent contractor on a
part-time basis with current and outside clients.
The applicant will be selling retail items such as shampoo, conditioner, styling products, and
styling tools.
Analysis
The home is located on an approximately 18,000 square foot lot. The property is within a
cluster development that has a shared septic system.
The proposed salon will be located in the applicant's basement and will be separated into
three areas consisting of the salon, a supply/work area and an aesthetician room. The salon
will have a separate entrance at a walk-out patio door.
The hours of operation, by appointment only, will be:
Tuesday - 12:00-8:30 p.m.
Wednesday - 12:00-8:30 p.m.
Friday - 9:00-5:00 p.m.
Saturday - 8:00-2:00 p.m.
It is anticipated that no more than two client vehicles will be on the premises at anyone time
and clients will park in the driveway. There is sufficient parking available in the driveway to
meet the parking needs of the business and the residents. Parking for the business shall not
be allowed on the street.
No signage is proposed.
Staff Site Plan Review Meeting
At the staff site plan review meeting, the concern was raised that the home is part of a
cluster development with a shared septic field. The concern was that this request could
adversely affect the other residences in the development. If the septic system were to be
contaminated/ destroyed by the chemicals, it would be a problem for the entire
development, not just the applicant.
Staff asked the applicant to obtain a letter from the Windsor Park Third Home Owners
Association in regards to the request. A letter from Jon Bogart, of Bogart, Pederson &
Associates, was provided which recommended that a separate holding tank be installed with
S:\PLANNING\Case Files\2004\CU 04-41 Westermeyer\CU 04-41_CC.doc
City Council / CU 04-41
February 22, 2005
Page 3
direct connections to the sinks and basins which would be utilized exclusively for the salon
operations. This holding tank would not be connected to the shared drain field and would
need to be pumped on a regular basis. This recommendation was made considering the
potential for the release of toxic, hazardous waste into the community septic system above
and beyond the normal concentrations of wastewater produced in a typical household.
Standards for Issuance of a Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed
location:
1. Will not endanger, if!}ure or detrimentallY ciffect the use and ef!}qyment 0/ other property in the
immediate viciniry or the public health, sqftry, morals, comfort, convenience or general weffare 0/ the
neighborhood or the ciry.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderlY development and improvement 0/ surrounding vacant
property.
4. Will be seroed adequatelY i?Y and will not adverselY ciffect essential public facilities and seroices
including streets, police andjire protection, drainage, refuse disposal, water and sewer [Jstems, parks
and schools; and will not, in particular, create trqffic congestion or intetftrence with trqffic on
acfjacent and neighboring public thoroughfares.
5. Will not involve uses, activities, processes, materials, equipment and conditions 0/ operation that will
be detrimental to af!)l persons or property because 0/ excessive trqffic, noise, smoke, fumes, glare,
odors, dust or vibrations.
6. Will not result in the destruction, loss or damage 0/ a natural, scenic or historic feature 0/ mqjor
importance.
7. Will fullY complY with all other requirements 0/ this Code, including af!)l applicable requirements
and standards for the issuance 0/ a license or permit to establish and operate the proposed use in the
ciry.
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 Actions
One of the conditions of the request at the Planning Commission meeting was that a
separate holding tank be provided for the hair salon as recommended by Jon Bogart, of
Bogart, Pederson & Associates. The Planning Commission questioned if the site conditions
would allow for a second holding tank. Staff stated that the holding tank would need to
meet all building and setback requirements, and would look into what these requirements
are.
5 triff Update
After checking into the building requirements, it was concluded that holding tanks are an
alternative system and not typically allowed. There are exceptions for allowing a holding
tank, when no other system is possible (a last resort application), but there is an existing
S:\pLANNING\Case Files\2004\CU 04-41 Westermeyer\CU 04-41_CC.doc
City Council / CU 04-41
February 22, 2005
Page 4
functioning system for this lot, the community septic system. Staff would therefore
recommend that the applicant provide the Windsor Park Third Home Owners Association
documentation that the chemicals/dyes in use will not adversely affect the shared septic
system. Also, the applicant should obtain written permission from the Windsor Park Third
Home Owners Association allowing the use of the shared septic system in regards to the
request.
There were no public comments.
The Planning Commission unanimously recommended approval of the request, which
included a recommendation of a holding tank.
Recommendation
Staff and the Planning Commission recommend the City Council approve the request with
the following conditions:
1. The applicant shall provide the City of Elk River written permission from the
Windsor Park Third Home Owners Association allowing the use of the shared
septic system in regards to the request.
