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06-12-2014 Planning Comm. Agenda
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06-12-2014 Planning Comm. Agenda
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3. The home occupation may involve any of the following: stock-intrade <br />incidental to the performance of the service, repair or manufacturing which <br />requires equipment other than customarily found in a home, the teaching <br />with musical, dancing and other instruction of more than one pupil at a <br />time. <br />No sales or on-site client meetings are planned. <br />4. Special home occupations may be allowed to accommodate their parking <br />demand through utilization of on -street parking. In such cases where on - <br />street parking facilities are necessary, however, the City Council shall <br />maintain the right to establish the maximum number of on -street spaces <br />permitted and increase or decrease the maximum number when and where <br />changing conditions require additional review. <br />The applicant indicates that there will be no retail, walk-in customers. The <br />increased parking demand produced by this special home occupation (the <br />employee) can be accommodated by parking in the existing driveway. <br />SUMMARY AND RECOMMENDATION <br />Although the proposed business meets most of the performance standards for both <br />general permitted and special home occupations, the addition of an employee is <br />governed by a requirement that a special condition or circumstance unique to the <br />property is shown. In this case, the circumstance is related only to work volume, not a <br />unique factor from other business or residential conditions. <br />Because the intent of the code is to allow home occupations only where it can be shown <br />that they do not impact the neighborhood AND they do not create unfair competition <br />with commercial areas of the city, it appears that this application (while creating a <br />relatively minor impact on the neighborhood) is inconsistent the latter objective. If work <br />volume is permitted to serve as the distinguishing characteristic in permitting <br />employees, there would be little opportunity to limit commercial uses in residential <br />areas. <br />Planning staff recommends denial of the proposed special home occupation as <br />proposed by the applicant based on the finding that the required finding of special <br />circumstances or unique conditions is not present on the property to justify the <br />additional employee. <br />cc: Kathy Glanzer <br />Steve Westerhaus <br />Heather Lindberg, 2310 Stephani Court, Little Canada, MN 55117 <br />4 <br />
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