03C - Conditional Use Permit for Type IV Home Occupation - Cheek

Home Browse Search

STAFF REPORT Application: Conditional Use Permit for Type IV Home Occupation Applicant: Gregory and Jessica Cheek Background Information: The property is located at the northern edge of the City along the east side of Evenson Road and is currently zoned Rural Residential.The applicants own Professional Lake Management,a business which controls nuisance lake vegetation and currently has six employees.The applicants are applying for a conditional use permit to allow for a Type IV Home Occupation. The applicants currently have an accessory structure that is 1,383 square feet.The submitted plan includes a new 5,200 square foot accessory structure that would contain an office,a bathroom,and storage for equipment for their business. Applicable Statutes: The Ordinance defines a Home Occupation as a use of commercial nature conducted by an occupant entirely within the dwelling or accessory buildings which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the residential character thereof. A Home Occupation,Type IV is defined in the ordinance as a home occupation,the commercial nature of which involves providing a service or product to people or organizations off site. Business of this nature generate less than sixty auto trips per week, including deliveries. All employees do the majority of their work off-site.The home occupation may include on-site storage or warehousing of work related materials.This would include businesses that are similar in nature to lawn care services and off-site sandblasting services. The process and requirements for a Conditional Use Permit are outlined in Section 11.6 of the ordinance.Section 11.6.4 describes the following criteria for consideration of a Conditional Use. A. The following must be met: 1. The use or development is an appropriate conditional use in the land use zone. 2. The use or development,with conditions,conforms to the comprehensive land use plan. 3. The use with condition is compatible with the existing neighborhood. 4. The use with conditions would not be injurious to the public health,safety,welfare, decency,order,comfort,convenience,appearance or prosperity of the City. B. The following must be considered: 1. The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property,nor substantially diminish or impair values in the immediate vicinity. 2. The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. 3. The conditional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 4. The conditional use will have vehicular approaches to the property which are so designed as not to create traffic congestion or an indifference with traffic on surrounding public thoroughfares. 5. Adequate measures have been taken to provide sufficient off-street parking and July 2005 Staff Report 3-{PAGE I