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HomeMy WebLinkAbout2013-12-10 CC Meeting Packet Enclosure I X ` Oak Park Heights Request for Council Action 9 Meeting Date December 10th,2013 Time Required: 5 Minutes Agenda Item Title: Conditional Use Permit—Home Occupations In-Home Hair Salon at 13930 55th street N. Agenda Placement Public Hearings / Originating Department/Req - tt o hnson,Ci Administrator Requester's Signature Action Requested See bel 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 26a', 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 C.U.P., if any and then continue the hearing by the Planning Commission on Dec. 12t. At the Dec 12t 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 41h 2013 -Including Application Documents. 2. Draft Planning Commission Resolution(to be considered on Dec 12th) 3. City Council resolution—(to be formally considered on Dec 26th) Page 37 of 148 3601 Thurston Avenue N,Suite 100 Anoka, MN 55303 Phone:763.231.5840 T c Facsimile: 763.427.0520 TPCC+?PianningCo.corn MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: December 4, 2013 RE: Oak Park Heights—Conditional Use Permit for a Special Home Occupation Permit to Allow an In-Home Hair Salon at 13930 55th Street North TPC FILE: 236.05— 13.01 BACKGROUND Sarah Bell has made an application for a Conditional Use Permit (CUP) to allow an in- home hair salon at 13930 55th Street North. The request requires a CUP in that beauty salons are considered a special home occupation. The review of this request is contingent upon a Zoning Ordinance amendment to clarify the language in Section 401.15.M related to home occupations. The property is zoned R-1, Single Family Residential District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Narrative from Sarah Bell Exhibit 2: Application for a Home Occupation Permit Exhibit 3: Salon License Application Exhibit 4: Picture of 13930 55th Street North PROJECT DESCRIPTION The applicant has requested the conditional use permit to open an in-home hair salon. Ms. Bell's narrative indicates the following: "I am asking if I can apply and get a home occupational permit to open a hair salon business in my home and if traffic volume will be allowed. There will be no more that 1- Page 38 of 148 2 customers at a time. I will offer hair services and some product retail items to my clientele. The name of my salon will be ChromaLox. ChromaLox will be in a portion of my residence where all standards and codes will be met by both the City and State." The salon will be located in the living room of the structure. Within the state license materials, a diagram is included that shows the plan for the salon. She notes that there would be one to two customers at a time and would be open Monday to Saturday with hours between 8:00 AM to 9:00 PM. There is a three stall garage with a large driveway for parking. She has indicated that she may add a separate entrance and sidewalk if required. The changes to the structure will require a building permit. ISSUES ANALYSIS Comprehensive Plan: The property is designated as low density residential in the Comprehensive Land Use Map. The request for a Special Home Occupation is consistent with the Comprehensive Plan policies related to low density land use. Zoning: The property is zoned R-1 Single Family Residential District. Section 401.15.M addresses home occupations. A hair salon would require a Conditional Use Permit in that it qualifies under the criteria of a Special Home Occupation. Currently this section of the Ordinance does not allow persons to come to a residence for services offered by a home occupation business. This is an issue within the wording of the Ordinance that was not the original intent. Special Home Occupations are set up to require the public hearing and the CUP in order to consider allowing a limited number of customers to come to the residence. A public hearing has been scheduled to make the necessary Ordinance change. That hearing will be conducted prior to the hearing for the CUP. Please see the separate memo on this issue. The criteria for reviewing home occupation requests are as follows: 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 Page 39 of 148 Comment: The hair salon should not create any issues such as those listed above. 2) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. Comment: The equipment should not create any issues with electrical interference. 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. Comment: The hair salon will be secondary to the residential use. There will be no change to the residential character of the neighborhood. 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. Comment: The dwelling changes proposed are consistent with the single family design of the structure. 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. Comment: There will be no exterior storage of equipment and materials. 6) The home occupation shall meet all applicable fire and building codes. Comment: The home occupation will be required to meet all fire and building codes. i2 7) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. Comment: The applicant shall provide sign plan that will be consistent with the Ordinance and subject to approval of City Staff. 8) All home occupations shall comply with the provisions of the City Code. Comment: The hair salon will be required to comply with City Code. 3 Page 40 of 148 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. Comment: The proposed hours are 8:00 AM to 9:00 PM. 10) No commodity shall be sold on the premises. Comment: The applicant has proposed selling a limited amount of product. The Planning Commission and City Council should comment. 