06-25-2014 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES CITY COUNCIL JUNE 25, 2014 The foregoing resolution was duly seconded by Montour. Ayes (4). Nays (0). Resolution declared adopted. SUP — Blesener opened the Public Hearing to consider a request for a Special 2310 Use Permit for home occupation for a home office with part-time STEPHANI employee made by Heather Lindberg, 2310 Stephani Court. It was noted COURT — that the Planning Commission has recommended approval of the Special LINDBERG Use Permit. Blesener further pointed out that the Council's task is to enforce its Codes; and that the City does not have the authority to enforce homeowner association by-laws. The City Planner reviewed his report dated June 6, 2014 noting that the applicant is requesting a Special Use Permit to conduct a home occupation with one part-time employee. He noted that the proposed business consists of office and computer work. The Planner indicated that there are two classes of home occupations provided for in the Code. The first is a permitted home occupation which allows for businesses such as piano lessons or office uses without employees, and the second is for home occupations such as the one proposed this evening which is proposing to have a part-time employee. The Planner indicated that in order to qualify for a special home occupation permit, the applicant must prove unusual or unique conditions or need for non-residential assistance. The Planner noted that his report recommends against the issuance of a SUP based on the finding that special circumstances or unique conditions are not present to justify the employee. He noted, however, that the Planning Commission recommended in favor of the SUP based on the testimony that occurred relative to the family situation. The Planner pointed out that the Code does not specifically define special circumstances or unique conditions. Blesener noted that the business has been operated from this location by the husband for 20 years and by the husband and wife together for the past 13 years. Given that the husband recently passed away, Blesener noted that the applicant is requesting the SUP so that she can have a part-time employee assist her in the business. Blesener also noted that Ms. Lindberg indicated at the Planning Commission that it is not financially feasible for her to move the business off-site. Montour noted that the Planning Commission recommendation did not list the special circumstances that they felt existed. The City Planner noted that the discussion of special circumstances related to the loss of Ms. Lindberg's husband and the need for a part-time employee to help run the business. Montour asked how the impact of this business would differ 3