2. The salon shall comply with all Building Code requirements.
3. The applicant shall meet all state licensing requirements.
4. If additional work stations or equipment are to be added, the applicant shall
apply for an amendment to the Conditional Use Permit.
5. There shall be no parking for the business allowed on the street.
S:\pLANNING\Case Files\2004\CU 04-41 Westermeyer\CU 04-41_CC.doc
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Location Map
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Case Number: CU 04-41
ANGIE WESTERMEYER
12/23/04
Home Occupation Narrative
The planned home occupation is a hair salon with a single station, providing hair
services to established clientele. My clientele base consists of over 150 persons, allowing
a small, successful business venture without encroaching on the activities of neighboring
residents of Windsor Park 3rd Addition. Clients will be seen on an appointment-only
basis.
The business plan also includes having room for an aesthetician to provide such
skin services as: facials, waxing, and microdermabrasion. She will be working as an
independent contractor on a part-time basis with current and outside clients.
I will be selling retail items in the salon. This retail will include shampoo,
conditioner, styling products, and styling tools.
Hours of Operation - Covers 33 hours per week, with the aesthetician working 2-3
business days.
Tuesday - 12:00-8:30 p.m.
Wednesday - 12:00-8:30 p.m.
Friday - 9:00-5:00 p.m.
Saturday - 8:00-2:00 p.m.
Parking
Clients may park in the driveway of the home, or on the street as needed. As this
business will be by-appointment only, it is anticipated that no more than two vehicles will
be on the premises at anyone time.
Business Address
13808 21~th Ave. N.W.
Lot 6 Block 2
Windsor Park 3rd
Jan,18.2005 9:13AM
Bogart, Pederson & Assoc.
No.6242 P.2
Bogart, Pederson
& Associates, Inc.
LAND SURVEYING
CIVIL ENGINEERING
MAPPING
Becker
13076 F"1tSt Slreet
Becker. MN 55308
Phone: 763/262-8822
Tom free: 8881210-8301
F'ax: 7631262-<'l844
January 17,2005
Angie Westcnneyer
13808 2 13th Ave; NW
Elk River, MN 55330
RE: Windsor Park III Septic
Dear Mrs. Westcrmeyer
It has come to o'ur attention that you have applied for a conditional use permit for an in-home
salon at your residence serviced by an existing connection to the community septic system. of Windsor
Park 3rd Addition. At your request I have reviewed the effects that could stem from the introduction of
typical beauty salon supplies into the community septic system that not only services not only your
residence, but all of the residences within the plat of Windsor Park. Considering the potential for the
release oftox.ic, hazardous waste into the community septic system above and beyond the normal
concentrations ofwastewatcr produced in typical households, I recommend that a storage holding tank
be installed with a direct connection to the sinks and basins which will be used exclusively for salon
operations"
If you have any questions, please feel free to give me a call.
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Jon Bogart, P .E..
cc Chris Lecscberg
1
Bogart, Pederson
& Associates, Inc.
LAND SURVEYING
CIVIL ENGINEERING
MAPPING
Becker
13076 First Street
Becker. MN 55308
Phone: 763/262-8822
Toll free: 888/210-8301
Fax: 763/262-8844
Febuary 15,2005
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Angie Westermeyer
13808 2 13th Ave. NW
Elk River, MN 55330
RE: Windsor Park III Septic
Dear Mrs. Westermeyer
It has come to our attention that you have applied for a conditional use permit for an in-home
salon at your residence serviced by an existing connection to the community septic system of Windsor
Park3rd Addition. At your request I have reviewed the effects that could stem from the introduction of
typical beauty salon supplies into the community septic system that not only services not only your
residence, but all of the residences within the plat of Windsor Park 3RD Addition. Considering the
potential for the release of toxic, hazardous waste into the community septic system above and beyond
the normal concentrations of wastewater produced in typical households, I recommend that a storage
holding tank be installed with a direct connection to the sinks and basins which will be used
exclusively for salon operations that include the use of toxic or hazardous salon chemicals. General
salon operations that include non-toxic or non-hazardous salon chemicals may be introduced into the
community septic system.
!fyou have any questions, please feel free to give me a call.
Sincerely,
~~
Greg Bowles, P.E.
cc Chris Leeseberg
1
48
7080.0172 ALTERNATIVE SYSTEMS
71
..
.
Subp. 2. Privies.
A Pit privies shall not be installed where the bottom of the pit is less
than three feet above saturated soil or bedrock. A vault privy shall be used
in areas not meeting the three'-foot separation. The vault of a vault privy
shall be constructed in the same manner as a sewage tank under part
7080.0130, subparts 1 and 4.
