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Occttpation Ordinance. She indicated the Sills do not have three acres, but Staff is applying the <br />st~mc stt~ndards. She stated the interim use permit gives them permission to operate the business <br />lbr live years. <br /> <br />(~ommissioner Shepherd asked what has to happen after fiVe years. <br /> <br />/\ssist~t~t Community Development Director Frolik indicated the Sills would have to reapply, Or <br />move to another space. <br /> <br />(2ommissioner Van Scoy asked if Staff knew what the complaint was concerning. <br /> <br />Mr. Sills stated the reason for the complaint was beeping of trucks backing up when making <br />ctelivcries, which does not make sense because in the case of UPS and FedEx they do not beep <br />when they back up. <br /> <br />Comn~issioner Van Scoy stated he is not in favor of this because the Planning Commission just <br />we~t through a lengthy process of liberalizing the code for Home Occupation permits, and now <br />they are changing the guidelines. He indicated he would propose they allow for one year and see <br />if` there ~re any issues, and then have the applicants reapply. <br /> <br />Chttirpcrson Nixt indicated he shares some of those concerns, but would recommend that the <br />Iindings of fact are okay. <br /> <br />Corem issioner Van Scoy agreed, but indicated the proposal is to determine the findings favorable <br />to thc a0plicant, and he is not sure this business is not in some way detrimental. <br /> <br />Motio~] carried. Voting Yes: Chairperson Nixt, Commissioners Johnson, Brauer,'Levine, and <br />ShelM~erd. Voting No: Commissioner Van Scoy. Absent: Commissioner Watson. <br /> <br />Motio~ by Commissioner Johnson, seconded by Commissioner Brauer to recommend that the <br />City C, otmcil approve the request for an interim use permit for the full five years, based on the <br />l~ndings of' fhct. <br /> <br />Further' Discussion: <br /> <br />Commissioner Johnson stated that his reason for proposing this is that as matters come up, he <br />realizes that when they are preparing ordinances such as the Home Occupation Ordinance, they <br />just dr) ~ot think of all of the scenarios that could take place. He indicated that the substance of <br />thc bt~siness, size of the parcel, and lack of complaints are reasons to approve, and if a similar <br />l~usincss came in with the same situation he would do it again. <br /> <br />(2hairperson Nixt recommended they approve the permit for one year, with four automatic one <br />year renewals as long as there are no unresolved violations of the interim use permit conditions. <br /> <br />Planning Commission/July 7, 2005 <br /> Page 5 of 16 <br /> <br /> <br />