Agenda - Council - 09/23/2003 - Laserfiche WebLink

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REQUEST FOR A ZONING AMENDENT TO CHAPTER 9, SECTION 9.11.04 HOME OCCUAPTIONS CASE OF LONNY MENARD By: Megan Wald, Associate Planner and Sylvia Frolik, Community Development Director Background: As part of the Chapter 9 rewrite, staff planned on requesting direction from the Planning Commission and the City Council regarding how to address requests from residents to operate a business from an accessory structure in a residential district. Mr. Menard expedited this process by applying for a Zoning Amendment requesting the City amend the Home Occupation Ordinance to allow for home occupations to be conducted within accessory buildings or garages. (Currently City Code restricts home occupations to the confines of the dwelling, which does not include attached or detached garages). Observations: Mr. Menard constructed an accessory structure many years ago for the purpose of operating a commercial business. The accessory structure is located on a 10-acre parcel and the property does not contain a principal dwelling. At the time Mr. Menard constructed his building, City Code did not prohibit the construction of accessory buildings on lots that did not contain a dwelling. Since then, City Code has been amended to prohibit construction of accessory structures on lots that do not contain a dwelling. Mr. Menard now desires to sell the 10-acre parcel and accessory structure. Due to the large size and construction type of the accessory structure, and the fact that there is not a home on the property, Mr. Menard is finding that commercial users are mainly interested in purchasing the land and accessory structm:e. Mr. Menard is in a situation where his property is zoned residential and City Code does not include any provisions for the City to consider business operations within an accessory structure in the residential district. Mr. Menard requested that the City consider amending the current Home Occupation Ordinance to allow the City the opportunity to accept Home Occupation applications for businesses to be conducted in accessory structures in the residential district. The enclosed draft Home Occupation Ordinance establishes when a home occupation permit is required, what the performance standards are for occupations conducted within the dwelling, and adds provisions that will allow the City to consider applications for home occupations that are proposed to be conducted in accessory structures. It is noted that parcels must be at least 3 acres in size in order to qualify for a home occupation in an accessory structure. The ordinance also gives Council the flexibility to allow for a business use in an accessory structure that is located on a parcel that does not contain a dwelling.