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Motion carried. Voting Yes: Chairperson Nixt, Commissioners Johnson, Brauer, Shepherd, Van <br />Scoy and Watson. Voting No: None. Absent: None. <br /> <br />Motion by Commissioner Johnson, seconded by Commissioner Brauer to recommend that City <br />Council approve 'Shirley Wilson's request for an oversized accessory building based on the <br />findings of fact, and adopt a resolution declaring terms of same. <br /> <br />Motion carried. Voting Yes: Chairperson Nixt, Commissioners Johnson, Brauer, Shepherd, Van <br />Scoy and Watson. Voting No: None. Absent: None. <br /> <br />Case #3 <br /> <br />Request for a Zoning Amendment to Chapter 9 Section 9.11.04 Home <br />Occupations; Case of Lonny Menard <br /> <br />Community Development Director Frolik advised that Staff, the applicant, and the Planning <br />Commission havebeen diligently working on writing a Home Occupation Ordinance for the past <br />several months, fit the July Planning Commission meeting, the Planning Commission asked that <br />staff and the applicant, Lonny Menard, work together to write an ordinance that is able to achieve <br />both the City's and the applicant's goals. She explained that Mr. Menard constructed an <br />accessory structure many years ago. The accessory structure is located on a 1 O-acre parcel and <br />the property does .not contain a principal dwelling. Mr. Menard now desires to sell the 1 O-acre <br />parcel and accessory structure. She stated due to the large size and construction type of the <br />accessory structure, Mr. Menard is finding that commercial users are mainly interested in <br />purchasing the land and accessory structure. She further stated Mr. Menard is in a situation <br />where his property is zoned residential and City Code does not include any provisions for the <br />City to consider business operations within an accessory structure in the residential district. <br /> <br />Community Development Director Frolik advised the Home Occupation Ordinance presented <br />will allow potential buyers of Mr. Menard's parcel to apply for a Home Occupation Permit to <br />operate their business within Mr. Menard's accessory structure. A list of businesses is included <br />in the ordinance to allow Mr. Menard some guidance as to what types of businesses the City will <br />'consider' when reviewing a Home Occupation Permit application. She indicated recommending <br />approval of the enclosed ordinance will now provide a means for Mr. Menard to sell his property <br />to a commercial user that successfully obtains a Home Occupation Permit from the City. <br /> <br />Chairperson Nixt asked if what was being presented was Staff's proposal. <br /> <br />Community Development Director Frolik indicated it is. <br /> <br />Ms. Moreland, Mr. Menard's attorney, indicated they do not oppose this draft. <br /> <br />Commissioner Johnson asked if it was necessary to hold another public hearing for this draft <br />ordinance. <br /> <br />Community Development Director Frolik indicated that Staff does not feel the changes made <br />since the public hearing are significant enough to require another public hearing. <br /> <br />Planning Commission/September 4, 2003 <br /> Page 6 of 20 <br /> <br /> <br />