Loading...
HomeMy WebLinkAbout2013-12-26 CC Meeting Packet Enclosure Oak Park Heights Request for Council Action 8 Meeting Date December 2013 Time Required: 5 Minutes Agenda Item Title: Conditional Use Permit—Home Occupations In4Home Hair Salon at 13930 55th street N. Agenda Placement Pabto-JJeaPingaO a Pius ih4' Originating Department/Requestor 'c :11(1 • +h' Administrator Requester's Signature .. Action Requested Approve Condi nal Use Permit—Home Occupations In-Home Hair Salon at 13930 551 street N. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see attached from Scott Richards: Enclosures: 1. Memo from the City Planner dated Dec 4'k 2013 -Including Application Documents. 2. Planning Commission Resolution Unsigned 3. City Council resolution—(to be formally considered on Dec 2641') Page 205 of 254 3601 Thurston Avenue N, Suite 100 Anoka, MN 65303 Phone:763.231.6840 Facsimile:783.4274820 TPC@PlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: December 4, 2013 RE: Oak Park Heights—Conditional Use Permit for a Special Occupation Permit to Allow an in-Home Hair Salon t 13930 55t} 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 206 of 254 2 customers at a time. l 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. Requitement-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 207 of 254 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 recommendation& 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 most all 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. 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 208 of 254 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 stony 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 209 of 254 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. 8. 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 401.15.3 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 210 of 254 8. The home occupation business shall not 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 211 of 254 EXHIBIT I 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 212 of 254 EXHIBIT 2 I CITY OF OAK PARK HEIGHTS •DEVELOPMENT APPLICATION 1 14188 Oak Park Boulevard t) P.O. Box 2007 Base Fee: *00 Oak Park Heights,MN 55082 Escrow Amount U P. (651)439-4439 Fax:(651)439-0574 Street Location of Property 1 393 0 55 .5t))C, Legal Description of Property PI'tU 05.0129 •20. i . 009(a • Owner: Name • Saro.1ek ere Address: 1 Z e4 I 0 55- ''' City: pax v i r t t4e1 h S S t a t e: MA) zip: () . Telephone: (Home). ( usiness)_ L S l'9 SS-t O9 (Fax) (Other) . Applicant: Address:_116, gat SS •1 � _.. City: _ t m State: Zip: SCb Telephone: (Home)Lo to-I ?(Business) Ig t-4 2095 (Fax) (Other) • Type of Request(s) Zoning District Amendment X Home Occupation Conditional Use Permit Site Plan Review Variance: Single Family Residential PUD:Amendment Variance: Other Residentlal/Commerclal/industrial PUD: Concept Plan Subdivision PUD: General Plan Subdivision:Minor • 'Street Vacation Comprehensive Plan Amendment City Financial Assistance Description of Request(s): 10 Opera •. A. • . ' a t! . a • _ S If a request for planning/zoning action on the subject site or any part thereof has been previoouA- sly approved, please describe It below: Owner/Applicant Initials,* Page 213 of 254 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, inciudingrany 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 thst aN 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 wiN be billed on a monthly basis for Planning, Engineering, Legal arid 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 arid 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. The 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 31 of each year. Property Address /393O 55' s- Al g4,12.40 Date: 1 e i-�- 13 Owner Signature 411103r1 n n `6 0 Date: l 1 1 Applicant Signature Page 214 of 254 r 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 citytyofoakparkheights com APPLICATION FOR A HOME OCCUPATION PERMIT Applicant: So...r pO A . %to +\ Phone# tp S t - q{ s s- 2 0 9 S Street Address: 1 3Cgo Si'^ S,�. !. City Oekt. Petry H�°� ��� m1� zip g's b CA For