Agenda - Planning Commission - 12/03/2009

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Further Discussion: Discussion ensued on the language for the findings of fact. Amended motion by Commissioner Brauer, seconded by Chairperson Van Scoy to recommend City Council adopt Findings of Fact relating to the Applicant's request for a Home Occupation with Findings of Fact #26 to read: "'I:hat the City finds that the Home Occupation operates beyond the intent and parameters of 9.11.04 (Home Occupations) and finds that the Home Occupation is not low-level and is not typically' compatible in a residential district" and upon approval of the City Attorney. Motion Carried. V oting Yes: Vice Chairperson VanScoy, Commissioners Brauer, Dunaway, Hunt~ and Rogers. Voting No: None. Absent: Chairperson Levine and Commissioner Cleveland. Chairperson .Van Scoy wanted to clarify that the uniqueness of this. particular lot makes this home occupation appropriate; the natural screening, the lot angles down and there is no possibility of putting residences in the back. There is minimal traffic interruption to the neighborhood because of the way he operates the business; one trip in the morning and one trip in the evening. . Discussion ensued on what the conditions of the home occupation permit should be. , . --- Motion by Commissioner Brauer, seconded by Commissioner Hunt, to recommend that City Council adopt the resolution approving the Applicant's request for a Home Occupation Permit based on the Findings of Fact, subject to review of the City Attorney, with the following amendment s: #3 - "The established on-site business hours are Monday throught Saturday 7:00 a.m. to 10:00 p.m. Vehicle movements only are allowed between 5:00 a.m. to 7:00 a.m. Vehicle movements only shall not include, but not limited to, loading and/or unloading of equipment, operation of equipment, etc." #7 "That the Permittee agrees to properly dispose of all excess materials and supplies related to the Home Occupation. Under no circumstances may excess materials be buried or burned on the Subject Property. No debris including, but not limited to, excess materials from off-site job sites, may be stockpiled on the Subject Property". #8- "That the Permittee agrees to remove all exterior evidence of the home occupation including, :but not limited to, supplies materials, and inventory, with the exception of commercial use equipment and vehicles in accordance with City Code Section 9.11.08 (Off-Street Parking) or that area depicted on the site plan prepared by , dated . , herein attached as Exhibit A. Commissioner Dunaway stated that to keep consistent with past meetings he will voice his ,reservations about the extent of the business; it seems to be in ex~ess of what you would typically find in other home based occupations. A lot of similarities with a previous home occupation permit, however, the benefit for this applicant is that he has a larger lot with screening that makes . it possible for him to work with his neighbors. Planning CommissionINovember 5, 2009 Page 5 of7 5