11) Not over twenty-five (25)percent of any one story can be used for a home occupation. Comment: The total amount of area that the salon will occupy is about 200 square feet. The applicant should identify the size of the portion of house that the salon will be located. c, Requirements-Special Home Occupation. 1) No person other than a resident shall conduct the home occupation. Comment: The applicant which is a resident of the home will be the only person doing 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. Comment: The salon is regulated by the state. The salon business will be done entirely within the 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. Comment: There is adequate room in the driveway to accommodate the one to two customers that may be at the salon at any one time. 4 Page 41 of 148 Conditional Use Permit Criteria: The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: Most of the issues listed above have been adequately addressed in previous review. The Planning Commission and City Council should consider the overall neighborhood impact to determine if there are any issues in this area. There are other similar home occupation hair salons in Oak Park Heights that have not created issues for the neighborhood. CONCLUSION/RECOMMENDATION Upon review of the request for the Conditional Use Permits, City staff would recommend the Conditional Use Permit to allow an in-home hair salon at 13930 55th Street North with the following conditions: 1. Any changes to the structure to accommodate the home occupation shall be compliant with all Building and Fire Code requirements subject to review and approval of the Building Official. 2. Only residents of 13930 55th Street North shall be allowed to work at the in-home hair salon. 3. The Applicant shall receive and maintain all required state licensing for the business. 4. The Applicant shall provide a sign plan, in compliance with Section 401.15.G of the Zoning Ordinance and subject to approval of a sign permit. 5. There shall be no exterior storage of materials as it relates to the business. 5 Page 42 of 148 6. The home occupation business shall be conducted between the hours of 10:00 PM and 7:00 AM. 7. The Planning Commission and City Council should comment on the request to sell products related to the home occupation business. 8. The Applicant shall identify the amount of area the salon will occupy in the residence. 6 Page 43 of 148 EXHIBIT 1 City of Oak Park Heights, I am asking if I can apply and get a home occupational permit to open a hair salon business in my home and if traffic volume will be allowed.There will be no more than 1-2 customers at a time.I will offer hair services,and some product retail items to my clientele.The name of my salon will be ChromaLox.ChromaLox will be in a portion of my residence where all standards and codes will be met by both city and state. Thank you, Sarah Bell 13930 55th St N Oak Park Heights,MN 55082 651-955-6095 Page 44 of 148 EXHIBIT 2 CITY OF OAK PARK HEIGHTS +DEVELOPMENT APPLICATION 14168 Oak Park Boulevard 6' P.O. Box 2007 Base Fee: 10 Oak Park Heights, MN 55082 Escrow Amount 0 R (651)439-4439 Fax: (651)439-0574 Street Location of Property 15960 5 5 St . Legal Description of Property PIIJ 05.029 . 20. 41,_0094) g'ilce. Hilts 08.8n . * Owner: Name Sara1rk ge I\ Address: • • '�",�►V City: L f 1 h+S State: _�Lfl\ Zip:SSQ&4- - Telephone: (Home)tf), 1 3t U-135BBusiness)_tJS.t=9SS`I O9€ (Fax) (Other) _ * Applicant: Name..- — __.-9> 'Ll i'-' -� Address:_,l„,, 43 D 5S Sfi_._. ..._._ City: . t State: m Zip:._SSO g'rg Telephone: (Home) S I 139 c)(Business). t QS t SS-Lg 0 9S (Fax) ___... (Other) - Type of Request(s) Zoning District Amendment Home Occupation Conditional Use Permit Site Plan Review Variance: Single Family Residential PUD: Amendment Variance: Other Residential/Commercial/Industrial ___PUD: Concept Plan Subdivision _, PUD: General Plan Subdivision: Minor ''Street Vacation Comprehensive Plan Amendment City Financial Assistance Description of Request(s): I'D p r\ c& Sat On I le\ . f. U5 f If a request for planning/zoning action on the subject site or any part thereof has been previously approved, please describe It below: 10 Pt Owner/Applicant Initials.,* Page 45 of 148 Development Application, Page 2 General Conditions Application Review The undersigned acknowledges that before this request can be considered and/or approved,all required information and fees, including:any deposits,must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Professional Fee Responsibility It is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s)will be promptly paid upon receipt. If payment is not received from the applicant,the property owner acknowledges and`agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. It is understood that interest will be charged on the account at the maximum rate allowed by the Fair Credit Act if It becomes thirty (30)days past due. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. 7 he undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 315 of each year. Property Address I ?‘,50 55--h St. "/ 10,06U \ Q SU'' Date: I 1 `, Owner .'