application property: Street Address: )got so SS 44" St ht City Oa!.. Par 1% 1+6 9h+5 rfl 4 Zip SSo R'fg- Legal Description of the property: KeSia-th4-(c 1 j 3 acre 3 qtr 96tracke Zoning Di s .ct: 1 -, 1 i.. gq.Ato`y r 1'01e Is the property connected to the City water and sewer system? bi. Yes No Page 215 of 254 (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&t or1 Describe the character of the existing surrounding property: g3 , t- rf 1'&1 flir& � c.) reSl T Tl �t f ' Who is to be employed in proposed occupation? fir k Bet\ 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? • ro0, i-P Qr- all poa&■ 111-e 2 Page 216 of 254 r ' � o How mat<y customers will be served at one time? What are the intended days and hours of this occupation? p What service will this occupation provide? A�r car- aid m t o i ry ( u3 a 1-;,n ()IAA os',ht ma_n icu re . .9 � � -S Is off street parking available? 40 Yes No Ifyes,describe location,capacity and type of surface: On l Or -4-H-E St(ee 1-- a c Ck (tic J LO‘ty CAM e tc- Will there be a need for street parking? V. Yes No If yes,how much space will be needed? proz101 nof1but . uc iCas-' i - 3 Page 217 of 254 it Will the occupation require the use of an accessory building? Yes 0( 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 - _►! qx+ '• on If yes,please describe the equipment: 11111"44tcs—v-5-14k3"31° ‘ \etc Will the occupation involve over-the-counter sale of merchandise produced off the premises? Yes No If yes,please describe the merchandise to be sold: i rare ccOCk f5 Thouk ry 1S�J" �c2i�1�-t7 Y How long do you anticipate the occupation be carried on at this address? QS Ipnr cs \ 1e . here . 4 Page 218 of 254 • How much of an investment in the premise is required for this occupation? am not Sure ikef )241- T C v S,OQu-I o,000 d1-t h0& at D l 1211n Je(r 4-�- 0�cL Q A eOviS+v kcd--( clvi • If an investment is required,does it include alteration? I Interior %ixterior If so,Please describe the required alteration: -t4A Bler.v411 &Of re5-, C j-3elI tp buyik.es3 i 1! u d/ / ._ 1 t _1 ti ' '►J/ n cv mot. map c Si k v s . S('OLQ Are other ov g en__am ental licenses or permits required to legally conduct business in this occupation? `711". Yes No If yes,please list the licenses and/or permits below: cn n-P tot fowl n' COS -0 1 i - EKAnet 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? )( Yes No If no,please explain: 5 Page 219 of 254 it 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. Date: \D 13 L ALn 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 6 Page 220 of 254 ` ore'i- FXHIBIT 3 0 „LEI Board of Cosmetologist Examiners ® 2829 University Avenue SE,Suite 710 ,ov„;,i,;ro'� Minneapolis,MN 55414 651-201-2742-612-617-2601(fax) www.bceboardstate.mn,us-bce.boardastate.mrl.us Salon License Application -MARE A COPY OF T}ISAPPLICATION FOR YOUR RECORDS- THE BCE IS ON A THREE-YEAR LICENSE CYCLE. A UCENSE CANNOT BE ISSUED FOR MORE THAN THREE YEARS. THUS,YOUR INITIAL UCENSE MAY EXPIRE IN LESS THAN THREE YEARS. Please complete all of the following questions. Failure to have a complete application will result In a delay of your Salon Licensure as the application will be returned. A Salon license does not transfer when a sabre is sold or moved. Owning and operating a salon under another person's or business's license is Okapi. "The data which you furnish on this application will be used by the BCE to assess your qualMcaticen for acensure.Disclosure of this Information is voluntary.Yalu are not legally required to provide this data,however if you fail to do so,the BCE may be unable to process this apptiratlon. Disclosure of your Social Security number Is regtdred 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 2710A.After issuance of a license,all information contained in this appication,except your Sodal Security Number,vial be public information pursuant to Mienesola Statute,Chapter 13." Pursuant to Mimesota statutes 501.219 and 609.S1S the BCE is authorised to clause a service charge of$30.00 for any dredr that it retuned fornanauRident herds. imairatera 04/2012 Total Fee $243.00 $293.00 if this application