HomeMy WebLinkAbout1992 Home Occupation CUP Request (David Carr) - DENIED , .• N /1
CITY OF OAK PARK HEIGHTS
MINUTES OF MEETING HELD MONDAY, MAY 11, 1992
6:00 P.M. AGENDA: Portable signs were discussed and will be an
agenda item at May 26th council meeting.
6:15 P.M. AGENDA: Staff reports were reviewed. Full time
temporary building inspector was discussed with further
information to be acquired.
Call to order at 7:00 p.m. by Mayor O'Neal. Present: Seggelke,
Kern, Carufel, Doerr, Vierling, Anderlik and Wilson.
Clerk read public hearing notice, presented affidavit of
publication and mailing list for request from David Carr for a
Conditional Use Permit for a Home Occupation License. Mayor
called for comments and discussion ensued. Seggelke, seconded by
Kern, moved to close hearing. 5 aye votes. Hearing closed.
Carufel, seconded by Kern, moved to deny Home Occupation License
to Mr. Carr, based on the petition received by resident's in the
area. 5 aye votes. Request denied.
Julian Fenendael, Comstock & Davis, discussed the water line for
the Law Enforcement Center. Doerr, seconded by Carufel, moved to
direct City Engineer to compute hydraulics of existing water main
on Panama Avenue. Mayor O'Neal to accept project if approved by
City Engineer and Water Department. If not approved, water line
to be constructed on 62nd Street between Oxboro Avenue and Panama
Avenue as previously discussed. 5 aye votes. Carried.
Park Commission will meet at City Hall, Monday, June 1, 1992 at
6:30 p.m.
Seggelke, seconded by Kern, moved to hire the following park
attendants: Richard Smith, Tim Witzel, Matt Luchsinger, George
Klaas and alternate Rebbeca Schmidt. Salary is $4.50 per hour.
5 aye votes. Carried.
Carufel, seconded by Kern, moved to schedule a public hearing
Monday, June 8, 1992 at 7:00 p.m. on the proposal to amend the
City Code to include ordinance provisions dealing with soil
erosion and restrictive soils for building purposes. 5 aye
votes. Carried.
Doerr, seconded by Carufel, moved to adopt Resolution #92 -05 -21
increasing the minimum water charge by $1.30 per quarter due to a
state mandate for testing of water supplies. Roll call vote
taken with 5 aye votes cast. Resolution adopted.
ae
City Council Memblers of Oak Park Heights:
We, the undersigned neighbors, protest the request for a home occupation
license requested by Mr. David Carr of 1+787 North 56th Street.
In past years Mr. Carr has been performing repair work at all hours of
the day and evening which we have found very disturbing and unsightly.
This has been performed without a license. From this past experience
we know the noise and mess this type of work will generate.
We purchased our homes in this area as it was zoned a single family
residential area. We do not want our property values to devaluate which
they are certain to do if such a license is granted.
•
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CITY OF IJ
OAK PARK HEIGHTS APR 2 1992
14168 - 57th Street North
Oak Park Heights, Minnesota 55082 _a
NOTICE TO PROPERTY OWNER
•
A public hearing has been scheduled at the Oak Park Heights City Hall,
14168 North 57th Street on Monday, May 11 , 1992 at 7:00 p.m •
The purpose of the hearing is to consider development request appli-
cations for the property located at: 14787 North 56th Street
Lot 2,- Moak 5, Bite ke HeLght4 No. 2
The requests being considered are checked and identified below:
Rezoning •
Subdivision
XX Conditional Use Permit Fro/ a Homo nnriipntiiti Picen4e to do auto and smaP.P
engino n'pa,rh. 0
Variance
•
•
•
For information on the development request, please contact La Vonne
Wilson, City Administrator at 439 -4439 during regular office hours.•
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STATEMENT aces
THE COURIER
126 So. Second Street pk Z ? 1992
STILLWATER, MN 55082
(612) 430 -3037
Term.: Mel 30 Days. 1K% Per Month Will Added After 30 Days
DATE April 23, 1992
La Vonne Wilson, City Clerk
CITY OF OAK PARK HEIGHTS
14168 -57th St. No. Box 2007
Oak Park Heights, MN 55043 The Courier News, April 23, 1992
NOTICE OF PUBLIC HEARING
LEGAL PUBLICATIONS CONDITIONAL USE PERMIT
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY. MINNESOTA
Detach and Return This Stub With Remittance. Amount Remitted S NOTICE IS HEREBY GIVEN, that the City
Council of the City of Oak Park Heights, Wash-
ington County, Minnesota, shall conduct a pub -
DATE CHARGES AND CREDITS BALANCE lic hearing on Monday, May 11, 1992 at 7:00
p.m. or as soon thereafter as time permits.
