HomeMy WebLinkAbout20090817 - VIII-B-1Memo
To: Mayor Hicks and City Council Members
From: Kari Barker, Associate Planner
Date: August 17, 2009
Subject: Resolution: Don Turnbull -Type II Home Occupation License
Review #09-21 at 200 State Street
REQUEST
Don Turnbull has requested a Type II Home Occupation License to operate Don's Bright
Lights, LLC, which would involve headlight lens restoration at 200 State Street.
RECOMMENDATION
At the August 10, 2009, Planning Commission meeting, the Commission voted 6-0 to
recommend approval subject to the conditions of the attached resolution. No one from the
public spoke for or against the item during the meeting.
ATTACHMENTS
• Resolution
• Location Map
• Aerial view of home
• Application
BACKGROUND INFORMATION
Comprehensive Plan Classification
The 2020 Comprehensive Plan designates the property as U-I, Urban Residential with 1-3
units/acre.
Zoning Classification
The subject property is zoned R-2, Medium Density Residential. Type I I Home Occupations
are a permitted use upon review of Council.
Adjacent Zoning and Land Use
All of the adjacent properties are zoned R-2.
south of the property.
There is a meat processing business to the
Existing Condition
The existing home was built in 1938. A detached garage is located off of State Street,
which will be used for the Home Occupation.
HOME OCCUPATION REVIEW
Ordinance Requirements
Home occupations are regulated as either Type I or Type II. Type I -non-licensed
home occupations are allowed without a license. Type II licensed home occupations-
require alicense and must be passed by Planning Commission.
The applicant requires a Type II -licensed home occupation permit because the garage
will be used for the Home Occupation.
Outside Employees
The applicant has indicated that he will be the only employee.
Access and Parking
The length of the driveway allows room for several cars to park off-street. However, the
applicant states there will be one to two vehicles maximum parked on the driveway.
Equipment
The applicant states the equipment will include different grades of abrasive discs, plastic
cleaner and plastic polish.
Signage
The applicant states there is no immediate plan for a sign on the property, though there will
be a sign on the side of the truck used for the business.
Noise
The applicant states that the noise will be minimal and result from the usage of an air
compressor, sander, and polisher.
Per 155.07 Special Provisions, (D) Home Occupations, (2) General Regulations, (c)
"There shall be no indication of offensive noise, vibration, smoke dust, odors, heat, or
glare at or beyond the property line."
Per 95.23 Public Nuisances Affecting Peace and Safety, (V) 2 Hourly restriction of
certain operations, (a) Domestic Power Equipment, "No person shall operate a power
lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or
other similar domestic power maintenance equipment except between the hours of 7:00
a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m
on any weekend or holiday.
Comments from Neighbors
Notice has been sent to neighboring residents. Staff received a comment from one
neighbor in support of the business.
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HASTINGS APPROVING THE TYPE II HOME OCCUPATION
LICENSE FOR DON TURNBULL AT 200 STATE STREET
Council member
its adoption:
introduced the following Resolution and moved
WHEREAS, Don Turnbull has petitioned for approval of a Type II Home Occupation
License to operate Don's Bright Lights, LLC from an accessory building at 200 State Street, legally
described as all of lot 1 Blk 9 & E 40 Ft of lot 2 block 9, Addition No 13, Dakota County,
Minnesota; and
WHEREAS, on August 10, 2009, a review was conducted before the Planning Commission
of the City of Hastings, as required by state law, city charter and city ordinance; and
WHEREAS, The Planning Commission of the City of Hastings recommended approval of
the Type II Home Occupation License subject to the conditions of this resolution.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the Type II Home Occupation License request of Don
Turnbull as presented to the City Council subject to the following conditions:
1) That the business be operated incompliance with the information provided by the applicant.
The applicant shall provide the Planning Department notice of changes that expand the
business (i.e. additional outside employees) to determine if the business is operating within
the confines of the code.
2) That the business will be operated in compliance with the Home Occupation regulations as
established by the Hastings City Council.