is the result of a late renewal hiltbdiabainhamagga Salon Legal Name Chrnrnn LQx Salon Salon DBA Name(DBA:Doing Business As) Ch r one) cato�► MN Tax ID,Federal EIN/TIN or SSN(SSN can be used If salon is a sole proprietorship) Sarktior Pt - to e kUIBr7 m a+"hiitrc+pne ullt+{ €SIOMY7f tilt Nranr bowls and hair cutting stations if both nail services and waxing(hair remowt1)services ore 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 OPIkatioqs 10110W-ate fame time inawi Cosmetology Salon (Care of hair,nails,and skin) CDManicurist Salon (Care of nails,does not include the removal of hair by waxing) jiEsthetician 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 221 of 254 Check one of the following and answer any additional auestlons: News Neyej peen Lieerged Salon) Charm of pwnerslt Mummify Licensed Salon) Previous Salon license Number Previous Salon Name Previous Salon Address Previous Salon Owner LiffiraMillelAiNgkadha Current Salon License Number Expiration Date of Salon License iikaBahnibm Previous Salon License Number Previous Salon Name Previous Salon Address AIIIILVIESZESSIEralme Previous Salon License Number chnkainialaingatalgan ;: OBusiness Trust 110 Limited Liability Company OC.orpordtion Limited Liability Partnership OGeneral Partnership Limited Partnership [1]sole Proprietor CD Other Business Structure: OSole Member LLC Page 2 of 12 Page 222 of 254 , Salon An dIcittlgn Checklist(Find ownership type,any items with a chedcmark are required forthat type.) time M General J.LClLLP fatgadign aber if! ' lm ', if ! (IL lt: Completed Notarized Application(Signed& 1-12 / j f Application Fee 1 EllIBIUMINII MN Tax ID,Federal Tax ID(TIN or EIN)or 1 Social Secur i Number Certificate of Assumed Name(Copy) Attachment *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 Current Manger(Name,License Number 4,12 &Signature) Zoning Official Signature 4.5 / e/J j s Certificate of Occupancy(Signed)and Attachment j ✓ j f f Building Permits if applicable(Copy) Professional Liability insurance Certificate 6, / Ile J j / Attachment 1� Workers Compensation For Employees 6-7, 1 I I j Attachment Disclosure of Owners Form 7 / sr / j or Floor Plan(Use Correct Codes) 8-9 e or er a,. Owner&Manager Admowledgements 11-12 .1 i ✓ Copy of Completed Application(for you) ----- air ti U, if er Department Name Contact Information Secretary of State 651-296-2803 or 1-877-551-6767 • 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.taxiDstate.mn.us/www.taxes.state.mn.us) Department of Labor and Industry 651-284-5005 • Workers Compensation www.dli.mn.eov Zoning Official Contact city or county offices in which your salon will be located to get more information. De•artment of Treasury 800-829-0115 Positively Minnesota(Small Business Owner http;//www.positivelvminnesota.com Assistance) Page 3 of 12 Page 223 of 254 R r Additional Anoiication Infor on Salon Name(Complete Again) Salon Legal Name(Complete Again) eh rhivl ctLo x& Salon eiVI r g1.-0). Scd o te) Owner First and Last Name or Corporation Name Sctrat k #5-e Li Salon Address 1Y130 5 s S.-k- 0 City State Zip Code Oat ()CV t 14.i U his � SS6ta. Salon Phone Number County of Salon Location —CIS s-- (Dogs- WalCh in5i-o v1 Email Address and Web Address OY (SWIC6 o i.ScUi,orr dp @_n-al 1 - Cn rn Salon Manager Last Name Salon Manager First Name Salon Manager MN License Number Salon Manager License Type of Manager License Expiration Date Cosmetologist 11Z i 0013 Cftl3b1a01q o nce an Please check the following days the salon is open: Monday , Tuesday Wednesday •frThursday 9 Friday t,?f Saturday 0 Sunday Is this salon open by appointment only? is this salon in a Residence? crYes O No if Yes,list one day per month salon Is open: A Yes O No Total Number of Practitioners Working in Salon Total Square Feet of Salon iiii'. JO■ 5�; �, "0,4-,v; :;' ' - - ,, -'4.0_4-. W° f,.. ` yhi ... fra H-;._ + ,;,P 4 "��7frt> 'PI ''',' .t; as.-.1 .'- ' ,k'� .i•. m '}f .d d 4 kin 3. '--', ,, wilding and Zoning Compliance 1. Check the appropriate box below. 