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Luedeke IUP Amendment Page 2 3. BACKGROUND: On July 18, 2011, the City Council approved a home occupation interim use permit for an auto repair business to be conducted on the property. On January 7, 2013, the City Council approved the renewal of the home occupation IUP for a period of two years, with an informal review by the City Council at one year. The renewal was based upon findings that the applicant was complying with the conditions of the approved IUP, as well as the general standards in the home occupation ordinance. Over the past several months staff has reviewed and monitored the business for impacts to the surrounding neighbors. Staff varied the day of the week, time of day, and location to make the observations. Staff observed the possible impacts to the neighbors as a result of noise, traffic, lights, vibrations, business operation, and condition of the shared driveway. Following each of the off-site observations, staff visited Mr. Luedeke's property to ensure compliance with the IUP. During the monitoring staff did not observe any excessive noise, traffic, Iights, or vibrations related to the business. The shared driveway remained in good condition during each visit. All the conditions listed in the IUP where met at each visit to Mr. Luedeke's property. Staff has not received a complaint on the business in over a year. It's in staffs opinion that the application has been doing a good job complying with the conditions in the IUP and the general standards of the ordinance. 4. ANALYSIS: An application for a home occupation interim use permit may only be granted upon a finding that all the following criteria have been met: (A) The applicant owns the property and resides at the principle residential address associated with the horse occupation unless the Council determines that unique conditions or circumstances warrant special arrangements. The application owns the property and resides at the principle residential address associated with the home occupation. (B) The proposed home occupation is allowed as an accessory use in the respective zoning district and conforms to the zoning ordinance. A home occupation is allowed as an accessory use in the Future Urban Service (FUS) zoning district. (C) The proposed home occupation is in keeping with the spirit and intent of the zoning ordinance. The home occupation IUP has not had any violations of City Ordinances. The spirit and intent of the ordinance is to allow for the operation of home occupations, as long as the 2