�ySignature t JJ �COn 6,2 Date: l 1 • n R Applicant Signature Page 46 of 148 OF' 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: SA.Y"'�[.1h A - j-P tt Phone# 5 ^ s s- tQ o q s Street Address: 13c1LO t�Ssji'l'" `t� City Oat Par t�� �j , m N Zip cc's(') cc), For application property: Street Address: ) 3n SS 44" St 1■1 City Oa K. far X- N�e i g h fn Zip SS 0 S - Legal Description of the property: tes tat il+i u 1 , 49.3 ar r-e 3 Car 9arai-e Zoning Di 'ct: , Si1wi i r1 : a.t44r 1 Y i, Yt. 7 ct l Is the property connected to the City water and sewer system? b& Yes No 1 Page 47 of 148 (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: 4&0 or Describe the character of the existing surrounding property: ��__ 103 erg g,t' ' /�1: �tn�.� , t�1 G re e Gate a . Who is to be employed in proposed occupation? 4 1-� Bet\ Will any person(s)be employed that does not live at the occupation address listed in this application? Yes Y.s. No In what part of the structure will the occupation be located? LW 619 roo141_ i-c c( - Oak 9 Page 48 of 148 How many customers will be served at one time? I What are the intended days and hours of this occupation? rund +hrau 3-, Seki-uv eta Lt Y1a+6nj What service will this occupation provide? tfair co,r-° arid rlofi 61,1 L) 61x ■1n3 atAtA poss*,ht9 MatAicimres Is off street parking available? Yes No If yes,describe location,capacity and type of surface: or\ t or 4+ e iald d tA)&j ea-0 0'1-e . )A- -- Will there be a need for street parking? Yes No If yes,how much space will be needed? p 9 qt juci- 1Y10‘r 'mss 3 Page 49 of 148 Will the occupation require the use of an accessory building? Yes Pc 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 alf+cc410Y If yes,please describe the equipment: Will the occupation involve over-the-counter sale of merchandise produced off the premises? ` L Yes No If yes,please describe the merchandise to be sold: • 4 1 \Ot�lfi J stir QY How long do you anticipate the occupation be carried on at this address? S Mine QS I-- 1&Ve 4 Page 50 of 148 How much of an investment in the premise is required for this occupation? Caw' not S ce tket 191at _I arm eitx.osSiftiq S -i t� o -r t�t rit b. e ire 4-r-Ya Dp(j 0 l� dl �h�L� to� 01'1 �� -rt`�� t t,� OWN Ow/ 4 � (oo 1 If an investment is required,does it include alteration? Interior !Exterior If so,Please describe the required alteration: IOC OrCff reS;44- i-16 ! bti,50.elS ro v&.51 Z. tl V. ruod 4 cfpfizzok4.4. eeiNkeyoite :e SD X01 �-�-O 0 "f1 Are other governmental licenses or permits required to legally conduct business in this occupation? 'T Yes No If yes,please list the licenses and/or permits below: VI 4 P5 c 1 13Caird arc Côoi- 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 401.15.M "Home Occupations." May the City inspect the premise during the application process? 1)4 Yes No If no,please explain: 5 Page 51 of 148 Is there any additional information regarding this application that the City should be aware of concerning the occupation? 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. 1 � � Date: \0 \� • __A/At A If_... Signature of Applicant Please Check One: Fee shall be submitted with complete application. XNew: 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 lip 6 Page 52 of 148 . � cc„. FXHIBIT 3 0 o V .F Board of Cosmetologist Examiners 2829 University Avenue SE,Suite 710 4- s, „i f° Minneapolis,MN 55414 651-201-2742-612-617-2601(fax) www.bceboardstate.mn.us-bce.boardLEastate.mn.us Salon License Application MAKEA COPY OF THIS APPLICATION FOR YOUR RECORDS- THE BCE IS ON A THREE-YEAR UCENSE CYCLE. A LICENSE CANNOT BE ISSUED FOR MORE THAN THREE YEARS.THUS,YOUR INITIAL UCENSE MAY EXPIRE 1N i.ESS THAN THREE YEARS. Please complete all of the following questions. Failure to have a complete application will result in a delay of your Salon Ucensure as the application will be returned. A Salon License does not transfer when a salon is sold or moved. Owning and operating a salon under another person's or business's license is illegal. The data which you furnish on this application will be used by the BCE to assess your qualifications for licensure.Disclosure of this information is voluntary.You are not legally required to provide this data,however if you fail to do so,the BCE may be unable to process this application. Disclosure of your Soda!Security number is required by Minnesota Statutes 270C.72 and your Social Security number may be requested by and Released to the Minnesota Commissioner of Revenue.Then BCE may use your Social Security Number for Revenue Recapture as authorized by Minnesota Statutes,Chapter 270A.After issuance of a license,all Information contained in this application,except your Social Security Number,will be public information pursuant to Minnesota Statutes,Chapter 13." Pursuant to Minnesota Statutes 604.113 and 609.S3Sthe BCE is authorized to charge a service charge of$30.0D for any Bieck that B retuned for non-sufficient funds. Fee: 0912012 Total Fee $243.00 $293.00 if this application is the result of a late renewal Initial Salon Information Salon Legal Name hrornt1 Lo X Sa ( (j1' Salon DBA Name(DBA:Doing Business As) ahr0rn CC. Lc� . at0t MN Tax ID,Federal EiN/TIN or SSN(SSN can be used if salon is a sole proprietorship) Chirgh qAULMAIRAPIS To qual fy for a abstnebSiogy salon license,the salon'Must offer hair care services,as shown on the floot plan by shampoo bowls and hair cutting stations. If both nail services and waxing(hair removal)services are offered,but not hair care,the salon will need two licenses. The two licenses required are a manicurist salon license