Hearing to be held at City Hall, 14168 N. 57th
4/23/92 3" 03.00/CI- P . H . CUP David Carr $9.00 St., Oak Park Heights, MN., to consider a Con-
ditional Use Permit request for a Home Occu-
pation License, submitted by David Carr.
The real property affected by said applica-
tion is legally described as follows, to-wit
Address: 14787 North 56th Street
Legal Desaipdon: Lot 2, Block 5, Brekke
Heights No. 2
Proponents and opponents shall be heard at
Ns time.
Dated this 20th day of April, 1992.
BY ORDER OF THE CRY COUNCIL
/s/ a Vonne Wilson
La Vonne Wilson
City Administrator/Treasurer
4/23
The Courier News, Stillwater, MN 9A
A sus.�N c. fR Ot
t; tary PuJiir - Mi
. ashing
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te t un
V Notary Public � < ,
RATE INFORMATION
(1) Lowest classified rate paid by corn- (� 1
mercial users for comparable space.
(Line, word, or inch rate)
(2) Maximum rate allowed by law for the
above matter
(Line, word, or inch rate)
(3) Rate actually charged for the above
matter
(Line, word. or ince rate)
Received Payment 19
The Courier
By
~ CITY OF
OAK PARK HEIGHTS
14168 - 57th Street North
Oak Park Heights, Minnesota 55082
' NOTICE TO PROPERTY OWNER
A public hearing has been scheduled at the Oak Park Heights City Hall,
14168 North 57th Street on Monday, May 11 , 1992 at 7:00 o.m •
The purpose of the hearing is to consider development request appli-
cations for the property located at: 14787 No nth 56 -th Sttee.t
Lot 2, &acfz 5, BtceFzfze fie-ight.s No. 2
The requests being considered are checked and identified below:
Rezoning
Subdivision
XX Conditional Use Permit Fon a homy nrrnpatln Qineg6e to do auto and awl,
engine nopa,in.
Variance
•
•
For information on the development request, please contact La Vonne
Wilson, City Administrator at 439 -4439 during regular office hours.
•
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CITY OF
OAK PARK HEIGHTS
A MINNESOTA STAR CITY April 20, 1992
The Courier
126 South 2nd St.
Stillwater, MN 55082
Gentlemen:
Please publish the following the week of April 20, 1992.
NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY„. MINNESOTA
NOTICE IS HEREBY GIVEN, that the City Council of the City of Oak Park Heights,
Washington County, Minnesota, shall conduct a public hearing on Monday, May 11, 1992
at 7:00 p.m. or as soon thereafter as time permits. Hearing to be held at City Hall,
14168 N. 57th St., Oak Park Heights, MN, to consider a Conditional Use Permit request
for a Home Occupation License, submitted by David Carr.
The real property affected by said application is legally described as follows,
to -wit:
Address: 14787 North 56th Street
Legal Description: Lot 2, Block 5, Breeke Heights No. 2.
Proponents and opponents shall be heard at this time.
Dated this 20th day of April, 1992.
BY ORDER OF THE CITY COUNCIL.
C.L....".4
a onne Wilson
City Administrator /Treasurer
LW:jad
14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082 -2007
Phone: 612-439-4439 • Fax: 612-439-0574
/ ^
CITY OF OAK PARK HEIGHTS
MINUTES OF MEETING HELD MONDAY, APRIL 13, 1992
Call to order by Mayor O'Neal at 7:05 p.m. Present: Carufel,
Doerr, Kern, Vierling, Anderlik and Wilson. Absent: Seggelke.
Clerk read public hearing notice, presented affidavit of
publication and mailing list for variance request submitted by
Chris Amdahl. Mayor called for comment and discussion ensued.
Carufel, seconded by Kern, moved to continue hearing Monday,
April 27, 1992 at 7:00 p.m. in order to gather further
information. 4 aye votes. Carried.
Clerk read public hearing notice, presented affidavit of
publication and mailing list for request from Oak Park Partners
to amend the St. Croix Mall PUD for an addition of two theaters.
Mayor called for comments and discussion ensued. Doerr, seconded
by Carufel, moved to close hearing. 4 aye votes. Hearing
closed.
Carufel, seconded by Kern, moved to adopt Resolution #92 -04 -18
approving the amendment to the above PUD for Mall Theater
expansion, contingent on remarks from the City Attorney and
written engineering review. Roll call vote taken with 4 aye
votes cast. Resolution adopted.
Kern, seconded by Carufel, moved to award low bid for spring
street sweeping to Foss Sweeping Service to commence week of May
4, 1992. 4 aye votes. Carried.
Kern, seconded by Doerr, moved to schedule a workshop Wednesday,
April 29, 1992 at 7:00 p.m. to discuss the street improvement
project. 4 aye votes. Carried.