B. Privies shall be set back from surface waters, buildings, property
lines, and water supply wells as required under part 7080.0170, subpart 1,
item F, Table IV.
e. Pits or vaults shall have sufficient capacity for the dwelling they
serve, but shall have at least 25 cubic feet of capacity.
D. The sides of the pit shall be curbed to prevent cave-in.
E. The privy shall be constructed so as to be easily maintained and
insect proof. The door and seat shall be self-closing. All exterior openings,
including vent openings, shall be screened.
F. Privies shall be adequately vented.
G. When the privy is filled to within one foot of the top of the pit, the
solids shall be removed. Abandoned pits shall have the solids removed
and be filled with clean earth and slightly mounded to allow for settling.
Removed solids shall be disposed of according to part 7080.0175, subpart 6.
) Subp. 3. Holding tanks.
A Holding tanks for new construction are prohibited unless approved
by the permitting authority, with a monitoring and disposal contract .
signed by the owner and a licensed pumper. The contract must guarantee
the removal of the tank contents prior to overflow or any discharge.
B. A holding tank shall comply with the requirements of part
7080.0130, subparts 1 and 4.
e. A cleanout pipe of at least four inches diameter shall extend to the
ground surface and be provided with seals to prevent odor emissions and
exclude insects and vermin. A maintenance hole of at least 20 inches in
least dimension shall extend through the cover to a point within 12 inches,
but no closer than six inches, below finished grade. If the maintenance hole
is covered with less than six inches of soil, the cover must be secured to
prevent unauthorized access.
D. For a dwelling, the minimum size shall be 1,000 gallons or 400
gallons times the number of bedrooms, whichever is greater. For other
establishments, the minimum capacity shall be at least five times the
average design flow. Tank sizing for floodplain areas shall be calculated in
accordance with subpart 1, item G.
E. Holding tanks shall be located in an area readily accessible to the
pump truck under all weather conditions as specified for septic tanks in
part 7080.0170, subpart 1, item F, Table IV; and where accidental spillage
during pumping will not create a nuisance.
F. The owner shall maintain a contract for disposal and treatment of
the septage with a pumper, municipality, agency, or firm established for
Subpart 1. Genera
components must be m
manufacturerrequirem
Subp. 2. Frequenc:
sewage treatment syste
case less frequently thaJ
A assess whether 1
depth and whether sew
leak through visual evi{
B. measure or reme
grease and other floatin
compartment along wit
water.
Subp. 3. Removal t
A Septage shall be
compartments in which
below the bottom of the
layer is less than three i.J:
B. Removal of accu:
the maintenance hole.
e. If no maintenane
owner's agent shall inst<
accordance with part 70:
maintenance to take pIal
owner's agent refuses to
the licensed pumper mu
owner's agent that the 0
procedures and the reaSI
Subp. 4. Toilet was
shall operate a toilet waE
manufacturer's requiren
toilet waste treatment dE
not be to surface waters,
to the environment or pl
under local ordinance. F
septage disposal must ill
that purpose.
G. Holding tanks 1
accidental sewage over
Mechanical or electrica
at 75 percent capacity.
STAT AUTH:MSE
7080.0175 MAINTI
08/18/2004 07:54
6124271021'l
PAGE I'll
. CERTIFICATE OF SURVEY
SWENSON LAND SURVEYING, INC.
RONALD J. SWENSON
ftE~RED lAND SURVEYOR
14980 Waco Street
Ramsey, Minnesota 55303
TELEPHONE
(763) 427-1020
SURVEY FOR:
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JJtJMES
. Denotes Iron Monuments Found
o Denotes Iron Monuments set
S~I.1Inch equals~teet
Book p.c. Page
Invoiee No. 4740
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PROPOSED GRAPES
TOP OF FOUNOATON = 954.5
GARAGE FLOOR ~ 954.0
LOWEST FLOOR ~ 946.4
DENOTES EXISTING ELEVATION X900.00
DENOTES PROPOSED E~EVATION (900.0)
DENOTES SURFACE DRAINAGE ------->
I ~ereby certify that th;~ ie a true and correct representation
of a.. survey of the. boundaries of;
L.ot 6,.Block 2, WINDSOR PARK THIRD ADDITION. Sherburne county,
Minnesota. .
. It does purport to show improvements or encroachments, if anY. As.
SUJ:{Od bYmet~f Aug"st; 2004.
swen..~ t~YeYin9' Inc.
Ronald J. Swenson, Prof.SSiOnal Land S"rveyor, MN. L.icense No. 13297
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