10-23-1996 Council Agenda - Laserfiche WebLink

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closer than fifteen (15) feet from the curb line or edge of paved surface. If all of the above requirements are not satisfied, a "special home occupation permit" may be requested. As mentioned, the applicant had stored the equipment associated with the business within the newly constructed accessory building. Therefore, does not meet condition #11 above, and requires "special home occupation permit ". Section 903.120.D of the Zoning Ordinance gives the Planning Commission and City Council authority to impose conditions on the granting of a special home occupation permit. A special home occupation permit may be issued for a period of one (1) year, after which the permit may be reissued for periods up to three (3) years each. Permits may not run with the and and shall not be transferable. The purpose of requiring a special home occupation permit in this instance is to maintain the health, safety, and general welfare of the surrounding residential area, and to maintain land use compatibility to adjacent land. The applicant has not submitted details as to how the business is to be run from the home and accessory building, however, if the issue of the location of the accessory building is resolved, and all of the conditions as outlined within this report are met, our office is comfortable with recommending approval of the request. RECOMMENDATION Based upon the information contained herein, our office recommends the following: Variance Appeal The applicant's request for variance has been prompted by a City building permitting error, and there have been no new findings since the City's original denial of the request . Thus, no genuine hardship unique to the property exists to warrant variance approval. As such, we recommend denial of the requested variance appeal. Special Home Occupation Permit Based upon the information contained within this report we recommend approval of the special home occupation permit subject to the following conditions: 1. Under no circumstances shall the accessory structure be used for storage of equipment associated with the business. 2. Said permit is issued for one (1) year from the date of approval. After which time, 4 Page 40