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4.1. PCSR 09-27-2022Request for Action To Item Number Planning Commission 4.1 Agenda Section Meeting Date Prepared by Public Hearings September 27, 2022 Chris Leeseberg, Senior Planner Item Description Reviewed by Charity Dellwo of JC Styles Hair Salon – Zack Carlton, Community Development Director 329 Morton Ave. NW Reviewed by Conditional Use Permit for a Home Occupation (beauty salon), Case No. CU 22-13 Action Requested Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The building shall be inspected by the city building official and fire marshal to verify visible compliance with commercial building, electrical, plumbing, and fire codes and identified visible violations must be addressed prior to issuance of new building permits for the property. 2. An amendment to this Conditional Use Permit will be required for future expansions/additions. 3. Four (4) customer parking stalls shall be provided a minimum of 5 feet from side and rear property lines. These stalls are not to be used for personal vehicles during business hours. 4. City approved turf be established by June 1, 2023, in the right- of-way areas outside of the maximum 30’ driveway width. 5. All driving areas and parking areas shall be paved with an approved surface (asphalt, concrete, or class 5). 6. All driving areas and parking areas shall be bounded by B612 concrete curb and gutter. 7. Follow Minnesota Pollution Control Agency guidelines for chemical waste and secondary runoff controls. 8. A minimum 440 square of accessory structure needs to receive a Certificate of Occupancy prior to the Conditional Use Permit being recorded and the salon being operated. Background/Discussion The property is zoned R-1c (single family residential) where home occupations operated in an accessory structure require a Conditional Use Permit (CUP). The applicant is seeking a CUP to operate a two-station hair salon in her existing attached garage. The attached garage is the only garage on the property and converting it to a salon will make the property non-conforming as the ordinance requires residential homes to have a minimum 440 sq. ft. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 (20x22) garage. To have the property maintain conformance, a new appropriately sized garage will need to be built and receive a certificate of occupancy prior to the applicant being able to operate the salon, if approved, in the existing converted garage space. As of September 20, 2022, they began digging for a 24’ x 24’ detached accessory structure. The property was going to be reviewed for a second CUP for an outdoor storage construction business (CU 22- 20) but the applicant has withdrawn that application as they are closing the business. Public Comments Staff received two letters, one email, two voicemails, and had two phone conversations regarding the proposed project. The concerns received/discussed during the phone calls are outlined below:  Construction business not approved  Construction material/equipment in back yard  Dumpster on property for months  Parking on the lawn in the past – Class 5 has been installed  Increased traffic on streets – Especially with events occurring in downtown  Chemical & fuel storage – Safety for persons and property. Is there a worry about the spread of fire?  Vehicle noise along with minibike and ATV use  General appearance/condition of the property  Commercial uses moving into the residential area As for the non-approved construction business, staff informed the applicant a separate CUP will be required for the business to continue, and they submitted a CUP application (CU 22-20) on August 29, 2022. Again, this request has been withdrawn. Applicable Regulations for a Home Occupation Hair Salon In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. 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. While this application is for a home occupation in a residential zone, the use operates no differently than a commercial business in a commercial zone. The building code does not differentiate between a business operating in a residential zone to one being run in a commercial zone. This indicates all building permits, except for single family dwellings, need to have plans signed by a registered architect or register professional engineer. This then requires the building to meet all applicable building, electrical, plumbing, and fire codes and subsequent inspections and enforcement. This is where chemical and ventilation concerns would be addressed (see standard #7 below). The applicant was encouraged to reach out to the building department regarding what building codes may be required. Staff recommends full compliance with all commercial building, electrical, plumbing, and fire code requirements. 2. Will be consistent with the comprehensive plan. The property is guided Mixed Residential which consists of neighborhoods with multiple housing types, including single-family detached, townhomes, duplexes, and small-scale multi-family buildings. Residential uses allow for home occupations, with some uses requiring a CUP providing due process for the neighbors. The request is consistent with the comprehensive plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The subject parcel is in the older part of the downtown area and there is no vacant property in the area. The use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff does not see a need to impose specific conditions to satisfy this standard. 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. The ordinance limits driveway widths at the front property line to 30-feet wide. Staff does not see a need to impose specific conditions to satisfy this standard. 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. Traffic concerns are frequently raised during land use requests like this, and staff is recommending that four parking stalls (2 current customers + 2 waiting customers) be provided onsite to ensure 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. Again, chemical and ventilation concerns would be addressed through the permitting process. Staff does not see a need to impose specific conditions, that already have not been, to satisfy this standard. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. As the request is proposed in an existing structure, the use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 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. Again, while this application is a home occupation in a residential zone, the use operates no differently than a commercial business in a commercial zone. The building code does not differentiate between a business operating in a residential zone to one being run in a commercial zone. The building code and city ordinance state a home occupation in a residential district needs to follow all the same building, electrical, plumbing, and fire codes and regulations a commercial business needs to in a commercial zone. Section 30-83 (c)(1) states: With each application for a building permit, and when required by the building official for enforcement of any provisions of this article, two sets of plans and specifications shall be submitted… Section 30-83 (c)(2) states: All plans and specifications, except for single-family dwellings, or any other buildings exempted by Minnesota Statute or the Minnesota State Building Code, shall be prepared and signed by a registered architect or a registered professional engineer duly qualified by registration as required by Minn. Stats. § 326.02. This indicates all building permits, except for single family dwellings, need to have plans signed by a registered architect or register professional engineer. This then requires the building to meet all applicable building, electrical, plumbing, and fire codes and subsequent inspections and enforcement. Staff recommends full compliance with all commercial building, electrical, plumbing, and fire code requirements. 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. Financial Impact None Mission/Policy/Goal  Responsibly grow  Ethical, efficient, and responsible  Help, not hinder citizen quality of life  Reflect the culture of citizens and what is important to majority Attachments  Location Map  Applicant’s Narrative  Site Plans  Garage Plans/Elevations  60 Day Extension Letter 13065 Orono Parkway Elk River, MN 55330 Phone: 763.635.1000 www.ElkRiverMN.gov September 22, 2022 Charity Dellwo 329 Morton Ave NW Elk River, MN 55330 RE: 60-day review extension for CU 22-13 Dear Mrs. Dellwo: On July 25, 2022, the city received your completed Conditional Use Permit application for hair salon home occupation located at 329 Morton Ave, Elk River, MN. State Statute requires a decision by the city within 60 days of this application. The Statute also allows the City to extend the timeline an additional 60 days if necessary. Due to the request making the property non-conforming if a minimum 440 square foot accessory structure was not constructed, and the Planning Commission’s extension of their review, the City is extending the 60-day timeline to November 22, 2022, to allow that structure to be permitted. The city expects the Planning Commission to review the Conditional Use permit on September 27, 2022, and with a recommendation from the Planning Commission, the City Council will review the application on October 17, 0222. Please feel free to contact me if you have any questions. Sincerely, Chris Leeseberg, Senior Planner Ph: 763.635.1033 cleeseberg@ElkRiverMN.gov