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HomeMy WebLinkAboutResolution 2024-24 VOID- IUP for Khacholing CenterCity of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2024-24 Motion By: Seconded ByX March 28, 2024 A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR A CONDITIONAL HOME OCCUPATION LICENSE FOR LOBSANG YESHI AND NGA THI NGOC NGUYEN AT 23360 OAKDALE DRIVE (PID 06-119-23-13-0002) (CITY FILE 23-029) WHEREAS, Lobsang Yeshi and Nga Thi Ngoc Nguyen, the applicants, request approval of an interim use permit for a conditional home occupation license (CHOL) to allow weekly meditation and Buddhism classes, one-on-one counseling, and occasional larger events under the name "Khacholing Center" on property legally described as follows: See Attachment A WHEREAS, the Planning Commission reviewed the interim use permit for a conditional home occupation license at a duly called Public Hearing and recommends approval, and, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request, subject to the following findings and conditions: 1. An interim use permit is approved, in accordance with the application materials received by the City on October 267 20231 with additional material received January 47 20247 and January 251 2024, except as amended by this resolution. 2. The Zoning Ordinance allows Conditional Home Occupation Licenses and the applicant shall comply with all home occupation standards, except as specifically modified per this resolution. 3. The applicant shall comply with all conditions of the City Engineer's memo dated January 24, 2024. 4. The Interim Use Permit for the Conditional Home Occupation License is issued to Lobsang Yang and Nga Thi Ngoc Nguyen, for the operation of "Khacholing Center." This permit is non -transferable. The Permit shall terminate upon any one of the following. a. if the applicant ceases operations. b. If property ownership changes. c. If neither individual to whom the license has been issued ceases to live at the subject premises. 5. The Conditional Home Occupation License is approved based on the finding that the standards in Section 1030.100, Subd. 7 and Section 1070.030 have been met. Specifically: a. The applicant requests the conditional home occupation license to provide once -a -week classes on meditation and Buddhism, one-on-one counseling services, and infrequent larger events. Classes and events will primarily be held in an existing room of the house. Page 1 of 4 City of Corcoran County of Hennepin state of Minnesota RES®LUTION N®. 2024-24 March 28, 2024 The operation has no employees. The natural and general character of the geographic area is not likely to be negatively affected by the limited operations of the center that will occur on the property. Oakdale Drive is a paved, minor collector roadway that can support the proposed traffic. Parking will be required to be accommodated on site. b. There is nothing to indicate that the proposed use would devalue adjacent and surrounding properties. c. The proposed use is expected to be primarily held in a room within the home. It is not expected this use will generate any nuisance conditions related to odor, light, or glare. Some noise is expected related to people on the property similar to that of other property owners holding regular gatherings with friends and family. d. There are no environmental concerns, including but not limited to dra wells and wetland issues related to this project. Should it be determined the driveway must be expanded at a later date to accommodate additional vehicles, a wetland delineation and final grading plan will be reviewed and approved administratively at that time to confirm no environmental impacts. e. The home occupation appears unlikely to have a negative impact on neighboring properties. Parking must be accommodated on site, and a majority of the approved activities will be within a room of the house. Larger events are expected to be seldom. f. The application for a CHOL is consistent with the Comprehensive Plan, public facilities, and capital improvement plans. The business will be conducted in an enclosed building and will not generate any nuisance conditions that would endanger the public health, safety, morals or comfort of the community nor will it be injurious to the use and enjoyment of other property in the immediate vicinity. The operation does not demand any additional public services or facilities and conforms to the performance standards of the Zoning Ordinance, 6. The home occupation must comply with the following standards: a. No new signage for the home occupation is proposed or approved. Any new signage will require an amendment to the Interim Use Permit for the Conditional Home Occupation License. b. Classes of up to 25 people are allowed once per week. For the purposes of this approval, the term "classes" includes gatherings and meetings related to or associated with the Khacholing Center or organizations of a similar nature. c. One-on-one counseling sessions are permitted. d. Larger events of up to 49 people are allowed up to 3 times a year. For the purposes of this approval, the term "events" includes all gatherings and meetings related to or associated with Khacholing Center or organizations of a similar nature. e. The proposed driveway expansion of 20 parking stalls shown on the site plan is understood to be proof of parking. Should the City document or the applicant find a Page 2 of 4 City of Corcoran County of Hennepin State of Minnesota RESOLU I I®N No. 2024-24 March 28, 2024 regular need for parking capacity beyond the existing driveway, the applicant must submit final plans for the driveway expansion, including completing a wetland delineation. Approval of a potential driveway expansion will be handled administratively. A wetland delineation fee and escrow and grading escrow will be required. f. All parking needs must be accommodated on site. Overflow parking cannot occur on Oakdale Drive. g. Parking must be in compliance wifih Chapter 82, Subd. 4. Any parking in the front yard must be on a paved, gravel, or otherwise improved parking surface or driveway area. Should the applicant need to accommodate overflow parking for a larger event, parking on an unimproved surface can only occur in the back yard. h. No person shall be employed at or report to the home site location who does not reside in the dwelling unit. i. The operation shall comply with all state, federal, and local regulations. j. The Conditional Home Occupation License shall be issued for 3 years in accordance with the procedures outlined in Section 1030.100 of the Zoning Ordinance. The permit shall be administratively reviewed every 3 years to ensure compliance with conditions of approval and ordinance requirements. k. The City may revoke or modify the CHOL upon a finding that conditions have changed to warrant revocation or modifications of the license. 7. Prior to release of the application escrow account, the applicant must record this Resolution with the Hennepin County Recorder's Office and provide proof of recording to the City. VOTING AYE ❑ McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ Vehrenkamp, Dean VOTING NAY ❑ McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ VP. hrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 28t" day of March 2024. ATTEST: Michelle Friedrich —City Clerk Tom McKee -Mayor Page 3 of 4 City Seal City of Corcoran County of Hennepin State of Minnesota RESOLUTION No. 2024-24 ATTACHEIVIENT A March 28, 2024 The East 560.37 feet of the South 264.77 feet of the West 1129 feet of the Southwest Quarter of the Northeast Quarter (SW'/4 of NE %4) of Section Six (6), Township One Hundred Nineteen (119) North, Range Twenty -Three (23) West of the Fifth Principal Merdian, Hennepin County, Minnesota. Abstract Page 4 of 4