Kern, seconded by Doerr, moved to approve minutes of March 9th
and 23rd as presented. 4 aye votes. Carried.
Doerr, seconded by Carufel, moved to schedule a public hearing
Monday, May 11, 1992 at 7:00 p.m. for Home Occupation request
submitted by David Carr. 4 aye votes. Carried.
Carufel, seconded by Kern, moved to adopt Resolution #92 -04 -19
approving the payment for Professional Services for the bridge
issue out of the Closed Bond Fund. Roll call vote taken with 4
aye votes cast. Resolution adopted.
Carufel, seconded by Kern, moved to advertise for temporary park
employees and schedule interviews May 9, 1992 with appointments
to be made May 11, 1992. 4 aye votes. Carried.
i re ci A_: , -b a/tati 's 4,4
CHECK APPROPRIATE BOX: FEE:
( ) Amendment:
( ) Rezoning: $ 400.00 + 400.00 escrow
( ) Comprehensive Plan Amendment: 350.00 + 350.00 escrow
( 7Q Conditional Use Permit: 300.00 + 300.00 escrow
( ) Variance:
( ) Single Family: 150.00
( ) Other Residential, Carmerical and Industrial: 300.00 + 300.00 escrow
( ) Subdivision: 350.00 + 360.00 escrow
( ) Minor Subdivision (See Section 1.G., Sub. Ord.): 300.00 + 150.00 escrow
( )List reason for hardship.
( ) Planned Unit Development:
( ) Concept Plan: 700.00 + 1,000.00 escrow
( ) General Plan: 700.00 + 1,000.00 escrow
( ) Street Vacation: 100.00 + 100.00 escrow
Legal Description of Property: Address: 1y7 8 7 .Swie VIG
Lot(s) Block(s) Additions)
(If metes and bounds - attach description.)
Description of Request:
•
Applicant: Name: Phone: ( )
Address:
City: State: Zip:
Owner: (If other than applicant): Name:
Phone: ( ) Address:
City: State: Zip:
In signing this application, I hereby acknowledge that I have read and fully understand the applicable
provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further
acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all
scat rents received pertaining to additional application expenses.
Applicant Signature: (mt Date: g/
YOUR REQUEST WILL NOT BE SCHEDULED FOR PUBLIC HEARING OR CONSIDERATION BY CITY ADVISORY BODIES UNTIL
ALL REQUIRED INFORMATION HAS BEEN REVIEWED AND FOUND TO BE ADEQUATE BY CITY STAFF.
CITY OF OAK PARK HEIGHTS
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� CITY OF OAK PARK HEIGHTS, MINNESOTA
14168 57th Street North
439 - 4439
APPLICATION FOR A HOME OCCUPATION PERMIT
Name of Applicant: _a'W j (1 i:\Icki Carr Tel. # ‘-}?1;-CaLl
Street Address : }t--k 1■ ., � n Q1- City Oak rO(' )Z
�Z--
Address of the property for which this application is made:
\ L A 1 \,\ c (pm Wit. Par t/ He sk -3
Legal Description of the prope ty:
-° - �reK Ke - Neck * --
Zoning District: ' ,
Is the property connected to the City water and sewer system? X Yes
No
(If additional space is needed to adequately answer any of the following
-questions, answer on the back of the sheet, but please number your answer to
correspond with the questions.)
1. Description of the home occupation is as follows:
A. tit) r 'r acid smaC(. e;ro?ye repai
2. Describe the character of the existing surrounding property:
3,,) 4witly hzerpes
3. Who will be employed in this occupation:
4. Are there to be any person(s) employed who do not live at the address
of the occupation listed in this application? Yes No
5. . In what part of the principal dwelling structure will the occupation
be situated? ` C"i ('we
6. How many customers will be served at one Mime?
7. What are the intended days and hours of this occupation, and service
to the publid? P 0.1 9 61, —P , / /
40
8. Do you have off - the - street parking available? Yes No
If yes, describe location, capacity, and type of surface:
/l rinf _L 6-C +he »2 U L _
tc p .3br -(ac
9. Will there be a need.to use the City street for parking? Yes X Nc
If yes, how much parking space will be needed?
10. Will the occupation require the use of an accessory building?
Yes No
If yes, describe reason for the use of an accessory building and
describe the facility in detail:
11. Will the home occupation reqqire or involve any equipment not normally
found in a dwelling unit? AC Yes No
If yes, describe the equipment in detail:
CornP }_P
,�
12. Will the occupation involve the sale of merchandise over - the - counter
that is produced off the premises? j( Yes No
If yes, describe the merchandise to be sold:
"(°, / o
pr 5
•
13. How long do you anticipate the occupation will be carried on at this
address? c,ic or45
14. How much of an investment in the premise is required for this
occupation? Does this include any alteration? Interior
Exterior Describe: juo n . e. _,
15. Are there any licenses or permits that are required from any
overnmental agencies to legally conduct this occupation? Yes
No
If yes, list the licenses or permits below:
16. May the City inspect the premise during the time this application is
being considered by the 'City for approval? )(Yes No
17. Is there any additional information regarding this application and
occupation that you believe the City should be aware of when
considering this application? l,*�
N
By signing this application, I declare that I have read applicable City
Ordinances and that all of the information provided to the City of Oak Park
Heights on this application, or as a part thereof, is true and accurate to
the best of my knowledge.
