06-12-2014 Planning Minutes - Laserfiche WebLink

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MINUTES PLANNING COMMISSION JUNE 12, 2014 meets all the conditions for a permitted home occupation except for the fact that she has one employee. The Planner indicated that given the need for the SUP, the applicant needs to prove that unusual or unique conditions exist that warrant approval of the SUP. The Planner stated that given the applicant did not indicate any unusual or unique conditions, he has recommended denial of the SUP. Heather Lindberg appeared before the Commission and reported that her husband founded the business 20 years ago, and she has been working in the business for 13 years. Her husband passed away last year, and she has now inherited the business and needs the assistance of a part-time employee. She likened the business to that of an accountant or CPA that may do taxes and have a specific season where business is heavier at some times than others. Lindberg reported that she does compensation surveys during the first three quarters of the year as the information that she puts together is utilized by businesses during the fourth quarter when budgeting for the next year's salaries. Lindberg reported that she needs the assistance of a part-time college student, who is comfortable with technology, in order to operate her business. She indicated that this part- time job also provides valuable work experience for the college student. Fischer noted that the key question is what is unusual or unique about this business to warrant the SUP. Lindberg indicated that some of the unique factors are the timeline wherein the business is busy three quarters of the year, the business had been operated by her and her husband for the past 13 years — essentially two full-time employees — and she is asking to be able to have one part-time employee assist her. Lindberg indicated that she has no interest in growing the business, but only to maintain the business at the level that she can make a living. Murphy asked if the City has received any complaints about the business. The City Planner replied that he was not aware of any. Schwalbach stated that he understood the reason for a SUP for certain home occupations, but pointed out that an SUP is not required for music lessons when a business of that nature would have a new pupil coming every hour. The Lindberg business would be less disruptive to a neighborhood with one car parked in the driveway and would not generate the same traffic that music lessons would. The Planner indicated that when the Home Occupation Code was set up it allowed for traditional home occupations such as providing music lessons as permitted home occupations. The Planner noted that a threshold was established that would trigger the SUP for certain home occupations. The - 3 -