Minutes - Planning Commission - 05/05/2011

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Mr. Ferber replied two or three years. Senior Planner Gladhill asked the applicant if he was comfortable with a sunset clause that would have the home occupation expire in three years. He also clarified that in the event this operation is discontinued for more than a year it expires, that the business cannot be sold to someone else that any future owner would have to go through the same process of approval, and that Mr. Ferber could not move the approval of the home occupation permit to another parcel. Mr. Ferber replied he would like the permit to remain open and not expire. Senior Planner Gladhill stated he would leave it to the commission if they want to entertain an expiration date or if they feel we have enough control within our city code to make sure this doesn't become a public nuisance. He continued that with the size of this parcel and the adequate separation that it should not impact the neighboring structures. Vice Chairperson Van Scoy asked if there was a written report from the fire department. Senior Planner Gladhill stated there was not a written report, but the department has reviewed the substance of this case and is comfortable with the findings of fact and the terms in the permit. Commissioner Dunaway asked how much automotive paint was stored on site. Mr. Ferber stated a total of probably 5 - 10 gallons of thinner and reducers and only enough paint for what is needed for the current repair and then he properly recycles it. Commissioner Bauer asked if the 39 years he has been in business has been at this location. Mr. Ferber replied 19 years at this location and 20 years next door to this location. He is the sole employee, business has operated the same and is strictly by referral and no advertising is done. Motion by Commissioner Dunaway, seconded by Commissioner Field, to close the public hearing. Motion Carried. Voting Yes: Vice Chairperson Van Scoy, Commissioners Dunaway, Field, Bauer, Brauer, and Schiller. Voting No: None. Absent Chairperson Levine. The public hearing closed at 7:27 p.m. Commission Business Motion by Commissioner Bauer, seconded by Commissioner Dunaway to recommend that City Council adopt the resolution adopting Findings of Fact favorable relating to the applicant's request for a home occupation permit. Motion Carried. Voting Yes: Vice Chairperson Van Scoy, Commissioners Bauer, Dunaway, Brauer, Field, and Schiller. Voting No: None. Absent: Chairperson Levine. Planning Commission/May 5, 2011 Page 4of13