and an esthetician salon license. Submit two applications together at the some time including all fees ubove INNCosmetology Salon (Care of hair,nails,and skin) Manicurist Salon (Care of nails, does not include the removal of hair by waxing) CljEsthetician Salon (Care of skin, including waxing) For Office Use Only: Staff Initials: Check/MO/Receipt Number: Amount Paid: Application Number: License Number: Date Processed: Page 53 of 148 Check one of the following and answer am additional auestions; a)New.Never Been licensed Salon 1=-1)Change of Ownership(Currently Licensed Worn Previous Salon License Number Previous Salon Name Previous Salon Address Previous Salon Owner fate Renewal Application Current Salon license Number Expiration Date of Salon License pion Relocation Previous Salon License Number Previous Salon Name Previous Salon Address pusiness Structure Change Previous Salon License Number Check Type of Business Structure Business Trust Limited Liability Company OCorporation [] Limited Liability Partnership OGeneral Partnership Limited Partnership OSole Proprietor Li Other Business Structure: Sole Member LLC Page 2 of 12 Page 54 of 148 f Salon Application Checklist(Find ownership type,any items with a checkmark are required for that type.) Document Name Page(s) Sole General LLC/LLP Corporation Other Pr. . < . • VII 1 1 Completed Application(Signed& 1-12 Notarized) Application Fee 1 Y 1 ✓ f ✓ MN Tax ID,Federal Tax ID(TIN or EIN)or 1 ✓ # y /' i Social Security Number Certificate of Assumed Name(Copy) Attachment f ✓ O *A Certificate of Assumed Name must be filed if the name of the business is different than the full name of the owner(s)of the business. This requirement applies to all forms of business organizations. Articles of Incorporation/Organization Attachment of (co. ) Current Manger(Name,License Number 4,12 &Signature) Zoning Official Signature 4-5 I( # 1 1 f✓ Certificate of Occupancy(Signed)and Attachment / r Y iM f Building Permits if applicable(Copy) Professional Liability Insurance Certificate 6, e' f ✓ 1 I Attachment • Workers Compensation For Employees 6-7, J' f ✓ ✓ I 1 Attachment Disclosure of Owners Form 7 i ` Floor Plan(Use Correct Codes) 8-9 �/ Owner&Manager Acknowledgements 11-12 r V 1 1' 1 Copy of Completed Application(for you) - f s" J Y ✓ Resources Department Name Contact Information Secretary of State 651-296-2803 or 1-877-551-6767 e Assumed Name www.sos.state.mn.us • Articles of Incorporation/Organization Department of Revenue 651-296-6181 or 1-800-657-3777 • MN Tax ID Number (salesuse.tax(Wstate.mn.us/www.taxes.state.mn.us) Department of Labor and Industry 651-284-5005 • Workers Compensation www.dli.mn.gov Zoning Official Contact city or county offices in which your salon will be located to get more information. Department of Treasury 800-829-0115 Positively Minnesota (Small Business Owner http://www.positivelvminnesota.com Assistance) Page 3 of 12 Page 55 of 148 Additional Application Information Salon Name(Complete Again) Salon Legal Name(Complete Again) hr Lax S1b{ Otic -01 SQ( or Owner First and Last Name or Corporation Name Sax-al' \ e U Salon Address 13930 S S.4 1\-) City State Zip Code Oat Qc Q m Esc KLa■ Salon Phone Number i County of Salon Location 0 1- • S.— Co O• l aSh e to Email Address and Web Address Nebo--1 t • S 0a ta ' t_ \ - •• Salon Manager Last Name Salon Manager First Name e t Sctra.. h Salon Manager MN license Number Salon Manager license Type of Manager License Expiration Date Cosmetologist r�q o f V t 3 O Manicurist y O Esthetician Please check the following days the salon is open: Monday ,Tuesday fd'Wednesday HThursday Q Friday s;? Saturday O Sunday is this salon open by appointment only? Is this salon in a Residence? {r'Yes 0 No If Yes,list one day per month salon is open: /6 Yes 0 No Total Number of Practitioners Working in Salon Total Square Feet of Salon ---A S fbW -sap �f�f , # y $ # ^{ _ at " + mot. to A i x " * `N.. 41;. Building and Zonina Compljance 1. Check the appropriate box below. 2. Obtain signature in appropriate section and attach required documentation. Complete section A if you select the following: The building in which this salon is located is new construction. Complete section A below. Complete section B if you select the following: The building in which this salon is located is an existing building. The Applicant has made improvements or changes to the salon which require building permits and zoning approval.Complete section B below. 1:::jComplete section C if you select the following: The building in which this salon is located is an existing building. No Building Permits or Zoning Approval was required by the City or County in which this salon is located.Complete section C below. Page 4 of 12 Page 56 of 148 . . J.. ? .., . t , , ,r tt .. y .ck TM s ; r�... .. :‘,7,t„::..._ :;::, . r $i f lA r • ji. ti's , . r',Si4 The building in which this salon is located Is new construction. 1. Applicant must attach a copy of the signed,dated Certificate of Occupancy issued by the City or County in which the building Is located. 2. Applicant must attach statement from Zoning Official that salon is in compliance with zoning ordinances,or obtain signature below: Salon address inspected and meets zoning compliance Signature of Zoning Official Title Date Print Name of Zoning Official City or County Name Telephone Number .?%%.,'"'''''s , h ;,4 a m c f/k '$r2: :r i'�4 ,Jy+�2ys t, , ( a ''S•r 3 i f '''.'''