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HomeMy WebLinkAbout3 - Home Occupation Permit - Markuson - Caturia Smidt To: Planning Commission From: John Hinzman, Community Development Director Date: September 9, 2019 Item: Type II Home Occupation Permit - Operation of a Veterans Service Facility - 201 East 7th Street - Duane and Shirley Markuson Planning Commission Action Review the Type II Home Occupation Permit Request of Duane and Shirley Markuson to operate a Veterans Service Facility located at the former Caturia Smidt Funeral Home at 201 East 7th Street. The property is currently owned by Katara Investments LLC. The former funeral home would be purchased by the Markson’s as their primary home and to operate the facility. Exiting Condition The existing 7,300 s.f. building was constructed in 1959 and has been used as a funeral home during most of its existence. Funeral operations were recently consolidated into the Starkson Family Life Celebration Chapel at 3075 Vermillion Street. The building contains living quarters as well as commercial space for the funeral services and related business. Proposed Condition Operation of a Type II Home Occupation. The building would serve as the primary residence for the Markuson’s who would operate Foss and Swanson, Veterans, Nonprofit IRS Organization. The Home Occupation is described as being a community center and museum. Zoning Classification The site is zoned R-2 Medium Density Residence. Use of the building as a residence and a Home Occupation are permitted uses within the R-2 Zoning District. Planning Commission Memorandum Adjacent Zoning and Land Use The following land uses abut the site Direction Use Zoning Comp Plan North Single\Two Family Residential R-2 Low Density Residential East Former Rosewood Inn R-2 Low Density Residential South 7th Street E Two\Three Family Residential R-2 Low Density Residential West Sibley Street St Luke’s Church Parking Lot R-2 Institutional Home Occupation Regulations Home Occupations are regulated under Chapter 155.07, Sub. D of the Zoning Code. Type I Home Occupations can be conducted without a permit. Home based businesses that utilize a garage, have employees working at the home not residing at the home, or that have more than one customer visit at a time are required to get a Type II Home Occupation License. These type II Home Occupation Licenses require review by the Planning Commission and City Council. The following are requirements of home occupations that must be followed in addition to any conditions placed on approval. (a) Exterior alterations or modifications that change the residential character or appearance of the dwelling, any accessory buildings, or the property itself for the purpose of a home occupation shall be prohibited. (b) Exterior display or storage of equipment or materials related to the home occupation is prohibited. No article for sale shall be visible from the street. (c) There shall be no indication of offensive noise, vibration, smoke dust, odors, heat, or glare at or beyond the property line. (d) The home occupation shall be conducted indoors and shall be clearly incidental and subordinate to its use for residential purposes by its occupants. (e) The use shall not generate sewage of a nature or rate greater than normally associated with a residential occupancy nor shall it generate hazardous waste or solid wastes at a rate greater than that normally associated with residential occupancy. (f) No home occupation shall be allowed which jeopardizes the health and safety of city residents. (g) Shipment and delivery of products, merchandise, or supplies shall be limited to between 8:00 am and 6:00 pm. (h) No home occupation causing additional parking or traffic than would be normally expected in a residential neighborhood shall be conducted between the hours of 8:00 p.m. and 7:00 a.m. (i) Only articles or services made or originating on the premises shall be sold to customers on-site, unless the articles are incidental to a permitted home occupation. (j) Only 1 vehicle and 1 trailer specifically used for a home occupation are permitted to be parked at the residence licensed for a home occupation. The parking of these vehicles must be off-street and in compliance with the parking regulations of the City Code. (k) Signage may consist of not more than 1 single faced unlighted wall sign per home with a maximum area of 2 square feet. Proposed Home Occupation - Foss and Swanson Veterans Nonprofit IRS Organization A Home Occupation Questionnaire providing more specific details on the operation has been completed by the applicant and is attached to this report. The summary of the operation below encompasses answers to the questionnaire along with conversations with the applicants. • Uses include a museum, library, and community center. • The Community Center would function similar to a VFW or Legion hall and hold approximately 150 people and be rented out to organizations which may have food and alcohol catered in. There would not be any gambling on the premises. • People involved in the home occupation include Dean and Shirley Markuson, community service volunteers (curator, historical research, etc.), management and maintenance. • The