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7.3. SR 07-17-2017Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearings July 17, 2017 Chris Leeseberg, Senior Planner Item Description Reviewed by Conditional Use Permit: Home Occupation, Tiffany Zack Carlton, Planning Manager Smith Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the Conditional Use Permit (CUP) allowing operation of a home occupation, with the following conditions: 1. If the proposed work described in the application and CUP has not been substantially completed within two years after the permit’s date of issuance, the permit shall expire and become void. 2. If the authorized use ceases for more than six months, the CUP shall expire. 3. The applicant must apply for and receive approval for all required permits before any construction may begin. 4. No more than two salon client vehicles may be parked on the driveway. 5. Salon client parking shall be prohibited on Carson Circle. 6. Exterior signage shall not exceed two (2) square feet. Background/Discussion Case No. CU 17-16 The applicant is requesting a CUP to operate a hair salon at 19685 Carson Circle. The subject property is zoned single family residential (R1-c), is 0.4 acres in size, and is located on a cul-de-sac. Hair salons are an allowed home occupation with an approved CUP. The applicant will be the only employee and anticipates no more than two clients at a time on the property. There will be no exterior modifications to the home. The hours of operation are as follows: Tuesday/Thursday 12:00 p.m. – 8:00 p.m. Wednesday/Friday 9:00 a.m. – 5:00 p.m. Saturday 8:00 a.m. – 3:00 p.m. The driveway can accommodate 4-5 vehicles and with only two clients at a time there is enough parking available on the driveway. Staff is recommending no parking for the salon be allowed on Carson Court. The applicant is proposing a single two-square foot wall sign attached to the front of the house and visible from the street. Applicable Regulations Permitted home occupations are regulated by Section 30-801 of the Elk River City Code. To paraphrase, permitted home occupations are generally permitted, provided there is no visual, odor, noise, or traffic impact on adjacent properties and meet eleven criteria. The CUP is necessary because the applicant exceeds the permitted home occupation criteria of a business, which included the use of equipment not generally found in the home. The equipment used (specialty chairs, dryers, specialty sinks, etc.) while not commonly found in a home, is not likely to be detrimental to surrounding properties. However, all building codes must be addressed through the permitting process. The proposed home occupation is consistent with the employment, hours of operation, and all other aspects of the permitted home occupation criteria. 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 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. The use will be consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. There is no vacant property in the surrounding area. The use will not impede the normal and orderly development and improvement of surrounding vacant 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. 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. No new construction is happening for the proposed use. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. N:\\Public Bodies\\Agenda Packets\\07-17-2017\\Final\\7.3 sr1.docx 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 Summary No one spoke for or against the request and staff has not received any comments since the Planning Commission meeting. The applicant has no issues with the recommended conditions. The Planning Commission 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 July 29, 2017. Attachments  Location Map  Applicants Narrative  Floor Plan  Survey  Site Photo N:\\Public Bodies\\Agenda Packets\\07-17-2017\\Final\\7.3 sr1.docx City Council and Elk River Residents My name is Tiffany Smith and I'm here to request permission to open a salon from my home. I've been doing hair for 17 years and now I am also a mother of three. I would like to combine the two so that I'm able to be more flexible to my family, clients and community. Working from home would make it so much easier to be home for my kids and to continue the up keep of my home. I would like to have the working hours of Tuesday- Friday and the occasional Saturday. I would be the only person on staff. Hours varying : Tuesdays/Thursdays 12-8, Wednesdays/Fridays 9-5, Saturdays 8-3.Our home has ample parking in the driveway. We have a three care garage as well as the ability to park at least 4-5 other vehicles in the drive. At most I will only have 2 patrons visiting me at a time and they will be able to park in our driveway. Therefore there will be no clutter of additional cars in the cul de sac. I would like to have a sign attached to my home so that it will be visible from the street. No larger that 2sq ft. The signage would simply state the name of the salon 'The Hair Smith". I would also like to have an open/close sign hanging on my salon door. The salon has a separate entrance from the home itself and is secluded from the main street keeping it more private as to not disrupt the neighborhood. I know most of our neighbors very well and service many of their hair already where I currently work I hope to see many new faces as well! Thank you so much for your time and consideration! Tiffany Smith The Hair Smith 19685 Carson Circle NW Elk River, MN 55330 N Q 11 e Q I I R ADD PARS AT I�GE EXI5TINO A21-3 WINPON EX16TIN CATION WITH NEW 3'-d' DOJPLE POOR5 000 LOo 00 O It M LL-' 3-3 D N mm z G� �z m R.O. 4'-9" /0'-0 3/8„ ** SMART C- A55 W -A„ �R TRU55E5 � _ @ a, 0.G- a? Z b G m 4 1:- 4 O R.O. 7-Z X 6-0 3/8" ** SMART a -A66 ** IA' -d" I N Q RECEIVED MAY 3 0 2017 I a E WITW 4106P 6AP ADD PARS AT I�GE EXI5TINO A21-3 WINPON EX16TIN CATION WITH NEW 3'-d' DOJPLE POOR5 000 LOo 00 O It M LL-' 3-3 D N mm z G� �z m R.O. 4'-9" /0'-0 3/8„ ** SMART C- A55 W -A„ �R TRU55E5 � _ @ a, 0.G- a? 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