2. Obtain signature In appropriate section and attach required documentation. rComplete section A if you select the following; The building in which this salon is located is new construction. Complete section A below. (23 Complete section 13 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. 11 Complete 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 224 of 254 t 4: �� .4 y > a �.+a`_ ++ ,y �y 1j?-F ,nt i.;# •a'1 {�` ,a 11' ) 7 s 4-A r % 5 > • x p yw vti u ��°d y� c�,L��,1 Y i '�"i �r 7�. y s 4 +'�.;"7' fib �c '} iq•' The building in which this salon is located is new construction. 1. Applicant must attach a copy of the signed,dated Catf iicate 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 4..•�0$ .�4 �'• { f ~ � r .id- The building in which this salon is located Is an existing bonding. 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 Official 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 ; 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 225 of 254 Insurance information Failure to complete this section results in a delay of licensure. The mast 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 General 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 certificates)as described above. Name of Insurance Company — Policy Number(Professional Liability) Miationfmanagiounsuanst Answer the following 2 questions to determine if Workers Compensation is required. 1. Will this salon employ individuals? C3Yes(complete WC Insurance) CO No 2. Will this salon have only independent contractors with MN Manager licenses? Yes Li No(complete WC Insurance) (Workers Compensation Continued on Next Page) Page 6 of 12 Page 226 of 254 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 Comoanv Owners.Partners.Officers An appikant for a Salon license must Include the following Information: • individual Proprietor: Provide the name and address of the Owner • Partnetallp: 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 everdse control In policy or management of the company if any awneror teenier msaboa bodiless entityyoumustcompletethis fromtodisdosethe of Dolmenentayesvia Last Name First Name Middle initial Residential Address PrimaTelephone Number I YiCo S -- N Lo51'IsS—les:RS atOckt_ fir 1c- We.( h 'n Zip Code Ss az Title as Owner,General Partner,limited Pader,Director) lest Name First Name Middle Initial Residential Address Primary Telephone Number City I State Zip Code Title(Such as Owner,General Partner,Limited Partner,Metter) This form may be photocopied if additional forms are needed Page 7 of 12 Page 227 of 254 Codes To Be Used and Listed on Floor Plan (on the next page) Chair(Any Style) 4. Cabinet(Supplies) tP Sink I. Table(All Styles) jShampoo Bowl J. Hot Water Heater D. Pedicure Spa Jig. Dispensary Area Work Stations Counter/Cabinets x Restrooms iCovered Container(Soiled Towels) M. Entrance/Exit X Cabinet(Clean Unens) UOO V000oo 0 1 D 0 0 H A Q 010 E 111 0 1 0 " 0 0 0 0 0 D Waiting Area Mania+ren edlaseRoorn 0 F G G G ' G 0 o ii i2 G j 0 p _ M -�; THIS IS AN 0 E /3. Restrms rr EXAMPLE E Hair Station V D Area — 4 £ M _ I'. Q u 0 . 0 H Shampoo Area 0 H H H E 0 0 0 0 A !1 F U FsEsthetician Room I a G G G 8 Page 8 of 12 Page 228 of 254 S, Ion Floor Pine /� /y / ,�, + p n �� NAME OF SALON U 0MO Lo x Sat on {1.'+Q Total Floor Space (from salon floor plan below) ti 3,7vsquarefeet a�la�iaee>,wReoeamon sest�oomandsntr�raraa .►hlcn are part ofm:sion floor space feet: iheceptioo Are=l3'agw,n Total Deductions(from calculation at Right) — square feet RestroomAna sgwre Supply Area xr squarefeet Total Work Space(TaatnoarSpaoe minas Todoedunlas) = square f Total Deductions square fee Prepare a diagram of the salon floor plan following the example on page S: • falbstge used for regulated servloes gagghiggigIgk(or shampoo bowl). • The diary must also have a sink. • Each roan must be labeled as what it is used for. • All codes from page 8 are required to be used(excluding possibly the pedicure spa and/or shampoo bowl). • You may Instead submit blue p Ints/fot mal drawings with appropriate codes and labels(neat stm complete above deductions). Each square below represents 5 feet by 5 feet. If your salon Is larger than 50 feet by 50 feet,attach