3) That the Type II license will be in a probationary status for one year. When the year is up,
the Council will review the license and determine whether it should be issued for the
remaining two years.
Council member _
vote adopted by
Ayes:
Nays:
Absent:
ATTEST:
Paul J. Hicks
Mayor
present.
Melanie Mesko Lee
City Clerk
moved a second to this resolution and upon being put to a
(City Seal)
I HEREBY CERTIFY that the above is a tn~e and correct copy of resolution presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the 17ti' day of August, 2009,
as disclosed by the records of the City of Hastings on file and of record in the office.
Melanie Mesko Lee, City Clerk
This instrument drafted by: (SEAL)
City of Hastings (KSB)
101 4th St. East
Hastings, MN 55033
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Aerial View
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Applicant: _ r ~ ~ /4 ~ l l~i.~ ~ (til.,~
Business Name: - LLC
Address: S i4-- 5
City: .s State: [~~ Zip: SSo33
Home P ne: S - 3?- ork Phone: 55'01 - 3 ~{S- ~t 1 bO
Email: b a. "L.CCY{~ax:
Property Owner (If different from above):
Address:
City: State: Zip:
Home Phone: Work Phone:
Email: Fax:
Do you own or rent this property? ~(,~
If you do not own the property, you must attach written permission from the
property owner to operate the business at that location.
Zoning Designation: •
Please fill out this form and the license type determiner form, and return it to the
Planning Department, along with the $250 application fee. The application review
will not be scheduled for a Planning Commission meeting until all required
materials have been provided.
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If additional space is needed to adequately answer any of the following
questions, answer on a separate sheet of paper. Please number your answer to
correspond with the question.
1. Describe the proposed home occupation:
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2. Describe the character of the surrounding properties:
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3. Of those who reside in the home, who will be employed in this home
occupation and what will their duties be? ~~~~ ~~ .
4. Will there be any people employed in the home occupation who do not live
in the home? If yes, describe the need for their employment, the number of
employees, their duties, and their hours of employment.
5. In what part of the home will the home occupation be located? How will
customers/employees access the area?
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6. Will the home occupation be carried out in a garage, shed, or any other
part of the property other than the home? If yes, describe what activities will take
place in the garage/shed and/or what materials and in what quantity will be
stored in the garage/shed: ~~5 ~~~d~ ~ ..1- ~~-~~~~c
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7. What are the intended days and hours of this home occupation?
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8. How many customers will visit your home occupation at any one time, on
any given day during any given week? If none, skip to Question 10.
9. Do you have off-street customer parking available at your home
occupation? Attach a detailed drawing showing the location, capacity, type of
parking surface, and dimensions of parking area:
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10. Will the home occupation require or involve any equipment not normally
found in the,~~e? If yes, describe the equipment: ~(('~
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11. Will the home occupation involve the sale of merchandise over the counter
that is produced off the property? If yes, describe the merchandise to be sold: ~®
12. How long do you anticipate the home occupation will be operated at this
address? ~ ~ C'Yl~ ~ I ~~
13. Are there any interior or exterior alterations required for this home
occupation? If yes, describe the interior and/or exterior alterations required: ~D
14. Will the home occupation produce glare, noise, odor, or vibration that will
be noticeable outside the home? If yes, describe: ~®
15. Do you plan on displaying any signs advertising your home occupation? If
yes, attach a drawing of the proposed sign, including the size, materials, color
and location of the sign.
16. Are there any licenses or permits that are required from any government
agencies to legally conduct this home occupation? If yes, list the licenses or
permits below:
17. May the City inspect the property during the time this application is being
considered for approval? j] .e Cf
18. List any additional information concerning this home occupation that you
believe is necessary for consideration of your application:
By signing this application, I declare that 1 have read Chapter 15, Section 155.07
(D)Home Occupations of the Hastings City Ordinance, and that all of the
information provided to the City of Hastings on this application, or as a part
thereof, is true and accurate to the best of my knowledge.
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Signature of Applicant Date