.';:j.;': ,e ' 4 3a 3' r" ,jt,4ilttit 91^��' ; as,40,1 ti '''1:7 e t s '� z`ni s..'4 ., Y tr,4 .1'.7.A.',4'.:044,'" t ' 0.4 r 'Y '[1 ift}# Y4"'Fs i t e'+'''''e s f'') is a h j,,' 'J.'' The building in which this salon is located is an existing building. The Applicant has made improvements or changes to the salon which requires building permits and zoning approval. 1. Applicant must attach a copy of the Building Permits issued by the City or County in which the building is located. 2. Applicant must attach statement from Zoning Offidal that salon is in compliance with zoning ordinances,or obtain signature below: Salon address inspected and meets zoning compliance Signature of Zoning Title Date Print Name of Zoning Official City or County Name Telephone Number Sectiork The building in which this salon is located is an existing building. No Building Permits or Zoning Approval was required by the City or County in which this salon is located. Obtain signature below: Salon address inspected and meets zoning compliance Signature of Zoning Official Title Date Print Name of Zoning Official City or County Name Telephone Number Page 5 of 12 Page 57 of 148 • insurance information Failure to complete this section results in a delay of licensure. The most common reason the BCE returns applications is because the certificate of insurance is not submitted or is incorrect. Professional Liability Insurance(Required for All Salons)—General Liability will not be accepted -Professional Liability Insurance covers "workmanship"of licensee where Genera!Liability does not- Read Carefully: 1. Attach a Certificate of Insurance to the Application that indicates: • Certificate Must Show: o $25,000 coverage/each claim o $50,000 coverage/each policy per operator o Must state "Professional Liability Insurance" • Certificate Holder Must Be: o Minnesota Board of Cosmetologist Examiners,2829 University Ave SE,Suite 710, Minneapolis, MN 55414. • Name of insured must be the owner and DBA of the salon and assigned to the salon's address. Completing the Name and Policy Number is not sufficient;the BCE must also have a copy of the certificate(s)as described above. Name of Insurance Company Policy Number(Professional Liability) Workers Comoengption insurance Answer the following 2 questions to determine if Workers Compensation is required. 1. Will this salon employ individuals? OYes(complete WC Insurance) No 2. Will this salon have only independent contractors with MN Manager Licenses? Yes No(complete WC Insurance) • (Workers Compensation Continued on Next Page) Page 6 of 12 Page 58 of 148 • Workers Compensation Insurance(Required for All Salons Employing Individuals) Required documentation to be submitted to the BCE • Certificate Must Show: o Workers Compensation Coverage • Certificate Holder Must Be: o Minnesota Board of Cosmetologist Examiners,2829 University Ave SE,Suite 710, Minneapolis,MN 55414. Contact the Minnesota Department of Labor and Industry Regarding workers compensation questions at 651- 284-5005. Completing the Name and Policy Number is not sufficient; the BCE must also have a copy of the certificate(s)as described above. Name of Workers Comp Insurance Company Policy Number(Workers Comp) Disclosure of Comoijv Owners.Partners,Officers An applicant for a Salon license must include the following information: • Individual Proprietor: Provide the name and address of the Owner • Partnership: Provide the name and address of all General Partners and limited Partners • Corporation or LLC: Provide the name and address of all elected Officers,Directors,Governors,Members, Shareholders owning 10%or more of company stock,and any Managers/Employees with authority to exercise control In policy or management of the company tf any owner or partner is also a business entity,you must complete this form to disdose the earners/partners/officers/shareholders of that business entity as well. Last Name First Name Middle Initial 1 -et\ Residential Address Primary Telephone Number 69�o S Ste► - - 1I2S 1-1ss —1Q09'S Cite Y W-e(('��,^ _ State Zip Code C Title(5 as Owner,General Partner,Limited Pa er,Dirreector) J Last Name First Name Middle Initial Residential Address Primary Telephone Number City State Zip Code Title(Such as Owner,General Partner,Limited Partner,Director) This form may be photocopied if additional forms are needed Page 7 of 12 Page 59 of 148 Codes To Be Used and Listed on Floor Plan (on the next page) Chair(Any Style) j4. Cabinet(Supplies) y Sink I. Table(All Styles) f(Shampoo Bowl J. Hot Water Heater D. Pedicure Spa le Dispensary Area £ Work Stations Counter/Cabinets ,e Restrooms ii. Covered Container(Soiled Towels) M. Entrance/Exit Cabinet(Clean Linens) 000 VO0000 0 D 0 i E © p E 0 0 0 0 0 0 D Waiting Area Manicure/Pedicure reRoom 0 M 111 0 G G G G 0 G G G G O -- M THIS IS AN 0 E Restrooms EXAMPLE PLE E (i Hair Station v Area 0 E O ZS II lir �' V H H iii M 0 . . E "H1 Shampoo Area 0 H., E H 0 0 0( ) pot Dispensary d I I'. Esthetician Room �' ©E Q�- - I Page 8 of 12 Page 60 of 148 1 I • r 1 LAtJ Salon Floor Plan 00 g Og I NAME OF SALON New 0 O/ta LO X Sat on SA^ t);)1 Total Floor Space (from salon floor plan below) square which panto thesaonflo floor and Supply areas P P q which are part of the salon floe space: 004r SG Reception Area=183'7a'square feet Total Deductions(from calculation at Right) — square feet Restroom Area-- L square feet Supply Area - square feet Total Work Space(rotalroorspaae minus TolalDeduchons) = square feet Total Deductions square feet Prepare a diagram of the salon floor plan following the example on page 8: • Whale used for regulated services nest have a sink(or shampoo bowl). • The dispensary must also have a sink. • Each room must be labeled as what it D used for. • All codes from page g are required to be used(excluding possibly the pedicure spa and/or shampoo bowl). • You may instead submit blue prints/formal drawings with appropriate codes and labels(must still complete above deductions). Each square below represents 5 feet by 5 feet. tf your salon is larger than 50 feet by 50feet,attach additional pages to show complete floor plan. cot Irs aim ���� - :ins A, t G n cep n� '4D/3 n is 10C ,4 I W4raoo.N CGVA 1ir2C 1 5 Ctft&'t r rA safe . wads ,0107000.41tit Ipn q a -e+ uot(k- Page 9of12 LI t.