additional pages to show complete floor plan. c rot1 k' 0• . i - r'' 1 r melon / j1, trcloe. CV DiCCf10 INIoup S art& „r) + ' xeji rA ..r, '. Al 10 ii i*i� 4''PSii-0orr) i S �te4- t ion i 5iia LA);d 4,. �� — f 1 5,1 Of % 5 G. a k+ t O-e Page 9 of 12 1 Li t U .,4-- 1 o n ibrk9 vA'n 1 i sr C .e5 Ol f.e.p 4Iye Ctil ftt i— uP Z d'e Cwi1n ail 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$2,000 per violation may be assessed,to the salon manager and owner or loss of licensure may result. o The current salon license,salon manager license,and all licenses of employees and independent contractors must be posted conspicuously at the salon. o The salon must post a notice regarding availability of inspection records. Boma -Renew Online! o Your salon license will expire on the anniversary of your three-year license period. If you fail to renew on or before that date,you will be considered expired and not eligible to offer services. Additional renewal fees will apply If you fail to renew on time. The Board makes every effort to mall renewal notices to each licensee,but it is your obligation to renew your license on time whether you receive a notice or not. o Failure to renew the salon license within 30 days of expiration date would require the submittal of a new salon application. Men Chant • If you change your manager,you must notify the Board immediately. Mangan a • Complete the Name Change Form within 60 days of the change. Owner/Business Structure_Chanae • Complete an initial Salon Application within 60 days of the change. Md s C'hanee • If.your salon moves locations,you must complete and submit an entirely new Salon Application and complete all the requirements for a new salon. Pnline License Verification • To verify the license status of persons performing services at your salon,use the Online License Verification at www.bceboard.state.mn.us. Cosmetoloev Laws and Rules • Copies of Cosmetology Laws and Rules are available from the Minnesota Bookstore at 651-297-3000 or www.leg.state.mn.us. Page 10 of 12 Page 230 of 254 Owner and Salon Mangy Acknowledeemgts and Certification 9$Applicant lbentriskamugiumniugahm 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 ft is our responsibility to have a first aid kit in our salon and employees will be made aware of where this is located. 616 (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 dosed at all times. 4:202, (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. -416 (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. (313 (Initials of at least 1 owner) H. We acknowledge that there is a waste receptacle at each station. C) (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 231 of 254 iikahlinagrzegnekthskimanu I,the licensed salon manager for the salon listed in this application,certify that I will be the licensed salon manager and I 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 orgctitioger 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. 11� 100LS 9, 3O / D014 Salon Manager License Number SalorManager Expiration Date Sara-k Pe11 Salon Manager Printed Name I \ • 1-7 . 13 Salon Manger Signature Date aillaffidARROSPIWILISZtrliatim I certify that the information submitted within this application is true and correct I also certify that this document has not been altered or changed in any manner from the form adopted by the Board of Cosmetologist Examiners. ‘.9SIOLPICe 6e_P . 11 . i3 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 232 of 254 - _ I Certificate of Insurance `j,.n Mil This certifies that 1:i State Farm Fire and Casualty Company,Bloomington.Illinois • State Farm General Insurance Company,Boomirgiton,iilnois I! State Farm Fie and Casualty Company,Aurora,Ontario • i»we.HCi. • State Farm Florida Insurance Company,Winter Haven,Florida • State Farm Lloyds,Dallas,Texas insures the following pock yholder for the coverages indicated below: Policyholder Sarah Bell Address of potcyhoider 1900 County Rd D E,Maplewood MN 55109 Location of operations Description of operations Sarah Bail The policies listed below have been issued to the policyholder for the policy periods