Agenda - Council - 10/14/2003 - Laserfiche WebLink

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Motion can'ied. Voting Yes: Chairperson Nixt, Commissioners Johnson, Brauer, Shepherd, Van Scoy and Watson~ Voting No: None. Absent: None. Motion by Commissioner Johnson, seconded by Commissioner Brauer to recommend that City Council approve Shirley Wilson's request for an oversized accessory building based on the findings of fact, and adopt a resolution declaring terms of same. Motion carried. Voting Yes: Chairperson Nixt, Commissioners Johnson, Brauer, Shepherd, Van Scoy and Watson, Voting No: None. Absent: None. Case #3 Request for a Zoning Amendment to Chapter 9 Section 9.11.04 Home Occupations; Case of Lonny Menard Community Development Director Frolik advised that Staff, the applicant, and the Planning Commission have been diligently working on writing a Home Occupation Ordinance for the past several months. At the July Planning Commission meeting, the Planning Commission asked that staff and the applicant, Lonny Menard, work together to write an ordinance that is able to achieve both the City's and the applicant's goals. She explained that Mr. Menard constructed an accessory structure many years ago. The accessory structure is located on a 1 O-acre parcel and the property does not contain a principal dwelling. Mr. Menard now desires to sell the 10-acre parcel and accessory structure. She stated due to the large size and construction type of the accessory structure, Mr. Menard is finding that commercial users are mainly interested in purchasing the land and accessory structure. She further stated 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. Community Development Director Frolik advised the Home Occupation Ordinance presented will allow potential buyers of Mr. Menard's parcel to apply for a Home Occupation Permit to operate their business within Mr. Menard's accessory structure. A list of businesses is included in the ordinance to allow Mr. Menard some guidance as to what types of businesses the City will 'consider' when roviewing a Home Occupation Permit application. She indicated recommending approval of the enclosed ordinance will now provide a means for Mr. Menard to sell his property to a commercial user that successfully obtains a Home Occupation Permit from the City. Chairperson Nixt asked if what was being presented was Staff's proposal. Community Development Director Frolik indicated it is. Ms. Moreland, Mr. Menard's attorney, indicated they do not oppose this draft. Commissioner Johnson asked if it was necessary to hold another public hearing for this draft ordinance. Community Development Director Frolik indicated that Staff does not feel the changes made since the public hearing are significant enough to require another public hearing. Planning Commission/September 4, 2003 Page 6 of 20