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HomeMy WebLinkAbout2013-12-10 CC Packet Enclosure Oak Park Heights Request for Council Action 8 Meeting Date December 10th,2013 Time Required: 5 Minutes Agenda Item Title: Consider Amendment to City Ord.401.15 M—Home Occupations Agenda Placement Public Hearings. Originating Department/Re. st' c J s •. o Ci Administrator Requester's Signature f Action Requested See bel��.r. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): As discussed by the City Council on November 26th, the Council was amenable to consider an amendment to City Ord. 4014.15 M as it relates to Home Occupations, specifically 401.15 M 3 c. The Council had discussed the possibility of expediting this process so that a subsequent applicant for a Home Occupation Permit would have standing to seek such permit and apply for review. As such the Council desired to hold the public hearing (not the Planning Commission) and take action on the matter the same evening; For both the amendment and the Permit. Staff did error as this ordinance amendment, because it is a zoning code amendment must have a public hearing and be brought before the Planning Commission. Because the hearing dates were changed, at this juncture the City Council should open the public hearing, take comments ON THE PROPOSED ORDINANCE AMENDMENT, if any and then continue the hearing by the Planning Commission on Dec. 12th. At the Dec 12th Planning Commission, the Commission may perform its standard review and offer a recommending resolution for the Council to consider on Dec 26th for final adoption if desired. Enclosures: 1. Memo from the City Planner dated Dec 4"'2013 2. Proposed Ordinance Language Change 401.15 M 3 c 3. City Council resolution—(to be formally considered on Dec 26th) 4. Draft Planning Commission Resolution(to be considered on Dec 12th) Page 27 of 148 Tpc3601 Thurston Avenue N,Suite 100 Anoka, MN 55303 Phone:763.231.5840 Facsimile: 763.427.0520 TPC @PlanningCo.+com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: December 4, 2013 RE: Oak Park Heights—Home Occupation Standards—Zoning Ordinance Amendments TPC FILE: 236.01 — 13.07 Background As you are aware, Sarah Bell has proposed a home occupation for a cosmetology salon at her residence located at 13930 55th Street North. The criteria within Section 401.15.M of the Zoning Ordinance specifies that this type of home occupation is a Special Home Occupation requiring a conditional use permit. Ms. Bell has applied for the conditional use permit and supplied the necessary fees and materials for the review. In reviewing the Zoning Ordinance, Staff has noticed an issue in the language related to requirements for Special Home Occupations. It does not allow for the general public to come to the premises pertaining to the conduct of the home occupation. As a result, clients could not come to Ms. Bell's house for services. This was not the original intent of the Ordinance when it was amended in 1998. A Special Home Occupation was created to allow a more intensive type of home business where the general public, on a limited basis, could come to a residence. Because a Special Home Occupation requires a conditional use permit, reasonable conditions can be placed on this type of request so that there is no burden placed on the neighborhood. The proposed change in language is found as attached. Planning CommissionlCity Council Action The Planning Commission and City Council should determine if the Special Home Occupation section of the Zoning Ordinance should be changed to allow the public to come to a residence for the purposes pertaining to the conduct of the home occupation. A draft recommending resolution of the Planning Commission as well as an approval City Council Ordinance has been provided as attached. Page 28 of 148 December 4, 2013 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 y 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. 1 Page 29 of 148 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 less 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 i home occupation may be parked on the site. 2 Page 30 of 148 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 a • ities of a non-residential nature which are sped -• - - _ - • by state statute or regulation such as day - e grou• urs 0 which comply with Sections a and b a••ve (except for •.2), ut are conducted entirely within the prin ipal building, attached garage space, or detached accessory buildin• 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. 3 Page 31 of 148 4) The general public shall be permitted to come to the premises in question for purposes pertaining to the conduct of the home occupation. 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. 4 Page 32 of 148 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2013- AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE, TO ALLOW THE PUBLIC TO VISIT A RESIDENCE FOR THE PURPOSES PERTAINING TO THE CONDUCT OF A SPECIAL HOME OCCUPATION THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.15.M.3.c Requirements—Special Home Occupation of the Zoning Ordinance is hereby amended as follows: 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 (except for b.2), 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) The general public shall be permitted to come to the premises in question for purposes pertaining to the conduct of the home occupation. SECTION 2. The Planning Commission of the City of Oak Park Heights held a public hearing at a December 10, 2013 meeting, took comments from the public, and recommended that the City Council approve the amendments as provided in this Ordinance. SECTION 3. This Ordinance shall be in full force and effect upon its passage and publication. Page 33 of 148 PASSED this 10th day of December, 2013 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 1 Page 34 of 148 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL A ZONING ORDINANCE AMENDMENT TO SECTION 401.15.M3.c. TO ALLOW THE PUBLIC TO VISIT A RESIDENCE FOR THE PURPOSES PERTAINING TO THE CONDUCT OF A SPECIAL HOME OCCUPATION WHEREAS,City Staff requested that the Planning Commission consider an Ordinance amendment to Section 401.15.M.3.c of the Zoning Ordinance to allow the public to visit a residence for the purposes pertaining to the conduct of a special home occupation,and having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The Planning Commission has reviewed the Zoning Ordinance and has determined that an amendment to Section 401.15.M.3.c of the Home Occupation regulations related to allowing the public to visit a residence pertaining to the conduct of a special home occupation is justified and follows the original intent of the Zoning Ordinance;and 2. City Staff prepared draft Zoning Ordinance amendments which were reviewed by the Planning Commission;and 3. The Planning Commission held a public hearing at a December 10,2013 meeting,took comments from the public and recommended amendments to the Zoning Ordinance as found as follows;and 4. Section 401.15.M.3.c of the Home Occupation regulations of the Zoning Ordinance, is recommended to be amended to include the following. The proposed language is found in bold print: 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 Page 35 of 148 comply with Sections a and b above (except for b.2), 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) The general public shall be permitted to come to the premises in question for purposes pertaining to the conduct of the home occupation. NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The Zoning Ordinance is amended to allow the public to visit a residence for the purposes pertaining to the conduct of a special home occupation specified above;and B. Copies of the recommended Zoning Ordinance amendment are on file at City Hall. Recommended by the Planning Commission of the City of Oak Park Heights this 10th day of December 2013. Jennifer Bye,Chair ATTEST: Eric A. Johnson,City Administrator 2 Page 36 of 148