. 9
Date. � � "/ 19 1--
Signature of Applicant
•
401A HOME OCCUPATIONS
401A.01 Purpose. The purpose of this ordinance is to define
and regulate Home Occupations so that such occupations
are not likely to cause nuisance or hazard to the
•
neighborhood. This ordinance is not intended to limit
or discourage Home Occupations except as they are
• likely to infringe upon the rights of others.
401A.02 Allowed Uses. All types of Home Occupations are
allowed except those restricted to commercial or
business zoning districts within the City as provided
in Section 401.09, 401.10, 401.11 and 401.12 of the
Zoning Ordinance of the City of Oak Park Heights.
'Examples of occupation to be allowed as Home
Occupations within the City of Oak Park Heights are
those of art studio, dressmaking, special offices of
clergymen, architect offices, engineer offices,
accountant offices, attorney offices, real estate agent
appraiser offices, day care or group foster home or
other similar uses which have no storage or
merchandise, are service orientated, have no retail
sales of goods on the premises, and do not generate
vehicular traffic in excess of an amount normally
experienced in residential districts.
401A.03 Prohibited Activities. The following restrictions
shall apply to all Home Occupations within the City of
Oak Park Heights.
• a. Home Occupation shall be carried on only by the
members of the family residing within the dwelling
unit.
b. There shall be no exterior storage of equipment or
materials used in the Home Occupation.
c. There shall be no visual evidence of the Home
Occupation outside of the principal or accessory
structure in which is located.
d. Objectionable noise, vibration, smoke, dust,
electrical disturbances, heat, glare or hazardous
or toxic material shall not be produced, stored or
kept upon the premises. Any waste disposed of in
the sewer system shall not create or cause a
g reater volume than that which is normally
• generated by a single - family residential dwelling.
160
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e. There shall be no on -site advertising allowed. -
f. The Home Occupation shall not cause internal or
external alterations of substance to the dwelling
• unit nor shall it involve construction features
not customarily found in single- family residential
dwellings.
g. There shall be no retail sales allowed on the
premises.
40IA.04 Parking. No Home occupation shall be permitted which
generates more than two cars on- street arki ng' Off-
g
i street parking spaces must be in a garage, apron
or d There shall be no more than four off-
street parking spaces.
401A.05 Conditional Use Permit Required. The fee owner of a
residential dwelling in which a Home Occupation is
proposed to be conducted shall be required to obtain a
Conditional Use Permit from the City of Oak Park
Heights before engaging in any such occupation or
before allowing such occupation to take place upon the
premises. Conditional Use Permit shall be applied for
in the manner set forth within Section 401.16 of the
Zoning Ordinance of the City of Oak Park Heights.
Conditional Use Permits for Home Occupations granted by
the City of Oak Park Heights shall be reviewed annually
by the City Council, at which time the applicant's
compliance shall be reviewed and modifications of any
condition set forth within the Conditional Use Permit
may be made by the City Council.
161
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401A.06 Enforcement, Suspension /Revocation, Abandonment and /or
Discontinuation of Home Occupation. The Zoning
Administrator and /or the City Council of the City of
Oak Park Heights may from time to time request of any
applicant and /or any person conducting a Home
Occupation, verification that the Home Occupation is
being conducted in a manner consistent with this
Ordinance. The City Council may suspend or revoke any
Conditional Use Permit or Certificate of Compliance for
violation of any provision or condition of this
Ordinance. Suspension and /or revocation of the
Certificate of Compliance or Conditional Use Permit for
Home Occupation shall be preceded by written notice to
the applicant /fee owner providing an opportunity to be
heard before the City Council at a special or regular
meeting thereof. Notice shall be given at least eight
18) days in advance of the time and the place of
hearing which shall also be specified therein and shall
also state the nature of the violation(s) alleged. The
City Council may without any advance notice,
temporarily suspend any Conditional Use Permit pending
the hearing on revocation or suspension for a period
not to exceed thirty (30) days.
t •
401A.07 Effective Date. '
This Ordinance shall take effect and be in full
force from and after its passage and publication
according to law.
Clerk Mayor
Passed by the City Council: March 10, 1980
•
Published: May 9, 1980
162
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