DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
Title
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A 240 SQUARE FOOT DETACHED STRUCTURE TO BE USED FOR A HOME OCCUPATION AND FOR ALLOWANCE OF MORE THAN TWO ACCESSORY STRUCTURES ON THE LOT IN AN R-1 (SINGLE FAMILY) ZONING DISTRICT, LOCATED AT 11772 JEFFERSON STREET NE. SARAH BARTELL. (CASE FILE NO. 17-0034/LSJ)
Schedule of Actions
|
Planning Commission (Public Hearing) |
08/08/17 |
|
City Council (Conditional Use Permit) |
09/07/17 |
|
Action Deadline |
10/07/17 |
Planning Commission
The Planning Commission voted unanimously to approve the conditional use permit. Public comment included concerns for impact to property values, parking and traffic safety, privacy, location of the structure and number of clients.
Background
The applicant is requesting a Conditional Use Permit to allow for the construction of a 240 square foot detached structure to be used for a home occupation. The applicant wishes to operate a small photography office/studio in the structure, which will be required to be in the rear yard of the property. The applicant would like to have two photography sessions per week, with 1-2 daily customers entering the property approximately 2-3 days per week. The Zoning Ordinance requires a conditional use permit for home occupations that are operated in garages/accessory structures.
The proposed shed would be 240 square feet and when combined with the square footage of an attached garage and very small shed, the total square footage of garage/accessory space on the property would be 782 square feet. This square footage is less than the allowed 1,000 square feet of garage/accessory space that is allowed in the R-1 (Single Family) zoning district in which this home is located. It should be noted that the conditional use permit would also allow the other shed to remain on this property as the ordinance requires a conditional use permit for more than two accessory structures per lot. The other small shed can be located on that side of the building because there is access to the garage in this location.
The applicant has provided a narrative that indicates how she would like to use the proposed shed. She currently has a studio in Minneapolis that does not meet her needs. She would like to be able to use the shed as a studio to allow her and her clients more flexibility while staying within a budget.
The proposed shed would be required to match the house (colors) and the applicant has provided a rendering of the shed. The site plan that she has provided indicates that the shed would be located within an area that is not allowed under current ordinance requirements. Ms. Bartell was informed about the 20-foot side yard setback requirement on this side of the lot, but it was later determined that the ordinance would not allow a shed in the side yard of the property unless there is direct access from the house in this location. Thus, the applicant’s proposed location does not work and the shed will need to be located in the rear yard of the property as shown on the attached site plan.
The City’s home occupation ordinance allows for home occupations in garages/accessory structures with the issuance of a conditional use permit in the R-1 (Single Family) zoning district. The applicant meets other parts of the home occupation ordinance by not having any outdoor storage, any employees other than the applicant, and having less than four customers entering daily. In fact, the applicant could operate this studio out of her home without the need for a conditional use permit. She needs the permit because she is choosing to operate in an accessory structure.
Please note that the final two conditions have been added based on the discussion and input from residents at the Planning Commission meeting.
Recommendation
By motion, approve the Resolution.
Attachments
Zoning and Location Map
Site Plan
Narrative
Image of Proposed Shed
Body
WHEREAS, an application has been filed by Sarah Bartell as Conditional Use Permit Case File No. 17-0034; and
WHEREAS, a public hearing has been held by the Blaine Planning Commission on August 8, 2017; and
WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and
WHEREAS, the Blaine City Council has reviewed said case on September 7, 2017.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Section 33.11 of the Zoning Ordinance to allow for the operation of a home occupation (photography studio) in a 240 square foot detached accessory building under Zoning Section 33.11 (d) (3) and more than two garage/accessory structures at 11772 Jefferson Street NE based on the following conditions:
1. The 240 square foot shed will need to be located in the rear yard of the property as shown on the attached site plan.
2. A building permit and certificate of occupancy must be obtained for the shed prior to construction.
3. The applicant must schedule a yearly inspection of the shed with the Community Standards Department (Fire Inspectors) to ensure there are no safety hazards for the applicant or her clients. This inspection should be scheduled upon construction of the shed and should be done yearly from the date of the first inspection.
4. No outside storage of any kind associated with the business is allowed.
5. No more than 4 customers should enter the property daily.
6. There should be no employees of the business other than those living at the residence.
7. The City Council has the right to review this conditional use permit further if this use ever becomes a detriment to the neighborhood.
8. No other detached accessory structures are allowed on the property.
9. The entry door to the new detached structure must face south.
10. All customers must enter the lot from Jefferson Street, or the east side of the lot. Customers must walk around the south side of the home to enter the structure.
PASSED by the City Council of the City of Blaine this 7th day of September, 2017.