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HomeMy WebLinkAbout2012-03-01 OPH Ltr to Dave Belz Re Home Occupation Permit Amendment et City of Oak Park Heights 14168 Oak Park Blvd. N. Phone Extension: 1105 P.O. Box 2007 Email: jhultman @cityofoakparkheights.com Oak Park Heights, MN 55082 Phone: 651.439.4439 Fax: 651.439.0574 March 1, 2012 • Mr. David Belz Valley Floral Company 6188 Beach Road N. Oak Park Heights, MN 55082 Re: Home Occupation Amendment — 6188 Beach Road, Oak Park Heights Dear David, Enclosed herein and returned to you, please find the application you submitted for Home Occupation permit amendment and your check ( #6935) that accompanied it. As I noted in our phone conversation, after review of the application, it was determined that the change you propose in having retaiLcustomers to your residential home business for the purchase of floral arrangements was not permitted by City Ordinance 401.15.M. Home Occupations. I have enclosed the ordinance for your use and review. You will note that 401.15.M.3.a.10 states that no commodity shall be sold on the premises. If you would like to discuss this or any other section of the Home Occupation Ordinance, I invite you to contact me. • Sincerely, 1` il l Juli Hultman • PI ing & Code Enforcement Officer Enclosures City of Oak Park Heights 14168 Oak Park Blvd. Box 2007 Oak Park Heights, MN 55082 Phone (651) 439 -4439 — Fax (651) 439 -0574 www.cityofoakparkheights.com APPLICATION FOR A HOME OCCUPATION PERMIT Applicant qvi / &th. Phone # - Street Address: � ' / /'/� $' fjF�j,��> �j ,'Y i/ City 97IIGt���Lf G Zip 5 Z For application property: Street Address: L1 8/ r .`f iat 1 City11iWL,t'_. Zip Legal Description of the property: l Zoning District: , Is the property connected to the City water and sewer system? X Yes No 1 (If additional space is needed to adequately answer the following, please accurately • number and answer the responses on the back of these sheets.) Describe the home / occupation (type of home business) being proposed: `9o' - ( etri eu'1c CrrJ an"( pia,21 Describe the character of the existing surrounding property: r eS reetr -1 - haS 1. d h.(.Z. i/;1 'j�l � � .L1 �CZT�/�9 � S � Who is to be employed in proposed occupation? L )/ J Will any person(s) be employed that does not live at the occupation address listed in this application? Yes X No In what part of the structure will the occupation be located? b4SP/17e, d hak Pori h 2 How many customers will be served at one time? per-3 D n mV s4 12e(s; 7-?cs don- eve r- ; ah�n�. What are the intended days and hours of this occupation? /0-( Mon What service will this occupation provide? -Fresh is kx,-s a;, p /Z74-5 Is off street parking available? Yes No If yes, describe location, capacity and type of surface: ten mars = paivegleia -/- Will there be a need for street parking? Yes X No If yes, how much space will be needed? 3 Will the occupation require the use of an accessory building? Yes X No If yes, please justify the need of an accessory building and describe the facility: Will the home occupation require or involve any equipment not normally found in a dwelling unit? Yes No If yes, please describe the equipment: Will the occupation involve over - the - counter sale of merchandise produced off the premises? Yes X No If yes, please describe the merchandise to be sold: How long do you anticipate the occupation be carried on at this address? i'Y1C�f -r`ha� -e- I 4 How much of an investment in the premise is required for this occupation? If an investment is required, does it include alteration? Interior Exterior If so, Please describe the Na quired alteration: le Are other governmental licenses or permits required to legally conduct business in this occupation? Yes ✓ No If yes, please list the licenses and/or permits below: The City reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of Zoning Ordinance 40 1.15.M "Home Occupations." May the City inspect the premise during the application process? .< Yes No If no, please explain: 5 Is there any additional information regarding this application that the City should be aware of concernin g the occupation? /-m5 / __ b /,IS %/2f'..S S ' S do o/?.e e- r phme, S / - .);�, a1 12 li i i1c - r. — 1'6 r'S pe r41: � --k /o / , h7A i' a / e a, a /6('‘t.." By signing this application, I declare that I have read all applicable City Ordinances. I affirm that all 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. Date: c j / 2 _ of Applic: t Please Check One Fee shall be submitted with complete application. New: Special Home Occupation — Fee: $100 (Ordinances 401.03 & 401.15.M) New: Permitted Home Occupation — Fee: $ 25 (Ordinance 401.15.M) Home Occupation Renewal (Annual) — Fee: $ 15 6 401.15.M. Home Occupations. 1. Purpose. The purpose of this Section is to maintain the character and integrity of residential areas 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 health, safety and general welfare of the surrounding neighborhood. In addition, this Section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process. 