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Home My WebLink About05-09-17 City ofFarmmngton A Proud Past-A Promising 430 Third Street Future Farmington,MN 55024 Committed to Providing High Quality, Timely and Responsive Service to All of Our Customers AGENDA PLANNING COMMISSION May 9, 2017 7:00 PM City Hall Council Chambers 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. DISCUSSION (a) Laura Hanks Home Occupation Permit-400 Main Street 4. ADJOURN o11i , City of Farmington � 430 Third Street Farmington, Minnesota } 651.280.6800 -Fax 651.280.6899 411 .4.00, www.cifarmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: May 9, 2017 INTRODUCTION Attached, are the minutes from the April 11, 2017 regular meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the April 11, 2017 regular meeting. ATTACHMENTS: Type Description o Backup Material April 11, 2017 Regular Meeting Minutes Planning Commission Minutes Regular Meeting April 11,2017 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty,Franceschelli, Kuyper,Rich Members Absent: Bjorge Also Present: Tony Wippler,Planning Manager 2. Approval of Minutes a. MOTON by Franceschelli second by Rich to approve the minutes of March 14,2017. 3. Public Hearings—Chair Rotty opened the public hearings a. Urban Chicken Permit—Terry &Kim Larson (19055 Enchanted Way) Terry and Kim Larson have applied for an Urban Chicken Permit for three hen chickens. The lot does meet the requirements. The coop would be 16 sq.ft.and the run would be 32 sq. ft. The coop will be located in the rear of the property,in the southwest corner. A neighbor's shed is providing screening to the west. If that shed were removed,the applicant would have to provide screening to the west. MOTION by Kuyper,second by Franceschelli to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli,second by Rich to approve the Urban Chicken Permit at 19055 Enchanted Way. APIF,MOTION CARRIED. b. Ordinance Amendment to Section 10-5-14(Downtown Business)B-2 Zoning District as it Relates to Lot Area and Lot Width Requirements Currently the minimum standards for lot area and width in the B-2 zone are 5,000 sq.ft. and 50 ft.respectively. Staff is proposing to eliminate these requirements to not have a minimum lot area or width. This is common in downtown areas. Many existing lots in downtown do not meet these requirements. MOTION by Kuyper, second by Rich to close the public hearing. APIF,MOTION CARRIED. MOTION by Franceschelli, second by Rich to recommend approval of the ordinance amending section 10-5-14 of the city code as it relates to the minimum lot area and lot width within the B-2 zoning district and forward the recommendation to the City Council. APIF,MOTION CARRIED. c. Ordinance Amendment to Section 10-5-15 (Heavy Business)B-3 Zoning District to Conditionally Allow Warehousing Facilities Warehousing facilities are allowed in the industrial park,industrial and business/commercial flex zones as a permitted use. This amendment to the B-3 (heavy business) zone is to allow warehousing facilities as a conditional use,which would require an additional review. All members agreed with adding warehousing facilities as a conditional use. MOTION by Franceschelli,second by Kuyper to close the public hearing. APIF,MOTION CARRIED. MOTION by Rich, second by Kuyper to recommend approval of amending section 10-5-15 of the city code to conditionally allow warehousing facilities within the B-3 zoning district and forward that recommendation to the City Council. APIF, MOTION CARRIED. 4. Discussion a. Home Occupation Ordinance A resident who currently has a home occupation permit has requested to expand the business and have two additional employees who do not live at the property. The current code states you have to live in the premises in order to be employed by that business. Staff was not in favor of amending the code to allow for additional employees who do not live there. Home occupations are uses that are first homes and secondly a commercial business for the people who live there. There is room for amending the code as far as outlining what uses are allowed and prohibited as home occupations. The current code is vague. Member Franceschelli stated if you allow additional employees,you have additional employee parking. If you expand the business for example add a chair in a salon, you have additional customers coming. This creates a hardship for the neighborhood. Member Kuyper was not comfortable with having employees. As far as the type of business,if it is office work a conditional use permit should not be required. If you have customers coming for one-on-one appointments that is fine. As far as listing the types of allowed businesses,that could change frequently. Member Rich agreed with not allowing people who do