07-23-2014 Council Agenda - Laserfiche WebLink

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There are three possible outcomes to consider in this discussion as follows: 1. Increase the threshold for non-resident employees of home businesses; 2. Change the standards for considering special home occupation permits for non- resident employees; or 3. Make no changes. With regard to the standard, the clause in the code relating to non-resident employees currently reads: 903.120. E.8 a. No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non-residential assistance and that this exception would not compromise the intent of this Ordinance. The current language makes accommodation, but requires an "unusual or unique condition or need". This standard could be seen as somewhat subjective, depending on the circumstances. Over the years, the City has had very few applications for non- resident employees. Several years ago, the City granted a special home occupation to a doctor to do office paperwork at the doctor's home, related to a disability. The recent application was only the second of this type in more than 15 years. If the standard for review of such permits is to be changed, the City may want to tie the conditions to the property, similar to the standards for review of other zoning permits such as Conditional Uses and Variances. This can make the review a little more objective, but limits the flexibility of the City to consider special cases unrelated to the property itself. Changing the threshold to allow one non-resident employee would appear, based on past history, to have little impact given the low number of applications. It is not clear if history is a good predictor, however. Keeping the threshold as is permits the City to consider special circumstances and place conditions on the request if necessary. Summary and Recommendation Staff has no specific recommendation at this time. If the Planning Commission believes an amendment is appropriate, they could request that the Council call for a public hearing, and staff will develop language reflecting the Commission's direction. pc: Kathy Glanzer Steve Westerhaus Lee Elfering 2