�lY1 `� tY'C`fin5 C4{'l- 'P ge6'Nof94S'e r • \Ct,'E S- lk v ' Satan Licensee iiesponsibiliti! Owning A Salon o Salons are limited to offer cosmetology-related services to the type of license held. If a salon is found to offer services that fall under the BCE Regulation and are not licensed to offer those services,the Salon can be assessed civil penalties up to$2,000 per violation found. o A salon must have a current designated manager with a current salon manager license. o The salon must ensure all practitioners working in the salon are currently licensed. If a salon is found to have unlicensed or expired practitioners,civil penalties of up to$2,000 per violation may be assessed,to the salon manager and owner or loss of licensure may result. o The current salon license,salon manager license,and all licenses of employees and independent contractors must be posted conspicuously at the salon. o The salon must post a notice regarding availability of inspection records. Renewals -Renew OnlineI o Your salon license will expire on the anniversary of your three-year license period. If you fail to renew on or before that date,you will be considered expired and not eligible to offer services. Additional renewal fees will apply if you fail to renew on time. The Board makes every effort to mail renewal notices to each licensee,but it is your obligation to renew your license on time whether you receive a notice or not. o Failure to renew the salon license within 30 days of expiration date would require the submittal of a new salon application. Mapaeer Change • If you change your manager,you must notify the Board immediately. BRIBLOILUM • Complete the Name Change Form within 60 days of the change. Owner/Business Structure Chance • Complete an Initial Salon Application within 60 days of the change. Mangle= • If your salon moves locations,you must complete and submit an entirely new Salon Application and complete all the requirements for a new salon. Online License Verification • To verify the license status of persons performing services at your salon,use the Online license Verification at www.bceboard.state.mn.us. Cosmetoloev Laws and Rules • Copies of Cosmetology Laws and Rules are available from the Minnesota Bookstore at 651-297-3000 or www.leg.state.mn.us. Page 10 of 12 Page 62 of 148 Owner and Salon Manager Acknowledgements a_pd Certification Qf Anoijcant Owner Acknowlgdgement Section A. We acknowledge that it is our responsibility to have a copy of the laws and rules in our salon and employees will be made aware of where this is located. (Initials of at least 1 owner) B. We acknowledge that it is our responsibility to have a fire extinguisher available in our salon and employees will be made aware of where this is located. (Initials of at least 1 owner) C. We acknowledge that it is our responsibility to have a first aid kit in our salon and employees will be made aware of where this is located. 516 (Initials of at least 1 owner) D. We acknowledge that a Dispensary Area must be inaccessible to the public and has a sink. This means either a locked cabinet or a door leading into a dispensary room that must be closed at all times. ./510) (Initials of at least 1 owner) E. We acknowledge that a city code official has signed off on the Building and Zoning Compliance section on page 5. (Initials of at least 1 owner) F. We acknowledge that a Certificate of Professional Liability insurance is attached to this application and meets the requirements on page 6 and the BCE is the certificate holder. (Initials of at least 1 owner) G. We acknowledge that if Workers Compensation Insurance is required,it is attached to this application and meets the requirements on pages 6-7 and the BCE is the certificate holder. U B (Initials of at least 1 owner) H. We acknowledge that there is a waste receptacle at each station. "J (Initials of at least 1 owner) I. We have reviewed salon requirements in MN Statute 155A and MN Rule 2105.0350 through 2105.0390 and meet all the requirements. (Initials of at least 1 owner) Page 11 of 12 Page 63 of 148 salon Manager Acknowledgements 1, the licensed salon manager for the salon listed in this application,certify that 1 will be the licensed salon manager and 1 am the responsible party of this salon. These responsibilities include,but are not limited to: A. Ensuring the salon license is current. B. Ensuring all employees/independent contractors that are providing licensed services are in fact currently licensed,including myself. A minimum fine of$150.00 per practitioner can be assessed to you,the manager,if individuals in the salon you are managing are found working on an expired license. C. Ensuring all equipment is in proper working condition,and that all sanitation and safety requirements are met. D. Ensuring the salon complies with all sanitation requirements and requirements of Minnesota Rules 2105.0350 through 2105.0390. E. On the days I am not working or on a break,I may appoint,but am not required to appoint another licensed salon manager as responsible while I am absent. They assume the responsibilities listed here. F. If I leave this salon or quit managing,I will notify the Board of this,so I am no longer listed as responsible for this salon's compliance with Minnesota laws and rules. 