shown.The insurance descxted in these policies is subject to air the terms,exclusions,and conditions of those policies.The limits of liability shown may have been reduced by any paid claims_ Policy Period Limits of Liability Policy Number Type of Insurance Effective Date I Expiration Date (at becalming of policy trod) BODILY INJURY AND 93-BR_-0197-5 F Business Liability __ 07-0!3,2013 I 07-0S-2014 PROPERTY DAMAGE This insurance indudes: • Products-Completed Operations ----- ---------'---____ IM Contractual Liability Each Occurrence • Personal Injury 1,000,o00.00 •• Advertising Injury General Aggregate $ 2,000,000.00 •• Product-Completed $ 2,000,000.00 Operations Aggregate Policy Number EXCESS LIABIUTY Effective Date Period Expiration Date BODILY INJURY AND PROPERTY DAMAGE ❑ t (Combined Singe Limit) Each Occurrence $ ❑Other Aller $ Policy Period eirie Effective Date I Expiration Date Part I- Workers Compensation-Statutory Workers'Compensation i Part II-Employers Liability and Employers Liability c Each Accident $ 1 Disease-Each Employee $ i Disease-Polcy Limit $ Policy Period Limits of Liability Policy Number Type of insurance Effective Date I Expiration Date (at beginning of policy period) I 1 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®vile try to mail a 2$29 University Ave,Ste 710 written notice to the certificate holder days Minneapolis,MN 55414 before cancellation.If we fail to mail such notice,no obligation or liability will be imposed :• State Farm or its agenda or.._._._=ntatives. S' :, '7-entative 07102/13 Title Dide Am = n Agent Name ' Telephone Number(651)735-4193 Agents Code Stamp Agent Code 23-7363 1001 AFO Code Page 233 of 254 $05.49910 0645.2009 , , -...,,,,,,,,,,,, ,,,«,--e,,:,.,.",4;4,,i,i•;,4,:,'-i,:*,.t.-* , =-.,,,;:',.:-.:;;,',' -.7-. : - ' ==' - - '- . . rxHIBIT. 4 ,*,: L. r ,,,, • L.. ; . . .-' _,•:•:::,.:-. -:-.H.:..:.''...:"!:,,;t•-•..„.,-.T '—iiiiiiit;c414.7f,lut$ ,.,, ..,...,.„ . , ''' ' I t 44- ..: . .. ...:._ . ... • 14 ir,,. If ... i 1 ''' ' ' 11!"11 I: III .' ir / ■ )14' ,- . 7' f!: . , 1 ie• 1 ; -• I ( i ,.... . t 1 . 1 , 1 = . • 1 ■ . -, I , . 1 , , ' '•,;,..,.:::;;;;;:,,,,,:„.,_,. , ■ ,i; i , 1 , , 1 ' , . . ., 1, • ...., .,.. ,_____.---, , . , `,„'f., , . •. I ,,, ' '''■' 1 ' I ." Alp ,44,111iii t,,, Ili_ ,.. . •,,,_ , 1 ii ''',=.- L.,..___ . gli t.• Tim . , ._ 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 1 3930 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 235 of 254 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 12,2013 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 COMMIISSION 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 not be conducted between the hours of 10:00 PM and 7:00 AM. 7. The Planning Commission recommends that the applicant be allowed to sell a limited amount of retail product. 8. The Applicant shall identify the amount of area the salon will occupy in the residence. 2 Page 236 of 254 m Recommended by the Planning Commission of the City of Oak Park Heights this 12 day of December,2013. Jennifer Bye, Chair ATTEST; Eric A.Johnson, City Administrator 3 Page 237 of 254 ATTACHMENT A • �wr 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 238 of 254 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 239 of 254 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 THL+' 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 240 of 254 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 12,2013 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 not be conducted between the hours of 10:00 PM and 7:00 AM. 7. The City Council approves the Applicants request to sell a limited amount of retail product related to the home occupation business. 8. The Applicant shall identify the amount of area the salon will occupy in the residence. 2 Page 241 of 254 it Approved by the City Council of the City of Oak Park Heights this 26th day of December,2013. Mary McComber,Mayor ATTEST: Eric A. Johnson,City Administrator 3 Page 242 of 254 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 243 of 254 ATTACHMENT B • -r 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 244 of 254