6.3. SR 06-19-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Item Number
6.3
Agenda Section
Community Development
Meeting Date
June 19,2006
Prepared by
Jeremy Barnhart, Planning Manage~
Reviewed by
Scott Clark, Community Development
Director
Item Description
Conditional Use Permit to allow a home salon requested by
Tamela Thompson, Public Hearing Case No. CD 06-15
Zoning:
Adjacent
Zoning:
Ria SF residential
land Use: Low density residential
N -R1a
E - R1a
S - R1a
W -R1a
Adjacent
land Use:
N-LDR
E-LDR
S - LDR
W - LDR
60 Day Rule:Action must be taken on this request by June 24, 2006
Recommendation
Staff is recommending that the Planning Commission tecommend approval of the request,
subject to conditions.
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
CU 06-13
June 19, 2006
Page 2
Attachments
. Location Map
. Applicants Narrative, April 21, 2006
. Site Plan
Proposal
The applicant is proposing opening a cosmetology salon in the existing home. The applicant
states that the salon will be open by appointment only. Typical hours 9-8 M-F, with
occasional Saturdays.
Exterior modifications include construction of a separate entrance door on the south side of
the house. A sidewalk is proposed to lead from this door to a new 2 stall parking area off of
208th avenue.
The applicant has provided a short narrative of her request for further information.
No signage is proposed.
Analysis
Home Occupations are regulated by section 30-801 of the Elk River Code. To paraphrase,
Home Occupations are generally permitted, provided there is no visual, odor, nOlse, or
traffic impact on adjacent properties.
The Conditional Use permit is necessary because the applicant is exceeding the permitted
home occupation criteria:
. is proposing minor exterior modifications: addition of a separate door
. is providing additional off street parking
. the business will include the use of equipment not generally found in the
home.
The proposed home occupation is consistent with the employment, hours of operation, and
all other aspects of the home occupation criteria.
In staff's opinion, the addition of the door is a minor modification, with a negligible impact
on surrounding properties and on the character of the residential structure. 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.
Access. Parkina and Circulation
A cosmetology salon is typically not an uncommon home occupation, although the most
common complaint is the traffic generated and the need for off street parking. The use of
appointments and the plan to provide additional parking should offset that concern.
However, staff has some concerns with the parking lot location as proposed.
S:\PLANNING\Case Files\2006\CUP\CU 06-14 Tamela Thompson\CU06-14 CUP staff report to Coun~il.doc
CU 06-13
June 19, 2006
Page 3
The minimum setback for off street parking for non residential uses in residential zones is 10
feet. The parking area should be setback a minimum of 10 feet from the property line.
While two drives are permitted, the total width at the property line must not exceed 40 feet.
Additionally, the parking area should not impose on any existing or future septic areas.
Standards for Issuance of a Conditional Use Permit (Section 30.654)
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed
location:
1. Will not endanger, i,!jure or detrimentalfy a.ffect the use and e,!jqyment of other proper(y in the
immediate vicinity or the public health, sqfety, morals, comfort, convenience or general welfare of the
neighborhood or the city.
2. Wzll be consistent with the comprehensive plan.
3. Will not impede the normal and orderfy development and improvement of surrounding vacant
proper(y.
4. Will be seroed adequatefy by and will not adversefy a.ffect essential public facilities and semices
including streets, police and fire protection, drainage, refuse disposal, water and sewer .rystems, parks
and schools; and will not, in particular, create traffic congestion or inteiference with traffic on
acfjacent and neighboring public thoroughfares.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will
be detrimental to a'!)' persons or proper(y 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 ftature of mqjor
importance.
7. Will fulfy compfy with all other requirements of this Code, including a'!)' 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 discussion
The Planning Commission held a public hearing on June 13, 2006. Other than the applicant,
no one was there. to speak for or against the request.
Recommendation
On a 7-0 vote, the Planning Commission recommends approval of the request with the
following conditions:
1. Parking be setback a minimum of 10 feet from the property line
2. Maximum width of driveways at property line shall not exceed 40 feet.
S:\PLANNING\Case Files\2006\CUP\CU 06-14 Tamela Thompson\CU06-14 CUP staff report to Council. doc
CU 06-13
June 19, 2006
Page 4
3. Parking area, drive, or walks shall not encroach into existing or future septic
locations.
4. The building shall meet all building codes.
5. The building shall meet all fire codes.
6. The hours of operation shall not be between the hours of 10 p.m. and 7 a.m.
Council Action
Motion by _
Second by _
Vote
Follow Up
S,\PLANNING\Case Files\2006\CUP\CU 06-14 Tamela Thompson\CU06-14 CUP staff report to Council.doc
I
I
I
I
I
I
I
----+---
I
I
I
I
I
I
I
------+---
I
I
I
I
I
I
I I
+-----_\ +-
I \ I --
I SITE
I
I
I
I
I
I
I
_____~o.!!...LANp T~I:!..._
PAlRK
I
I
I
I
I
I
I
---+----
I
I
\ \\
\;\\\
I" "
I ", ",
I """"
I "
I I
-----+-------+---
I I
I I
I I
I I
I I
I I
I I
----+--------+---
I I
I I
Location Map
Case Number: CU 06-16
T AMELA THOMPSON
if
N
April 21 , 2006
Project narrative
I would like to open a Cosmetology salon in my home. The hours of operation would be
by appointment only, mainly between the hours of 9:00 a.rn. - 8:00 p.rn. Monday
through Friday, with an occasional Saturday. I will be the only Cosmetologist in the
salon. I am purposing to install an additional driveway/parking area to accommodate up
to two vehicles. Currently, our driveway has adequate parking. The only needed building
material for this project will be an entry door, which will be code. I will not have signage
out in front of the house, or anywhere else. It will be by appointment only, and referrals,
signs not needed. There will be some dirt needed to be hauled in for the purposed
parking stalls as well as a culvert for drainage. I believe this is everything.