not reside in the home to work there. It does lead to parking issues. He did not see a need to list the kind of businesses as they can change frequently. Staff suggested listing the businesses that would be prohibited. Determining a threshold of when to file for a home occupation permit could be difficult. Chair Rotty considers the neighborhood and the impact on the neighbors. He agreed expanding to more employees would infringe on the neighbors. If you expand a home business you are then competing with commercial businesses and that is why we have a commercial district. It provides a place for home occupations to go when their business grows. Commission members agreed with reviewing the home occupation code regarding the type of businesses. Staff should bring this back for further discussion. b. 2040 Comprehensive Plan The City Council has authorized staff to enter into a contract with a consultant to assist with updating the comp plan. The consultant is Hoisington Koegler, and work will start soon. The Planning Commission will be involved in the process. 5. Adjourn MOTION by Franceschelli, second by Rich to adjourn at 7:37 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Administrative Assistant /411144\, City of Farmington ie , 430 Third Street Farmington, Minnesota its 651.280.6800 -Fax 651.280.6899 414', www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Laura Hanks Home Occupation Permit-400 Main Street DATE: May 9, 2017 INTRODUCTION Ms. Laura Hanks would like to discuss her home occupation with the Planning Commission, including her desire to expand the home based business. The subject property is 400 Main Street. DISCUSSION The Planning Commission approved a conditional use permit to allow a home occupation for Ms. Hanks on May 12, 2015. The approval was to allow her to conduct a one-room nail service business within her residence. For the Commissions review, I have attached as Exhibit A the staff report from the May 2015 meeting. Ms. Hank's would like expand her home based business into a full service day spa that would include such services as hair,nails, massages, facials, waxing, etc. Attached as Exhibit B is a letter from Ms. Hank's outlining her business proposal as well as a proposed floor plan for the expanded business. According to the attached floor plans, the business would occupy the majority of the main floor and 2nd story of the home. The main floor would consist of a reception area, waiting/retail area, a nail room, hair room, pedicure room,bathroom and closet, and the kitchen. The 2nd story would consist of 4 spa rooms and a bathroom. Ms. Hank's had indicated that the livable space for her and her family would include the upper attic area as well as the basement. As the Commission is aware,home occupations are approved as a conditional use and are allowed as an accessory use on a residential property. An accessory use as defined by the city code is "any use customarily incidental and subordinate to the principal structure or use and located on the same lot." I have attached the home occupation code(Section 10-6-2) as Exhibit C. This section outlines the current regulations for the approval and operation of a home based business. The requirements for approval are as follows: (A)The home occupation shall be conducted solely and entirely by persons who reside full time in the home. A code amendment would have to be approved by the City Council to allow non-resident employees at the home based business. Ms. Hank's did not specify in her proposal letter whether her plans included additional employees or not. However,based on the scope of the proposal it would seem that additional employees may be needed. (B)The home occupation shall be conducted wholly within the principal or accessory structures. The home occupation would be conducted wholly within the home,as it currently is now. (C)No structural alterations or enlargements shall be made for the sole purpose of conducting a home occupation. No structural alterations to the home would be required with the proposal. Additional sinks and other site improvements such as paving the driveway would be done with this proposal. (D) Only one home occupation shall be permitted for each principal structure. There is an existing home occupation permit on this property for a one-room nail salon. The proposed expansion of Ms. Hank's home based business would require the approval of an amendment to the existing conditional use permit that was approved in 2015. (E)Exterior displays or signs other than a two (2)sided, two (2) square foot, nonilluminated sign and exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. If signage is desired, a sign permit application will have to be completed and submitted to city staff for approval. (F)The activity does