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Occupation Ordinance. She indicated the Sills do not have three acres, but Staff is applying the <br />same standards. She stated the interim use permit gives them permission to operate the business <br />fi~r live years. <br /> <br />Corem issioner Shepherd asked what has to happen after five years. <br /> <br />Assistant Community Development Director Frolik indicated the Sills would have to reapply, or <br />move to another space. <br /> <br />Commissioner Van Scoy asked if Staff knew what the complaint was concerning. <br /> <br />Mr. Sills slated the reason for the complaint was beeping of trucks backing up when making <br />deliveries, which does not make sense because in the case of LIPS and FedEx they do not beep <br />when they back tip. <br /> <br />Commissioner Van Scoy stated he is not in favor of this because the Planning Commission just <br />went 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 />it' there arc any issues, and then have the applicants reapply. <br /> <br />Chairperson Nixt indicated he shares some of those concerns, but would recommend that the <br />findings o1' fact are okay. <br /> <br />Commissioner Van Scoy agreed, but indicated the proposal is to determine the findings favorable <br />to the appl leant, and he is not sure this business is not in some way detrimental. <br /> <br />Motion carried. Voting Yes: Chairperson Nixt, Commissioners Johnson, Brauer, Levine, and <br />Shepherd. Voting No: Commissioner Van Scoy. Absent: Commissioner Watson. <br /> <br />Motion by Commissioner Johnson, seconded by Commissioner Brauer to recommend that the <br />City Council approve the request for an interim use permit for the full five years, based on the <br />findings o f fact. <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 do not think of all of the scenarios that could take place. He indicated that the substance of <br />thc business, size of the parcel, and lack of complaints are reasons to approve, and if a similar <br />business came in with the same situation he would do it again. <br /> <br />C, hairpcrson 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 />