Thank-you,
Tammy Thompson
f7<?b
/
/
...../...
N87~02'08" E /\
/) /
/ l/) '- ~
/ /jh i;j: I
C: r. /
/ ;j III
/ '.'I,Y /
I !
\1
I
DATE: 7/7/99
BK/PG:
DRAWN BY: CJW
CHECKED BY: DDP
REVISIONS:
1. Added
2. Added
.f::./'
}
id
V
Legend
I)
.
~
--------- TP
~
.clk
II]
I Iltl
---
I
I
I
. '''-1
~~.....,
.~,..;
I
/
Lot Certificate for Scott and Thompson
Lot 12, Block 2, GREENHEAD2ND ADDITION
Cit~ of EI~ ~er" Sherburne CountY)x!inne,~ot~
I . .' [~} () ':::J e ~ \- \ L l\,~ 'In"J \- .... . . \ .
b.c. ,{\e--r \(~~ ~~ ~r\~\ \
t,j s ~ ~... Iv "r;.::
\'\ ~ '"
~ \-\t,J
--------
c..., -I', f'f~.J'\-
~<.
I ( \
Top of IP
. I Elev. = 100.00
I~OO.OO,
I
I
Denotes Set 112" Iron Pipe
with LSI6095 Cap \
Denotes Found Iron Monument
Lv .. \-\;:)...1 \..
~j8
\ \ .
1""- 't-, r
/
~
\
Y
\
\
J!1i.L
>
Denotes Soil Boring
(elevations are assum~d)
Denotes Perk Test
I
I
/
I /
I _ A<r:5.
I ""- ~ ./
, / 'T'~
,
I "'-/
I ~
I ~ 0'0(/
II' 01'(. 101t- "-
0: 0,/ ~~ ~& "-
/, ~-s- &^- /"'/ I~
0-9 01'.'1/-5- S' I'~ .
I ~O's/6~ &/0 10(. ~-? )~
I 0' . '/ ~& ~
0,/ /'/ ~-? A) o/"
I 0' <)0 ~ olt-"/
<?;> 0& ~O ~I'
;:>~ '0~ &~'0
o '/(' ~
>p,'/I&
& '0&
Denotes Low Wet Area
Denotes Telephone Pedestal
Denotes Elevation mark
,./.
/
I
---..--- /
I
,
...../.. ,-- .-/-
I I
;-"'"
I
/.........
I
I
" .-,
I <
I
/
I
I
"/1
"/0,..
i
.... '",-
<0
/
/
J!!k.
Sf,
ol'e 6Y I 2
...... 1'1'0j,: ."J
erSe /
{ ,.~
"I "'C:
,. .........
1 ',Elev = 84.4
..~
\
\
\
\
\
\
\
\
\
\
\
\
I
I
rlO
I
L _ _ r.o _
"/(1
"
I
L...
,I
.lll1.
2.63 acres+/- /
i
114,956.9 sqft +/- I
_.1.'31' -- ---... I
.... <'~7
. '(J
"'-
/'\
/
Approximate Pond Shoreline-
\
Orainage and Utility Easements are shown
thus:
/
I
I
I
Pintail Pond
Protected Wetland No. 71-009W
i _ "" W\ \\ ~)'t,~~ N5 \' J
\N '-- ~ y":\ f" \';\
~8e;'I~"'C"o ~~~. k ~ 12
I
\
\
I
I 10-1
I I
I I
I _-.!.01_.J
I
I
I Being 10 feet in width and adjoining
I righ t- of- way lines, also being 10 feet in
;' width and adjoining lot lines, unless
otherwise indicated, as shown on the plat.
I
I
I
I
I
L- -..' -'
';',>
:'
\
I
I
I
~
//
107.4
-
I
/
//
/L
/
I
I
-
-
-
-
-
toac\<- Line
'\ding 5e _ -
8\.1\ .:---
- .ll!k
-
-
-
-
-
-
T-
0\
BENCHMARK:
Top of Iron Pipe located at the most
northeasterly corner of Lot 12, Block 2,
of GREEN HEAD 2ND ADDITION.
Elev. = 100.00
Elevations are assumed.
" ,
I I
, . f
LAND SURVEYING
CIVIL ENGINEERING
MAPPING
13076 FIRST STREET, BECKER, MN 55306
TEL: 612-261-2900 FAX: 612-261-2902
I hereby certify that this plan was
prepared by me or under my direct
supervision and that I am a duly
Registered land Surveyor under the
laws of the State of Minnesota.
BOGART, PEDERSON
& ASSOCIATES, INC.
Signed ik/IJ ~
Date: .ej4/41 Reg. No.1 6095
FilE NO.
99124.1
DRAWING FilE:
thomphouse. dwq