not involve the manufacturing, assembly or distribution of goods and the activity does not deal with the general retail public. The existing home occupation at this property was approved as an appointment based business as the city code does not presently allow for a home based business to be open to the general retail public. The proposed business expansion would have to remain an appointment based business or the city code would have to be amended to allow it to be open to the general retail public,if that is the desire of Ms. Hank's. ACTION REQUESTED Discuss the proposed home based business expansion and provide direction to Ms. Hank's and city staff. ATTACHMENTS: Type Description n Backup Material Exhibit A- May 12, 2015 PC staff memorandum CI Backup Material Exhibit B - Proposal letter and floor plan o Backup Material Exhibit C -Section 10-6-2 of the City Code 4EAk�► City of Farmington ��#1z 430 Third Street Farmington,Minnesota Vilr ® 651.280.6800•Fax 651.280.6899 www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler,Planning Manager SUBJECT: Conditional Use Permit/Home Occupation Permit—nail service business Applicant: Laura Hanks 400 Main Street Farmington, MN 55024 DATE: May 12, 2015 INTRODUCTION The applicant, Laura Hanks, has submitted an application for a Conditional Use Permit/Home Occupation Permit involving the operation of a nail service business in her home. Planning Review Applicant: Laura Hanks 400 Main Street Farmington, MN 55024 Attachments: 1. Application& Survey(Exhibit Al-A3) 2. Written summation of proposed use by applicant(Exhibit B) 3. Location map (Exhibit C) Location of Property: Located in the original Town of Farmington at the southeast corner of Main Street and 4th Street. Property Address: 400 Main Street, Farmington,MN 55024 Surrounding Land Uses: The property is surrounded by single-family residences Existing Zoning: R-T (Downtown Transitional Mixed Use) Off-street Parking: Yes—at least 4 vehicles can fit in the existing driveway. DISCUSSION Laura Hanks is requesting Planning Commission approval of a Conditional Use Permit/Home Occupation Permit to allow her to conduct a nail service business within her residence. Ms. Hanks is proposing to provide nail services including manicures, pedicures, gel polish manicures and a few artificial nail services. The hours of operation for the business are proposed as follows: Tuesday 10:00 am—7:00 pm Wednesday 10:00 am—5:00 pm Thursday 10:00 am—8:00 pm Friday 10:00 am—5:00 pm Ms. Hanks has indicated that services of the business will be provided by appointment only and that only one appointment will be offered at a time. The business will be located on the main level of the existing home. Section 10-6-2 of the City Code provides as follows: A home occupation is permitted as an accessory use if it complies with the requirements of this Section following all procedures outlined for approval of a conditional use. (A) The home shall be conducted solely and entirely by persons who reside full time in the home. The applicant has indicated that she would be the sole person working in the home based business. (B) The home occupation shall be conducted wholly within the principal or accessory structures. The salon operation would be conducted wholly within the applicant's home on the main level. (C) No structural alterations or enlargements shall be made for the sole purpose of conducting a home occupation. The applicant will not be making any enlargements to the home to accommodate the proposed home occupation. The business will be conducted in an existing room on the main level of the residence. (D) Only one home occupation shall be permitted for each principal structure. Currently there is not a home occupation permit that exists for this property. (E) Exterior displays or signs other than a two-sided, two (2) square foot, non-illuminated sign and exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. The applicant has not indicated whether she would install a sign for the business or not. If the CUP is approved, a condition of approval would be that a sign permit be obtained by the applicant for any signage to be placed on the subject property. (F) The activity does not involve the manufacturing, assembling or distribution of goods and the activity does not deal with the general retail public. The activity being proposed will not involve manufacturing, assembly or distribution of goods and does not deal with the general retail public. The applicant has indicated that her clientele will all be appointment based. ACTION REQUESTED Staff recommends approval of the Conditional Use Permit as the proposed home based business appears to meet all the requirements of Section 10-6-2 of the City Code. Approval should be contingent upon the following: 