00 1.; a9/ 30 / Do14 Salon Manager license Number Saloii Manager Expiration Date Bard P�-P Salon Manager Printed Name 1 \ 1-713 Salon Manger Signature Date Ownertsi Application Certification I certify that the information submitted within this application is true and correct. 1 also certify that this document has not been altered or changed in any manner from the form adopted by the Board of Cosmetologist Examiners. C A S Y-t-n 2 Q 1 1 • 17' 13 Signature of Owner#1 Date Subscribed and sworn to before me: This day of ,20 My Commission Expires: Signature of Notary Notary Seal Signature of Owner#2 Date Subscribed and sworn to before me: This day of ,20 My Commission Expires: Signature of Notary Notary Seal (If there are more than 2 owners, attach additional pages) Page 12 of 12 Page 64 of 148 Certificate of Insurance m.��.. This certifies that State Farm Fire and Casualty Company,Bloomington,Illinois State Farm General insurance Company,Bloomington,liinols State Farm Fire and Casualty Company,Aurora,Ontario ,.mo i State Fenn Florida Insurance Company,wiser Haven.Florida State Farm Lloyds,Dallas.Texas insures the following policyholder for the coverages indicated below: Policyholder Sarah Bell Address of policyholder 1900 County Rd D E,Maplewood MN 55109 Location of operations Description of operations Sarah Bell The policies listed below have been issued to the policyholder for the policy periods shown.The insurance described in these policies is subject to all the terms,exclusions,and conditions of those policies.The Omits of liability shown may have been reduced by any paid claims. Policy Period Limits of Liability Policy Number Type of Insurance Effective Date : Expiration Date (at beginning of policy period) Comprehensive i BODILY INJURY AND 93-BR-Q197.5 F _ Business Liabiity_ __0_7-06-2013 = 07-06-2014 PROPERTY DAMAGE This insurance includes:�■ Products-Completed Operations �• _. � -- Q Contractuiri Liability Each Occurrence $ 1,000,000.00 • Personal Injury • Advertising Injury General Aggregate $ 2,000,000.00 • • Product-Completed $ 2,000,000,00 • Operations Aggregate Policy Period BODILY INJURY AND PROPERTY DAMAGE Policy Number EXCESS LIABIUTY Effective Date i Expiration Date (Combined Single Limit2 Umbrella Each Occurrence $ Q Other i Aggregate $ Policy Period Effective Date Expiration Date Part I- Workers Compensation-Statutory Workers'Compensation 1 Part II-Employers Liability and Employers Liability Each Accident $ Disease-Each Employee $ Disease-Policy Limit $ - Policy Period Limits of Liability Policy Number Type of insurance Effective Date ; Expiration Date (at beginning of policy period) 1 s I i THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certification Holder If any of the described policies are canceled before Minnesota Board of Cosmetologist Examiners their expiration date,State Farm.wlit try to mail a 2829 University Ave,Ste 710 written notice to the certificate holder days Minneapolis,MN 55414 before cancellation.If we fail to mall such notice,no obligation or liability will be imposed ;' State Farm or its agents or • -ntatives. tT /MII r�'ii'- '?: ntative �- 07/02113 Tale Deb Amy Bro Agent Name �.- Telephone Number(651)735-4193 A9enrs Code Stamp Agent Code 23.7363 AFO Code of 65 a o tomr2e0 Page 14 6399 to 03-25-2009 �VHIBIT 4 • j t t. ,, i , , 1 i 1 /,1 -rzi _ • - [----E.-i , 111-,-.--i41:'1',.,, ,„ h I' '� F ,Yi 3 ` i I I � � p J I :.:I.:':::'::: 'I',,:::,i':' :,''''''' Ail'; I. € ,+ 1 � ill....... 1 t.,- :,,,-..:,:..,,s- .1! , _L:,;,:_r;m'it-;:' 11 A' 3111111k! ii ., jp it''' 1 1 !illi /Ili, 1 . ...1,6.__1:P: �� ,i peg ��q I. �._ _�, 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 THAT THE REQUEST BY SARAH BELL FOR A CONDITIONAL USE PERMIT TO CONDUCT A SPECIAL HOME OCCUPATION AT 13930 55TH STREET NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Sarah Bell for a Conditional Use Permit for a Special Home Occupation to allow an in-home hair salon at 13930 55th Street North; and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-1 Single Family Residential District in which single family uses and Special Home Occupations with a Conditional Use Permit approved by the City Council are allowed; and 4. Section 401.15.M.Home Occupations,provides criteria for approval of a Conditional Use Permit for a Special Home Occupation; and 5. The Applicant's request for an in home hair salon is consistent with the criteria in Section 401.15.M; and 6. City staff prepared a planning report dated December 4,2013 reviewing the request; and Page 67 of 148 7. Said report recommended approval of the Conditional Use Permit in that the request is in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.M, and Section 401.03.A.8 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at a December 10, 2013 meeting,took comments from the applicants and public, closed the public hearing, and made the following recommendation: 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 application submitted by Sarah Bell for a Conditional Use Permit for a Special Home Occupation to allow an in-home hair salon at 13930 55th Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. Any changes to the structure to accommodate the home occupation shall be compliant with all Building and Fire Code requirements subject to review and approval of the Building Official. 