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HomeMy WebLinkAbout2013-12-12 PC Recommending Resolution 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 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 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 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 Recommended by the Planning Commission of the City of Oak Park Heights this 12th day of December, 2013. 401 Je..-; ^ :7r ATTE ":/ / -- Eric A. • son, City Administrator 3 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 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)