1. The applicant shall obtain a sign permit for any signage to be placed on site. 2. Any other conditions deemed necessary by the Planning Commission. Respectfully submitted, Tony Wippler, Planning Manager Cc: Laura Hanks April 11, 2017 Dear City of Farmington, My name is Laura Hanks and I currently have a conditional use permit for my one room nail salon in my home at 400 Main Street in downtown Farmington. I am writing today to ask for consideration in the approval of the expansion of my business within the same house at 400 Main Street. I am currently zoned R-T Downtown Transitional Mixed Use. I don't know exactly what would need to be done to make this expansion happen, but I would really like the opportunity to be heard on this idea. I have attached a basic floor plan of my business proposal which includes the main level and second floor of home. I would like to name my expanded business Main Street Day Spa and include the following services: hair, nails, massage,facials, waxing,etc. I would like to be the "go to" spa in the Farmington area. I have many clients already making the trip to Farmington solely to see me for nails and I would love to see how many more people we could not only bring here to downtown, but also keep here instead of our residents going to neighboring cities to get these services done. I take great pride in this house as it has been a presence in this community for 107 years now! It has a great vintage appeal and family orientated environment that really draws people it'll My clients love coming here and everyone I meet likes to tell me some kind of story about this house and how they picked it up and moved it to Main Street! People LOVE unique environments rather than the same old modern store fronts most salons are in now days! That alone, I believe, will bring attention to the day spa. I am very passionate about this and 1 know I can make this happen! The initial things I would need to change would be finishing the driveway, adding a ramp to porch if city requires, replacing carpet with flooring,adding sinks to spa rooms and purchasing additional product and equipment. Nothing structurally would need to be done and pretty much everything would add some kind of value to the home itself! My goal would be to get this business up and going as quickly as possible upon city approval. I would go the MN Board of Cosmetology with your approval then and reapply for a full salon license versus just a nail salon license. I would really appreciate you taking the time to consider what this business and unique setting could bring to Farmington. With all the stress of the world around us today there is great need for places to stop, relax and appreciate what life has to offer! Imagine it's a beautiful day and while waiting for your massage appointment,you sit on the front porch and sip on some lemonade or cucumber water! 614 Thank you for your time and consideration! Laura Hanks Main Street Nails LLC 400 Main Street Farmington, MN 55024 651-246-5299 M. ir leve) Pc...., N\C %TS4la:t._... :.,,.,t5 S •.,••Vct • 20'0" CA ose..--k- J :: w 0 kill' . -.•.' .i• ' . - " . 1 4 , Hc ) 1 ,. ? 5.-Ihrcorf? ,ool iwa,41 13, IPeel\cure - oo0 r... .] , „, (--.7 r ...., . , ,, •••• • . .. . . . ... . . . . . , . . . . • . , .... . . ..,.:...„.,.,...: •.•,::.:•,•:: :::;..,,,,,,... z,„ I ! � do ( N,.; rn --ehe l . ' ...• ., .1 . . . . ... , - .. 1: :Ald • ' . !MI mi • - - cdom : I.y+) isiiiiis 20'0" • Uper \eve\ (A Moan S'rree* Dad : 20'01' I . ‘ ) 0 ( 1 (.1.. ..Ls ,ot...T 1 '' � �� „ 5t_('-)care Skin • -OA„,,o,. .... -:- { ) • . „, , :„: . . 7:74.4..,04-•::,:i :::-.7:10 • i • EY) ' V'-.\-.)0.....- bocc) �j I Skin . S laoorr 3 P. _ _ °`--3ce / Sk-‘n 0.c ,_re f pkv F� - 77W •0 :moo '*• f ff \ ) (;) . • • 201 01, Sterling Codifiers,Inc. Page 1 of 1 10-6-2: HOME OCCUPATIONS: A home occupation is permitted as an accessory use if it complies with the requirements of this section following all procedures outlined for approval of a conditional use. (A) The home occupation shall be conducted solely and entirely by persons who reside full time in the home. (B) The home occupation shall be conducted wholly within the principal or accessory structures. (C) No structural alterations or enlargements shall be made for the sole purpose of conducting a home occupation. (D) Only one home occupation shall be permitted for each principal structure. (E) Exterior displays or signs other than a two (2) sided, two (2) square foot, nonilluminated sign and exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. (F) The activity does not involve the manufacture, assembly or distribution of goods and the activity does not deal with the general retail public. (Ord. 002-469, 2-19-2002) http://www.sterlingcodifiers.com/codebook/printnow.php 5/4/2017