2. Only residents of 13930 55th Street North shall be allowed to work at the in-home hair salon. 3. The Applicant shall receive and maintain all required state licensing for the business. 4. The Applicant shall provide a sign plan, in compliance with Section 401.15.G of the Zoning Ordinance and subject to approval of a sign permit. 5. There shall be no exterior storage of materials as it relates to the business. 6. The home occupation business shall be conducted between the hours of 10:00 PM and 7:00 AM. 7. The Planning Commission and City Council should comment on the request to sell products related to the home occupation business. 8. The Applicant shall identify the amount of area the salon will occupy in the residence 2 Page 68 of 148 Recommended by the Planning Commission of the City of Oak Park Heights this 10`h day of December,2013. Jennifer Bye, Chair A'l"1'EST: Eric A. Johnson, City Administrator 3 Page 69 of 148 it ATTACHMENT A • Conditional Use Permit(CUP) Allowing an In-Home Beauty Salon At 13930 55th St. N. Legally described as: Lot 9, Block 3,River Hills Addition Washington County Parcel I.D.: 05.029.20.14.0096 Page 70 of 148 ATTACHMENT B w'a. k F^ Conditional Use Permit(CUP) Allowing an In-Home Beauty Salon At 13930 55th St. N. Application Materials • Application Form • Fee • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed Public Hearing: December 10,2013 @ City Council,and December 12,2013 @ Planning Commission Required Approvals: C.U.P. City Council 4/5 Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve(12)months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.03.C.4.a and b) Page 71 of 148 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY SARAH BELL FOR A CONDITIONAL USE PERMIT TO CONDUCT A SPECIAL HOME OCCUPATION AT 13930 55TH STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Sarah Bell for a Conditional Use Permit for a Special Home Occupation to allow an in-home hair salon at 13930 55th Street North;and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-1 Single Family Residential District in which single family uses and Special Home Occupations with a Conditional Use Permit approved by the City Council are allowed; and 4. Section 401.15.M. Home Occupations,provides criteria for approval of a Conditional Use Permit for a Special Home Occupation; and 5. The Applicant's request for an in home hair salon is consistent with the criteria in Section 401.15.M; and Page 72 of 148 6. City staff prepared a planning report dated December 4,2013 reviewing the request; and 7. Said report recommended approval of the Conditional Use Permit in that the request is in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.M, and Section 401.03.A.8 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at a December 10,2013 meeting,took comments from the applicants and public, closed the public hearing, and recommended the application be approved with conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Sarah Bell for a Conditional Use Permit for a Special Home Occupation to allow an in-home hair salon at 13930 55th Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. Any changes to the structure to accommodate the home occupation shall be compliant with all Building and Fire Code requirements subject to review and approval of the Building Official. 2. Only residents of 13930 55th Street North shall be allowed to work at the in-home hair salon. 3. The Applicant shall receive and maintain all required state licensing for the business. 4. The Applicant shall provide a sign plan, in compliance with Section 401.15.G of the Zoning Ordinance and subject to approval of a sign permit. 5. There shall be no exterior storage of materials as it relates to the business. 6. The home occupation business shall be conducted between the hours of 10:00 PM and 7:00 AM. 7. The Planning Commission and City Council should comment on the request to sell products related to the home occupation business. 8. The Applicant shall identify the amount of area the salon will occupy in the residence 2 Page 73 of 148 Approved by the City Council of the City of Oak Park Heights this 10th day of December,2013. 1 Mary McComber,Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 74 of 148 ATTACHMENT A Conditional Use Permit(CUP) Allowing an In-Home Beauty Salon At 13930 55th St. N. Legally escribed as: Lot 9, Block 3,River Hills Addition g y Washington County Parcel I.D.: 05.029.20.14.0096 Page 75 of 148 ATTACHMENT B Conditional Use Permit(CUP) Allowing an In-Home Beauty Salon At 13930 55th St. N. Application Materials • Application Form • Fee • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed Public Hearing: December 10,2013 @ City Council,and December 12,2013 @ Planning Commission Required Approvals: C.U.P. City Council 4/5 Conditional Use Permit- Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve(12)months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure,addition or alteration,or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.03.C.4.a and b) Page 76 of 148