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Applicable Regulations
<br />Permitted home occupations are regulated by section 30 -801 of the Elk River Code. To paraphrase,
<br />permitted home occupations are generally permitted, provided there is no visual, odor, noise, or traffic
<br />impact on adjacent properties and meet eleven criteria.
<br />The CUP is necessary because the applicant exceeds the permitted home occupation criteria of a business
<br />which included the use of equipment not generally found in the home. The equipment used (specialty
<br />chairs, dryers, specialty sinks, etc.) while not commonly found in a home, is not likely to be detrimental to
<br />surrounding properties. However, all building codes must be addressed through the permitting process.
<br />The proposed home occupation is consistent with the employment, hours of operation, and all other
<br />aspects of the permitted home occupation criteria.
<br />The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
<br />7. mill not endanger, injure or detrimentally affect the use and enjoyment of otberproperty in the immediate
<br />vicinity or the public bealtb, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city.
<br />The use will not endanger, injure or detrimentally affect the use and enjoyment of other property in the
<br />immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the
<br />neighborhood or the city.
<br />2. mill be consistent with the comprebensive plan.
<br />The property is guided for residential. The use will be consistent with the comprehensive plan.
<br />3. mill not impede the normal and orderly development and improvement of surrounding vacant property.
<br />There is no vacant property in the surrounding area. The use will not impede the normal and orderly
<br />development and improvement of surrounding vacant property.
<br />4. mill be served adequately by and will not adversely affect essential public facilities and services including
<br />streets, police and fireprotection, drainage, refuse disposal, water and server systems, parks and scbools; and
<br />will not, in particular, create traffic congestion or interference with traffic on adjacent and neigbborzng public
<br />thorougbfares.
<br />The use will be served adequately by and will not adversely affect essential public facilities and services
<br />including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and
<br />schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and
<br />neighboring public thoroughfares.
<br />5. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
<br />detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
<br />vibrations.
<br />The use will not involve uses, activities, processes, materials, equipment and conditions of operation that
<br />will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare,
<br />odors, dust or vibrations.
<br />6. mill not result in the destruction, loss or damage of a natural, scenic or bistorzc feature of major importance.
<br />No new construction is happening for the proposed use. The use will not result in the destruction, loss
<br />or damage of a natural, scenic or historic feature of major importance.
<br />N: \Departments \Community Development \Planning \Case Files \CUP \CU 17 -16 Tiffany Smith Salon \4Planning Commission \CU 17 -16 4.2sr 6-
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