main floor would house the residence and community center, the basement would house the museum, restroom and showers. • The garage would be used as the entrance to the museum and would include minor modifications. • Hours of operation would be Sunday to Saturday 1pm to 8pm or by appointment. • There are four parking spaces and two driveways available for parking. • The museum and library would include artifacts and preservation equipment. • Sale of patriotic items, T-shirts, and community and historical books would be offered. • Anticipated duration of the facility is the applicants’ lifetime. • Interior alterations include main floor restrooms removal of interior walls. • A sign would be used to advertise the home occupation, but no more than the current sign. • A personal car, truck, and trailer would be used for the home occupation. • Catering of Community Center events may involve alcohol service. • Housing of the homeless would not occur, however service of food to the homeless and use of the bathroom for homeless people to shower may occur. Staff Review • The building has housed a funeral home for 60 years. The number of attendees at visitations was around 200, with 125-150 attendees for funerals. There were approximately 140 events per year. • Business and traffic generated by the proposed home occupation appears to be less than that generated by the funeral home. The community center would be limited to 150 people, and the frequency of events is likely to be less. • The site does not meet current parking requirements, however use of the building as a funeral home predates establishment of minimum parking standards. The number of parking spaces required for a funeral home is the same as that required for a hall or community service center. • The applicants have indicated that they will not provide overnight accommodations for the homeless, however they may serve meals and offer showers. Providing services to the homeless is beyond the scope of a community center and should not be allowed as a home occupation. • Operation of the community center would need to abide by the 8pm limit on operations. • The applicants have indicated that there will not be any exterior home occupation activities; however, the Markuson’s may plan to build a veteran’s memorial on the property. Any outside memorials or structures cannot be part of the home occupation. • The applicant’s do not plan on serving alcohol, however caterers utilizing the Community Center Space may choose to serve of alcohol for events. The funeral home also utilized caterers that sometimes provided alcohol. Alcohol service by outside caterers is common with other rental hall operations but may not be suitable for a residential neighborhood. Service of alcohol would need to abide by City licensing requirements. Comments from Neighbors Notice has been sent to neighboring residents within 350 feet of the property. Staff has received questions seeking further information on the business and questioning the need for a community center. Review Period Licenses shall be issued for a one year probationary period from the date of City Council approval. The City Council shall consider issuance of a full license at the end of the probationary period. The term of a license shall be 5 years. Fire Inspector Review The fire inspector has inspected the property. In general, the proposed use as an assembly space is similar to the Home Occupation. Specific comments will be received under a separate cover. Recommendation An approval of the Home Occupation Permit should be made contingent on the following conditions: 1) The Home Occupation must be operated consistent with the Planning Commission staff report dated September 9, 2019 and in accordance with the completed Home Occupation Questionnaire submitted with the Application of Home Occupation License dated August 29, 2019 unless further stipulated in the following conditions of approval. Failure to adhere to the provisions of the Home Occupation permit are grounds for revocation of the permit. 2) Any modifications to the use and operation of the Home Occupation must be approved by the City of Hastings. 3) The applicants must maintain a permanent residence in the structure and remain chiefly involved in the operation of the home occupation. 4) Use of the upstairs community center is limited to no more than 150 people. 5) Providing services to the homeless including overnight accommodations, meals, and bathing is not permitted as part of the Home Occupation Permit. 6) The number of employees or volunteers engaged in the Home Occupation on the site is limited to ___ individuals 7) The Home Occupation must be operated in compliance with the City Code including the Home Occupation, Nuisance, and Property Maintenance Codes. 8) Sale of items not manufactured on site including T-Shirts and books must be incidental to the Home Occupation. 9) Adhere to all building and fire permit regulations. 10) That the Type II license will be in a probationary status for one year. Following the probationary status, the Council will review the license and determine whether it should be issued for five years. Attachments: • Aerial Photograph • House Plans • Application LOCATION MAP