Minutes - Planning Commission - 05/03/1994

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Motion carried. Voting Yes: Acting Chairperson Hendriksen, Commissioners Deemer, Holland, Terry, and Thorud. Voting No: None. Absent: Chairperson Bawden and Commissioner LaDue. Motion by Commissioner Holland and seconded by Commissioner Deemer to recommend that City Council adopt the Findings of Fact, as amended, relating to a request for a conditional use permit for a home OCcupation at 17310 St. Francis Boulevard N.W. Motion carried. Voting Yes: Acting Chairperson Hendriksen, Commissioners Holland, Deemer, Terry, and Thorud. Voting No: None. Absent: Chairperson Bawden and Commissioner LaDue. The Planning Commission proceeded to review the terms of the CUP. Jeffrey Lorge, applicant, questioned the intent of gl0. It was the consensus of the Planning Commission to correct the typographical error in gl0 so that it reads "Merchandise not considered accessory to the use shall not be displayed or offered for sale within the residence..." Commissioner Deemer suggested changing the tire of the document from conditional use permit to interim use permit, making it expire with the change of owner of residence. Therefore, the permit would not be automatic for the next owner. Commissioner Thorud noted that #2 covers the expiration. Commissioner Deemer advised that #2 does not make it legal. He advised that a conditional use permit pertains to the property, not the property owner. Motion by Comardssioner Deemer and seconded by Commissioner Holland to recommend that City Council approve the issuance of a conditional use permit, as amended, for a home occupation at 17310 St. Francis Boulevard N.W., pending legal opinion as to whether to change the title to "Interim Use Permit" if appropriate. Further Discussion: Commissioner Thomd suggested amending to include hours of operation, however, it was the consensus of the Planning Commission that this was unnecessary. Motion carded. Voting Yes: Acting Chairperson Hendriksen, Commissioners Deemer, Holland, Terry, and Thorud. Voting No: None. Absent: Chairperson Bawden and Commissioner LaDue. Case #2: Request for a Conditional Use Permit for a Home Occupation; Case of Diane Dempsey City Engineer Jankowski stated Diane Dempsey, a soon to be resident of 14794 Krypton Court N.W. has applied for a conditional use permit (CUP) for a home occupation. Ms. Dempsey would like to transfer her porcelain doll-making classes from her home in Maple Grove to her new home in Ramsey. Mr. Jankowski noted that in order to avoid the need for on-street parking, Ms. Dempsey indicated in her letter of application that she would restrict the class size to 6 students, many of which will continue to car pool. Ms. Dempsey proposes to have four 2.5-hour classes, (3 evenings and 1 afternoon) per week. Mr. Jankowski noted the unusual circumstance in this case is that Ms. Dempsey's home is the first to be developed on Krypton Court, and therefore, her future neighbors have not had the opportunity to comment on the request for a home occupation since the public hearing notices were mailed to the developer of Wood Pond Hills 3rd Addition, the current owner of the surrounding parcels. In lieu of this fact, City Staff is recommending that an interim use permit be granted to accommodate the classes for approximately one year after Ms. Dempsey takes occupancy of the home. At the expiration of the interim use permit, Ms. Dempsey will either Planning & Zoning Commission/May 3, 1994 Page 3 of 9