10-25-2006 Council Agenda - Laserfiche WebLink

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real estate is generally more expensive, and commercial real estate taxes are higher than residential homesteads. The second purpose reiterates the protection of residential neighborhood character. For the Vasquez application, it is important to note a number of concerns: a. According the applicant's comments at the previous meeting, employees will be conducting various aspects of the business, not the owner /occupant. Both the massage therapy and yoga classes will be conducted by others. The applicant will conduct nail care on the site. As identified in section 3.a., employees are allowed if the applicant can show that they have an unusual condition or need. b. The home occupation in this application is uncommon in that most applications consist of a single business activity, whereas this proposal consists of a series of activities, all provided by different personnel. In the more typical case, the single business activity can be conducted by a single person. As such, the business is somewhat self - limiting. With several staff, enforcement and /or verification of the lower level of business activity could be difficult. c. This application is atypical of other home occupations previously allowed in the City. At the September Council meeting, staff could only identify one other case where non - resident employees were approved. In that case, the employee was a neighbor girl who walked to the home occupation location. Summary If the Council believes that massage therapy can be a reasonable, unintrusive home occupation in a residential area, the ordinance would need to be adopted as a pre- condition to considering the Vasquez home occupation permit. The Council would then need to consider whether the Vasquez proposal conforms to the regulations of the zoning ordinance for home occupations. Staff's concern is that the business use of the property exceeds that which is intended by the zoning ordinance. As the zoning language states, "Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses." It is not clear how this particular business would comply with this requirement, or how the City would be able to easily verify limitations such as numbers of clients or similar restrictions. It should be noted that the attached ordinance allows for the issuance of an accessory massage therapy license as a home occupation in a residential dwelling. The zoning ordinance allows home occupations as accessory uses in all of the City's residential zoning districts. Neither the existing zoning ordinance or the proposed City Code amendment would affect the fact that the proposed Vasquez Home Occupation would