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7.1. SR 08-15-1994 r ! ~\.( ( )! 1ft< River AGENDA ITEM 7.1. MEMORANDUM TO: MAYOR AND CITY COUNCIL TROY LANGER, PLANNING INTERN+ AUGUST 15, 1994 SUBJECT: CONDITIONAL USE PERMIT REQUEST PAUL BEHL, PUBLIC HEARING, CASE NO. CU 94-25 FROM: DATE: 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 I LAND USE R-lC (Single Family Residential) I MR (Medium Density Residential) ATTACHMENTS Report to the Planning Commission dated July 26, 1994 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 driveway area at any given time for the purpose of the business. The P.O. Box 490 · 13065 Orono Parkway. Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Behl, CUP August 15, 1994 Page 2 . applicant intends to operate approximately eight (8) hours a day, five (5) days a week with the hours of operation not extending beyond 9 a.m. to 10 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 entrances 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 operation. Mter 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 will occur. Although, with cooperation of the Behl's neighbors, the property could possibly be further subdivided. If a portion of the Behl's property along hehl. troy Behl, CUP August 15, 1994 Page 3 . 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 alleviate 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. PLANNING COMMISSION RECOMMENDATION During the Planning Commission meeting, commissioners commented on the difference between the definition of an employee and a person that works at the hair salon. Planning Commission recommended approval of the conditional use permit to operate a hair salon on the bases of staffs memo with the exception of the first condition. Staffs recommendation was to only allow Ms. Behl as the only person allowed to work in the hair salon. The Planning Commission recommended that this condition not be included in the conditional use permit. Under the home occupation permit ordinance, the above mentioned hair salon would be allowed one additional employee from outside the residence, and the Planning Commission recommended this would be sufficient. Planning Commission approved this recommendation, with the alterations to staffs recommendations, by a 4-2 vote. . hehl. troy Behl, CUP August 15, 1994 Page 4 . 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. 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. . hehl.troy ! ~\.( ( )! .II}( River AGENDAITEM5.1 @@~fr' MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: TROY LANGER, PLANNING INTERN ~ JULY 26, 1994 DATE: 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 I LAND USE R-IC (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 · l6l21 +4\-7420 · Fax: (a12) -1,-1\-7-1:5 Behl, CUP July 26, 1994 Page 2 . 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. Mter 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 hehl. troy Behl, CUP July 26, 1994 Page 3 . 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. . hehl. troy Behl, CUP July 26, 1994 Page 4 . 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. . . hehl.troy - /'> ~~~ OrY .' , , . h"g , __~ ,J- -_.J<>:~::~' !~'" --~....... , - .~. .' PARK ~ ~ - ..-:-;-- '~'''':-:. ~..-' . "I '".~ . _. . , ..._--~-- f:~-'_': -. --. H " ! .c-'- , , 1-; t.-: -, ...,., , .rb .r, , , . ORONO <0::::::. LOCATION MAP City of't.;J ElK, CASE CU 94.25 "1$. @) h- '------ . ~ ... ~..--~ :- i ""';"" I :IUUUI ." ! ,." , :~,t>~ -C.: '~l 'n n ' n "'.-. m~'.., . nnT n" "T-1~r~ if / ,---. I~ i " I -:--;._,.~--~""-=-~ : j.i"f-':::j.) t. i'" ~'. :~':~''{''0l~'''!'~~--;;;::'~-=-'~~ff:;~~. /:. i. '~< -1""\!--f=, ". 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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