2. Procedures and Permits. 2 a. Permitted Home Occupation. Any permitted home occupation as defined in this Ordinance, and subject to the performance standards of this Section, may be conducted solely within a single family detached dwelling (excluding attached garage space and /or any accessory structures). The permitted home occupation shall require a "permitted home occupation permit ". Such permits shall be issued subject to the conditions of this Section, other applicable City Ordinances and State law. This permit may be issued by the Zoning Administrator based upon proof of compliance with the provisions of this Section. Application for the "permitted home occupation permit" shall be accompanied by a fee as adopted by the City Council. If the Zoning Administrator denies a permitted home occupation permit to an applicant, the applicant may appeal the decision to the City Council. The permit shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this Section have been breached. An annual fee, as set by the City Council, will be charged to the applicant. At such time as the City has reason to believe that either event has taken place, a public hearing shall be held before the Planning Commission, following the procedural provisions of a conditional use permit in Section 401.03 of this Ordinance. The City Council shall make a final decision on whether or not the permit holder is entitled to the permit. b. Special Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this Section shall require a "special home occupation permit" which shall be applied for reviewed and disposed on in accordance with the procedural provisions of a conditional use permit found in Section 401.03 of this Ordinance. c. Declaration of Conditions. The City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this Section. d. Transferability. Permits shall not run with the land and shall not be transferable. e. Lapse of Special Home Occupation Permit by Non -Use. Whenever within one (1) year after granting a permit the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the City Council for a decision. 2 f. Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial unless a decision to reconsider such matters is made by not Tess than four -fifths (4/5) vote of the City Council. 3. Requirement- General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. a. General Provisions. 1) No home occupation shall produce light, glare, noise, odor, vibration, smoke, dust, heat, or hazardous or toxic material shall not be produced, stored, or kept on the premises that will in any way have an objectionable effect upon adjacent or nearby property. 2) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. 3) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. 4) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police • recommendations. 5) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site. 6) The home occupation shall meet all applicable fire and building codes. 12 7) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. 8) All home occupations shall comply with the provisions of the City Code. 9) No home occupation shall be conducted between the hours of 10:00 pm. and 7:00 am. unless said occupation is contained entirely within the principal building, excluding attached garage space, and will not require any on- street parking facilities. 10) No commodity shall be sold on the premises. 11) Not over twenty -five (25) percent of any one story can be used for a home occupation. b. Requirements- Permitted Home Occupations. 1) No person other than those who customarily reside on the premises shall be employed. 2) The general public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation. 3) All permitted home occupations shall be conducted entirely within the principal dwelling, excluding attached garage space, and may not be conducted in an accessory building. c. Requirements - Special Home Occupation. 1) No person other than a resident shall conduct the home occupation. 2) Special home occupations shall be limited to only those activities of a non - residential nature which are specified as allowed by state statute or regulation such as day care group nursery or which comply with Sections a and b above, but are conducted entirely within the principal building, attached garage space, or detached accessory building. 3) Special home occupations may be allowed to accommodate their parking demand through utilization of on- street parking. In such cases where on- street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number when and where changing conditions require additional review. 4. Non - Conforming Use. Existing home occupations lawfully existing on the date of this Ordinance may continue as non - conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than thirty (30) days, or is in violation of the Ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this Section. 5. Inspection. The City of Oak Park Heights hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed.