HomeMy WebLinkAboutPlanning Commission Packet 08-05-2020Planning Commission 1 of 1 August 5, 2020
CITY OF PLYMOUTH
AGENDA
Regular Planning Commission
August 5, 2020, 7:00 PM
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
1.1 Instructions to participate in the Virtual Planning Commission Meeting
2. PUBLIC FORUM
3. APPROVE AGENDA
4. CONSENT AGENDA
4.1 Proposed minutes from the July 1, 2020 Planning Commission meeting.
July 1, 2020 draft minutes
5. PUBLIC HEARINGS
6. NEW BUSINESS
6.1 Home Occupation License to operate dog grooming business from the home at 4850
Evergreen Lane N.
Planning Commission Report
Resolution
Section 21145 - Home Occupations
Applicant's Narrative
Correspondence Received
Location Map
Aerial Map
Notification Area Map
Floor Plan
7. ADJOURNMENT
1
Regular
Planning
Commission
August 5, 2020
Agenda
Number:1.1
To:Dave Callister, City Manager
Prepared by:Steve Juetten
Reviewed by:Steve Juetten, Community Development Director
Item:Instructions to participate in the Virtual Planning Commission
Meeting
1. Action Requested:
The Chair provides instructions for the public to participate in the meeting by phone or online.
2. Background:
Planning Commission meetings will be conducted virtually (via Zoom webinar/conference call) due
to the state of local emergency for the COVID-19 pandemic. Members of the Planning Commission
and staff will participate in this meeting via telephone/video conference.
Watch the Meeting
The meeting will be live-streamed and available for replay:
• Online at https://ccxmedia.org/ccx-cities/plymouth
• Cable Channel 16 (CCX Media)
• Online via Zoom
Public Comments
Written comments: Comments may be submitted for inclusion in the Planning Commission packet
by emailing city staff at planning@plymouthmn.gov. You may also request that comments of up to
one page be read into the record by the Community Development Coordinator.
Speaking during the meeting: The public may address the Council regarding an item on the agenda
via Zoom conferencing service at no cost. Those who wish to speak must register online via Zoom
and indicate that they wish to provide public comment on an agenda item. Register via Zoom at:
https://us02web.zoom.us/webinar/register/WN_LwLcGzVWS4CIxKWH9LHqhg
Registration will remain open and will be monitored for the entire meeting.
3. Budget Impact:
NA
2
4. Attachments:
3
Regular
Planning
Commission
August 5, 2020
Agenda
Number:4.1
To:Dave Callister, City Manager
Prepared by:Steve Juetten
Reviewed by:
Item:Proposed minutes from the July 1, 2020 Planning Commission
meeting.
1. Action Requested:
Approve proposed minutes from the July 1, 2020 Planning Commission meeting.
2. Background:
NA
3. Budget Impact:
NA
4. Attachments:
July 1, 2020 draft minutes
4
Proposed Minutes 1 of 2 Meeting of June 17, 2020
Proposed Minutes
Planning Commission Meeting
July 1, 2020
Chair Anderson called a Meeting of the Plymouth Planning Commission to order at 7:00 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on July 1, 2020.
COMMISSIONERS PRESENT: Chair Marc Anderson, Commissioners Bryan Oakley, Donovan
Saba, David Witte, Justin Markell, Michael Boo and Julie Jones
COMMISSIONERSABSENT:
STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill and
Community Development Coordinator Matt Lupini
OTHERS PRESENT:
Chair Anderson led the Pledge of Allegiance.
Plymouth Forum
Approval of Agenda
Motion was made by Commissioner Boo, and seconded by Commissioner Witte, to approve the
agenda. With Oakley, Saba, Witte, Markell, Boo, Jones and Anderson voting in favor, the motion
carried.
Consent Agenda
Motion was made by Commissioner Markell, and seconded by Commissioner Oakley, to adopt the
Consent Agenda that included the following items:
(4.01)Planning Commission minutes from meeting held on June 17, 2020.
(4.02) Christopher Bringe. Variance for impervious surface coverage for property located at
14730 51st Avenue. (2020044)
With Oakley, Saba, Witte, Markell, Boo, Jones and Anderson voting in favor, the motion carried.
Public Hearings
New Business
Adjournment
5
Proposed Minutes 2 of 2 Meeting of June 17, 2020
Chair Anderson adjourned the meeting at 7:11 p.m.
6
Regular
Planning
Commission
August 5, 2020
Agenda
Number:6.1
To:Planning Commission
Prepared by:Matt Lupini, Community Development Coordinator
Reviewed by:Steve Juetten, Community Development Director
File No:2020-047
1. Applicant:
Katie Pavlik
2. Proposal:
Home occupation license application request to operate a dog grooming business from the home.
3. Location:
4850 Evergreen Lane N
4. Guiding:
LA-1 (Living Area 1)
5. Zoning:
RSF-1 (Single Family Detached 1)
6. School District:
Robbinsdale (281)
7. Review Deadline:
October 4, 2020
8. Brief Description:
The applicant, Katie Pavlik, is requesting a home occupation license to operate a dog grooming
business from her home.
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9. Attachments:
Planning Commission Report
Resolution
Section 21145 - Home Occupations
Applicant's Narrative
Correspondence Received
Location Map
Aerial Map
Notification Area Map
Floor Plan
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Agenda Number
File 2020047
PLYMOUTH COMMUNITY
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
STAFF REPORT
TO:Plymouth Planning Commission
FROM:Matt Lupini, Community Development Coordinator (509-5413) through
Steve Juetten, Community Development Director
MEETING
DATE:August 5, 2020
APPLICANT:Katie Pavlik
PROPOSAL: Home Occupation License to operate dog grooming business from the
home
LOCATION:4850 Evergreen Lane N
GUIDING:LA-1 (Living Area 1)
ZONING:RSF-1 (Single Family Detached 1)
REVIEW
DEADLINE:October 4, 2020
DESCRIPTION OF REQUEST:
The applicant, Katie Pavlik, is requesting a home occupation license to operate a dog grooming
business from her home.
Section 21030.04, Subd. 2.(a) of the zoning ordinance allows home occupation licenses to be
approved administratively unless the city receives written objections. During a 14-day review
period for property owners (within 200 feet of the applicant’s residence) to respond to the request,
staff received opposition from six neighboring property owners and six responses in support of the
project. Consequently, staff cannot act on the application administratively. The opposition to this
home occupation license is based on: 1) commercial activity being conducted in a residentially-
zoned area; 2) increased neighborhood traffic and on-street parking; 3) safety concerns; and 4)
reduced property values.
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File 2020047
Page 2
Notice of this public meeting was mailed to all property owners within 200 feet.
CONTEXT:
Surrounding Land Use and Zoning
ADJACENT LAND USE GUIDING ZONING
North (across 48th Pl),
East, & West (across
Evergreen Ln)
Single family homes within
Zachary Hills subdivision LA-1 RSF-1
South Single family home within
Zachary Hills subdivision LA-1 RSF-2
Previous Actions Affecting Site
The subject property was platted as part of the Zachary Hills 4th Addition in 1984. The home was
constructed in 1986.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city’s discretion in approving or denying a home occupation license is limited to whether or
not the proposed home occupation meets the measurable standards outlined in the zoning
ordinance. If it meets these measurable standards, the city must then approve the home
occupation license.
ANALYSIS:
Business Activity
The city allows home businesses that meet certain conditions. The purpose of the city’s home
occupation regulations is to maintain the character and integrity of residential areas and to provide
a means through the establishment of standards and procedures by which home occupations can
be conducted in residential neighborhoods without jeopardizing the health, safety and general
welfare of the surrounding neighborhood.
The zoning ordinance states that any home occupation shall be clearly incidental and secondary
to the residential use of the premises, shall not change the residential character thereof, and shall
result in no incompatibility or disturbance to the adjacent residential uses. It also states the
business shall not produce any light, glare, noise, odor or vibration that would in any way have
an effect on adjacent properties.
The applicant states that her dog grooming business would generate roughly 30 clients per week
or around six per day (the zoning ordinance allows a maximum of ten clients per day). No
modification to the outside of the home would be needed for the home business and less than 25
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File 2020047
Page 3
percent of the gross floor area of the home would be used for the business. Minor interior
modifications to the home would be made, including plumbing improvements and addition of a
wall to separate the grooming area from the rest of the basement. No exterior signage would be
proposed or allowed for the home business.
The applicant states thatno person, other than herself, wouldbe employed by the home occupation.
Parking Concerns
The applicant states that any clients would be instructed to park in the driveway, but that some
may choose to park on the street. Staff notes that adequate space is available in the driveway for
parking. While there has been neighborhood opposition regarding the potential on-street parking
generated by the potential home occupation, Section 21145.04, Subd. 3 (d) of the zoning ordinance
allows licensed home occupations to accommodate their parking demand through use of on-street
parking at the discretion of the Zoning Administrator. The driveway at this property has two
approaches – one off of Evergreen Lane and the other off of 48
th Place. Based on the size of the
driveway and its two approaches, the driveway space should be adequate for clients to park without
use of on-street parking.
Traffic/Safety Concerns
The applicant states that her proposed home occupation would generate roughly 30 clients per
week, or around six per day, Monday thru Friday. This number of clients would create a maximum
of twelve trips per day (each client would constitute two trips). A typical single family home
generates ten vehicle trips per day. Section 21145.04, Subd.3 (e) of the zoning ordinance allows
up to ten client appointments per day upon the premises. Evergreen Lane is constructed to public
street standards and could accommodate the additional trips that would be generated as a result of
the home occupation.
Several neighbors expressed concerns over the safety for people walking in and around the
neighborhood, specifically children and physically disabled residents who live and walk in the
area frequently. The applicant has stated that she will make clients aware of children and
physically disabled residents in the neighborhood, instructing them to drive slowly and to park in
the driveway. In addition, several neighbors raised a concern regarding the trail connection
between 48th Avenue and Evergreen Lane, specifically as it relates to bikers and joggers using it
as a cut-through. Staff contacted the Plymouth Parks & Recreation Department about this
concern. They stated that the home business would raise little to no pedestrian safety concerns,
given the limited number of clients coming to the home.
Hours of Operation
The zoning ordinance requires home occupations to operate between the hours of 7:00 a.m. and
10:00 p.m. The applicant states that she would comply with these hours. Specifically, the
applicant states that all client appointments would be weekdays during the hours of 8:00 a.m. and
4:00 p.m.
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File 2020047
Page 4
Property Values
Several neighbors expressed concerns over the proposed business reducing property values in the
area. Staff contacted the Hennepin County Assessing Department about this concern. They
stated that the home business would have little to no negative effect on the property values,given
the limited number of clients coming to the home and the prohibition of exterior signage
advertising the business.
FINDINGS:
The standards in the ordinance were developed to address and control any adverse effects that may
result from a home occupation. Staff finds that the applicant’s proposed dog grooming business
would be consistent with the home occupation regulations and would be compatible with the
neighborhood. Specifically, the applicant would limit the number of clients to less than the
permitted ten clients per day as allowed. In addition, any parking related to the business would
not be on the street, but in the driveway. Staff further finds that the additional traffic that would
be generated from the proposed home occupation would be negligible.
Staff used the standards in section 21145 of the zoning ordinance to make the following findings
on the proposed home occupation license. A copy of the standards is attached.
a) The home occupation would be clearly incidental and secondary to the residential use of the
premises, would not change the residential character of the neighborhood, and would not result
in a disturbance to the surrounding uses.
b) There would be no use of equipment that would cause electrical interference to surrounding
properties.
c) On-street parking shall not be utilized for parking demand. The applicant would use the
driveway to accommodate parking demand.
d) There would not be any exterior storage of equipment or exterior signage used in the home
occupation.
e) Less than 25 percent of the gross floor area of the home wouldbe used for the home occupation.
f) No person other than those who reside in the home would be employed on the premises.
CONCLUSION:
Staff finds that with the conditions in the attached resolution, the home occupation meets all of the
measurable standards outlined in the zoning ordinance.
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File 2020047
Page 5
RECOMMENDATION:
Community Development Department staff recommends approval of the home occupation
license for Katie Pavlik to operate a dog grooming business out of the home located at 4850
Evergreen Lane North, subject to the conditions listed in the attached resolution.
ATTACHMENTS:
1. Draft Resolution Approving the Home Occupation License
2. Section 21145 – Home Occupations
3. Applicant’s Narrative
4.Correspondence
5. Location Map
6. Aerial Photograph
7. Notification Area Map
8. Site Graphics
P:\Planning Applications\2020\2020047 Pavlik dog grooming salon\Comm Dev\PC Report (8-5-20)
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CITY OF PLYMOUTH
RESOLUTION NO. 2020-
A RESOLUTION APPROVING A HOME OCCUPATION LICENSE FOR KATIE PAVLIK TO
OPERATE A DOG GROOMING BUSINESS OUT OF THE HOME LOCATED AT 4850 EVERGREEN
LANE NORTH (2020047)
WHEREAS, Katie Pavlik has requested approval of a home occupation license to operate a dog
grooming business out of her home located at 4850 EvergreenLane North; and,
WHEREAS, the subject property is legally described as Lot 16, Block 5, Zachary Hills 4
th Addition,
Hennepin County, Minnesota; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the request by Katie Pavlik for a home occupation
license at 4850 Evergreen Lane North, subject to the following findings and conditions:
1. The home occupation license is approved for a dog grooming business in accordance with
the application and plans received by the city on June 22, 2020, and additional information
on June 25, 2020, except as amended by this resolution.
2. Compliance with section 21145 of the zoning ordinance, relating to home occupations.
3. The applicant must meet the following general standards:
a) The home occupation shall be clearly incidental and secondary to the residential use of
the premises, shall not change the residential character of the neighborhood, and shall
not result in a disturbance to the surrounding uses.
b) There shall be no use of equipment that would cause electrical interference to
surrounding properties.
c) On-street parking shall not be used for parking demand. The applicant shall use the
driveway to accommodate parking demand.
d) There shall not be any exterior storage of equipment or exterior signageused in the home
occupation.
e) Less than 25 percent of the gross floor area of the home shall be used for the home
occupation.
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Resolution 2020-
(2020047)
Page 2
f) No person other than those who reside in the home shall be employed on the premises.
4. Any subsequent phases or expansions are subject to required reviews and approvals per
ordinance provisions.
5. The home occupation license is valid for one year from the date of approval. The home
occupation license may be issued for a period of one year after which the license may be
reissued for periods of up to three years each by the Zoning Administrator.
ADOPTED by the City Council on August 25, 2020
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
August 25, 2020, with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ____________day
of ____________________.
____________________________________
City Clerk
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SECTION 21145. - HOME OCCUPATIONS
21145.01. - Purpose.
The purpose of this section is to maintain the character and integrity of residential areas and to
provide a means through the establishment of specific standards and procedures by which home
occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and
general welfare of the surrounding neighborhood. In addition, this section is intended to provide a
mechanism enabling the distinction between those home occupations having minimal or no secondary
impact, and those which have potential for adverse effects upon surrounding properties.
21145.02. - Application.
All occupations other than home offices as defined by Section 21005 of this Chapter which are
conducted in the home shall comply with the provisions of this section.
(Amended by Ord. No. 2007-05, 01/23/07)
21145.03. - Procedures and Permits.
Subd. 1. Permitted Home Occupations.Permitted home occupations, as defined in this Chapter, are
exempt from permitting and licensing requirements but shall comply with the applicable provisions of
Section 21145.04.
Subd. 2. Licensed Home Occupations.Licensed home occupations, as defined in this Chapter, shall
require a "home occupation license" which shall be applied for, reviewed and processed in
accordance with the procedural provisions of Section 21030.04, Subd. 2.(a) of this Chapter.
(Amended by Ord. No. 2002-32, 11/26/02; Ord. No. 2007-05, 01/23/07)
Subd. 3. Declaration of Conditions.The Zoning Administrator and City Council may impose such
conditions on the granting of a home occupation license as may be necessary to carry out the
purpose and provisions of this section.
Subd. 4. Effect of Permit.A "home occupation license" may be issued for a period of one (1) year after
which the license may be reissued for periods of up to three (3) years each by the Zoning
Administrator.
Subd. 5. Transferability.Home occupation licenses shall not run with the land and shall not be
transferable.
(Amended by Ord. No. 2007-05, 01/23/07)
21145.04. - Requirements.
Subd. 1. General Provisions.All home occupations shall comply with the following general provisions:
(a) No home occupation shall produce light, glare, noise, odor or vibration that will in any way have
an objectionable effect upon adjacent properties.
(b) No equipment shall be used in the home occupation which will create electrical interference to
adjacent properties.
(c) Any home occupation shall be clearly incidental and secondary to the residential use of the
premises, shall not change the residential character thereof, and shall result in no
incompatibility or disturbance to the adjacent residential uses.
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(d) 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.
(e) The home occupation shall meet all applicable fire and building codes.
(f) There shall be no exterior display or exterior signs or interior display or interior signs which are
visible from outside the dwelling.
(Amended by Ord. No. 2000-06, 02/29/00)
(g) All home occupations shall comply with the provisions of the City Nuisance Ordinance.
(h) No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m.
(i) Excepting incidental materials, no commodities shall be sold on the premises.
(j) Not over twenty-five (25) percent of the gross floor area of the home (excludes attached or
detached accessory structures) shall be used for a home occupation.
(Amended by Ord. No. 2010-01, 02/23/10)
(k) Parking of commercial vehicles/trailers shall comply with Section 21105.11, Subd. 2 of this
Chapter.
(l) No more than one delivery to or shipment from the home in conjunction with the home
occupation by a vehicle over 20,000 gross vehicle weight rating (GVWR) shall be made per
week (Sunday through Saturday) to the property.
(m) There shall be no exterior storage of equipment, materials, or trailers used in the home
occupation, except for the one (1) fully enclosed trailer that may be allowed pursuant to Section
21105.11 of this Chapter.
(n) All home occupations shall be conducted entirely within the principal dwelling, except that up to
fifty (50) percent of the total floor area of accessory structures (e.g., attached garage, detached
garage, shed) on a site may be used for storage of equipment, trailers, or materials related to
the home occupation, provided that no assembly, display, manufacturing, repair, or other
business operations are conducted within an accessory structure. Furthermore, in no case shall
the total floor area of accessory structures devoted to related storage of materials, trailers, or
equipment exceed 500 square feet.
(Amended by Ord. No. 2002-02, 01/22/02; Ord. No. 2002-32, 11/26/02; Ord. No. 2007-05,
01/23/07; Ord. No 2015-29, 11/24/15)
Subd. 2. Permitted Home Occupations.In addition to compliance with all of the general provisions
outlined in Subd. 1 of this subsection, permitted home occupations shall comply with the following
provisions:
(a) No person other than those who reside on the premises shall be employed by the home
occupation.
(b) Not more than one (1) client or customer per day shall come to the premises in question for
purposes pertaining to the conduct of the home occupation.
(c) On-street parking facilities shall not be utilized to accommodate parking demand.
(Amended by Ord. No. 2002-02, 01/22/02; Ord. No. 2002-32, 11/26/02; Ord. No. 2007-05,
01/23/07)
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Subd. 3. Licensed Home Occupations.In addition to compliance with all of the general provisions
outlined in Subd. 1 of this subsection, licensed home occupations shall comply with the following
provisions:
(a) No person other than those who reside on the premises shall engage in business activities on
the premises. The business may employ others provided no more than two (2) employee
vehicles are regularly parked outside, and provided all work activities by employees are
performed off the premises.
(b) Examples of licensed home occupations include: massage therapy, barber and beauty
services, photography studio, lessons, saw sharpening, small appliance repair and the like.
(c) The home occupation may involve any of the following: stock-in-trade incidental to the
performance of the service but not sold on the premises, repair service or manufacturing which
requires equipment other than customarily found in a home.
(d) Licensed 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 Zoning Administrator shall maintain the right to establish the maximum number of
on-street spaces permitted and increase or decrease that maximum number when and where
changing conditions require additional review.
(e) There shall not be more than ten (10) client appointments per day upon the premises.
(Amended by Ord. No. 2002-02, 01/22/02; Ord. No. 2007-05, 01/23/07)
Subd. 4. Prohibited Home Occupation Activities.
(a) Auto repair, whether for consideration or not, of vehicles which are not registered to a resident
of the dwelling, or to a son or daughter, sibling, parent, grandparent, or grandchild of a resident
on the property.
(b) Businesses, educational programs or similar gatherings which meet on a regular basis and
have more than five (5) non-residents in attendance at a time.
(c) Gun or ammunition sales/repair.
(d) Music instruction or recording studios, unless conducted within a single-family detached
dwelling.
(e) Pet care facilities, except for pet grooming.
(Amended by Ord. No. 2002-02, 01/22/02; Ord. No. 2007-05, 01/23/07)
21145.05. - Repealed.
(Amended by Ord. No. 2002-02, 01/22/02)
21145.06. - Inspection.
The City hereby reserves the right upon issuing any home occupation license to inspect the
premises in which the occupation is being conducted to ensure compliance with the provisions of this
section or any conditions additionally imposed.
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2020047
Katie Pavlik
4850 Evergreen Lane North
Request for a Home Occupation License
K
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Legend
C, Comercial
CC, City Center
CO, Commercial Office
IND
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LA-2, Living Area 2
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LA-3, Living Area 3
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LA-R1
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LA-R3
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SITE
2020047 -- Aerial Photograph K100010020050
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33
Hennepin County Locate & Notify Map
0 100 20050 Feet
Date: 6/25/2020
Buffer Size: 200
Map Comments:
This data (i) is furnished 'AS IS' with no representation as to
completeness or accuracy; (ii) is furnished with no warranty of any
kind; and (iii) is notsuitable for legal, engineering or surveying
purposes. Hennepin County shall not be liable for any damage, injury
or loss resulting from this data.
For more information, contact Hennepin County GIS Office
300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us
34
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