5.1 PCSR 07-26-1994 Pk/ —\.
eity of AGENDA ITEM 5.1
Elk
River
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: TROY LANGER, PLANNING INTERN
DATE: JULY 26, 1994
SUBJECT: CONDITIONAL USE PERMIT
REQUEST PAUL BEHL, PUBLIC
HEARING, CASE NO. CU 94-25
REQUEST
Paul Behl has submitted an application for a conditional use permit to
operate a home occupation for a hair salon from their current residence. Mr.
Behl is proposing to add a twenty-four (24) foot by twenty (20) foot addition
(480 square feet) onto the current house that would allow for the operation of
• the home occupation.
LOCATION
18198 Ogden Street, Elk River, MN (Lot 5, Block 4, Sandpiper Estates Two)
ZONING / LAND USE
R-1C (Single Family Residential) / MR (Medium Density Residential)
ATTACHMENTS
Location Map, Zoning Map, Survey Map, Site Plan for Proposed Addition,
Letter from Mrs. Behl, and City Code
ANALYSIS
The applicant proposes to operate a hair salon and sell hair supplies from the
proposed addition attached to their existing home. Mrs. Behl is the only
employee anticipated to be working in the hair salon and all customers are
anticipated to have appointments before arrival at the salon. Adequate
• parking for the proposed business should be available in the driveway area of
the residence. The applicant expects no more than two (2) cars parked in the
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
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900 . 25 - HOME OCCUPATIONS
1 . Purpose . The purpose of this subsection is to prevent
unfair competition with business districts and to provide a
means through the establishment of specific standards and
procedures by which home occupations can be conducted in
residential neighborhoods without jeopardizing the residential
character or health, safety and general welfare of the
surrounding neighborhood. In addition, this subsection is
intended to provide a mechanism enabling the distinction
between permitted home occupations and conditional or
customarily "more sensitive" home occupations , so that
permitted home occupations may be allowed through an
administrative process rather than a Quasi-Judicial hearing
process .
2 . Prohibited Activities . No home occupations (permitted
or conditional ) shall :
a. Constitute a fire hazard to neighboring residences,
adversely affect neighboring property values, or
constitute a nuisance or otherwise be detrimental to the
neighbors because of excessive traffic, noise, glare,
odor, electrical interference, vibration, dust and other
nuisance or safety hazards .
b. Adversely impact governmental facilities and
services, including roads, sanitary sewer, water, storm
drainage, garbage service, police and fire.
c. Adversely affect sensitive environmental features
including lakes, surface and underground water supply and
quality, wetlands, slopes, flood plains and soils, or
other factors as found relevant by the City.
d. Involve the use of hazardous materials or activities .
e. Involve any of the following: body shops , machine
shops, welding, ammunition manufacturing, flea markets,
motor vehicle repairs or sale, or escort business or other
adult oriented businesses as defined by this ordinance, or
other objectionable uses as determined by the City Council .
3 . Permitted Home Occupations . Permitted home occupations
shall be issued subject to the conditions of this Section,
other applicable City Ordinances and State Law. A permit for a
permitted home occupation may be issued by the Zoning
Administrator or his agent based upon proof of compliance with
the provisions of this Subsection. Application for the
permitted home occupation permit shall be accompanied by a fee
as adopted by the City Council by resolution from time to
time. If the Administrator denies a permitted home occupation
permit to an applicant, the applicant may appeal the decision
pursuant to the provisions of Section 900 . 42 . Permitted home
occupations are subject to the following criteria:
9 . 88
Behl, CUP Page 2
July 26, 1994
•
driveway area at any given time for the purpose of the business. The
applicant intends to operate approximately eight (8) hours a day, five (5) days
a week with the hours of operation not extending beyond 9:00 a.m. to 10:00
p.m.
Hair supply products will be delivered to the house via United Parcel Service
(U.P.S.) during U.P.S. delivery hours. The applicant anticipates
approximately one (1) delivery per month. Because Mr. Behl is proposing to
build an addition to the house for the purpose of the home occupation, they
must proceed through the conditional use process.
The conditional use permit process for a home occupation is required when
additions are proposed for the home occupation use. Typically, all home
occupation code requirements would still apply, but with the conditional use
permit process, it allows the City to add specific conditions to the proposal to
help ensure that the addition to the home will still preserve the residential
character of the neighborhood. According to City Code requirements this of
type of proposal would be allowed, assuming that all City Code and Building
Code requirements were met.
• The proposed addition to the housing structure meets City Zoning Code
requirements in relation to setback requirements. The proposed addition is
being shown to have two (2) separate entrance's and exits to the outside and
one (1) entrance to the inside of the house. Because of the extreme addition
proposed for a hair salon, this home occupation request may be one of the
more intense the City of Elk River has reviewed. Although the applicant is
proposing to be the only employee of the hair salon, given the size of the
proposed addition, there is the potential for this business to become a larger
and more intense of an operation. After reviewing the proposed floor plan of
the addition, the above mentioned hair salon has similar characteristics to
other hair salons located in commercially zoned districts. Approximately four
(4) seats have been designated for clients in the reception area, two (2) chairs
being indicated for the styling area ,two (2) seats for a backwash area, and
two (2) seats for hair drying.
Sand Piper Estates and Sand Piper Estates Two are areas that are being
proposed to be serviced with municipal sewer and water in the very near
future. Both subdivisions were platted with the intent that the lots could be
subdivided in the future when public sewer and water were made available.
The lot under consideration has approximately one hundred fifty (150) feet of
frontage along Ogden Street. The current location of the house without the
• proposed addition makes it difficult to subdivide this parcel further, but with
the new addition it becomes very unlikely that future subdivision of this lot
behl.troy
Behl, CUP Page 3
July 26, 1994
III
will occur. Although, with cooperation of Mr. Behl's neighbor's, the property
could possibly be further subdivided. If a portion of Mr. Behl's property along
with a portion of a neighbor's property were subdivided, it may create a
potential buildable lot for development. Staff is of the opinion that if future
subdivision of this lot is to be preserved, the proposed addition should be
properly located. The subdivision of the lot for further development becomes
increasingly difficult with the addition as proposed.
STAFF PROPOSAL
Because of the unique circumstances associated with this particular request,
staff perceives the preservation of the residential neighborhood
characteristics as being extremely important. In order to preserve the
residential neighborhood a condition could be attached with this particular
conditional use permit request. That condition could allow a total of only one
(1) employee. This request would include that no other residents and/or
outside employee's be allowed to work in the hair salon, either for monetary
value compensation, or free labor. In a home occupation permit that does not
require a conditional use permit, the resident would be allowed one
additional employee from outside the place of residence, but in this particular
•
situation, staff believes that allowing extra employees may generate
additional customers and therefore, not be in the best interest of the
neighborhood. This is to help elevate the potential for a larger scale
commercial activity to occur in a residentially zoned district. Please refer to
City Code Section 900.25 1. Purpose, which relates to the purpose of a home
occupation.
RECOMMENDATION
Staff recommends approval of the conditional use permit to operate a hair
salon at 18198 Ogden Street as a home occupation with the following
conditions:
1. ONLY ONE (1) EMPLOYEE IN TOTAL BE ALLOWED TO
WORK IN HOME OCCUPATION.
2. HOURS OF OPERATION BE AS PER CITY CODE.
3. NO EXTERIOR STORAGE RELATED TO THIS BUSINESS
SHALL BE ALLOWED.
4. SIGNAGE BE LIMITED TO TWO SQUARE FEET AND
•
ATTACHED TO THE DWELLING.
behl.troy
Behl, CUP Page 4
July 26, 1994
•
5. THE USE IS SUBJECT TO AN ANNUAL REVIEW BY STAFF
TO ENSURE THAT THE INTEGRITY OF THE RESIDENTIAL
NEIGHBORHOOD IS MAINTAINED.
6. IF STAFF RECEIVES COMPLAINTS REGARDING THIS USE,
THE USE MAY BE SUBJECT TO IMMEDIATE REVIEW.
7. THE NEW ADDITION MEET ALL CITY BUILDING CODE
REQUIREMENTS AND CITY CODE PERFORMANCE
STANDARDS.
•
•
behl.troy
LOCATION MAP
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, CAS= CU 94-25
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River-P... Box 400 . 13065 Orono par'. -:'Nay • Elk River,
MN 55330 (611) 4t-11-77420
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HOUSC
SITE PLAN
FOR PROPOSED ADDITION
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