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Planning Commission Minutes March 28, 2023 Page 4 7. All conditions of this CUP, including turf establishment, curbing, stormwater improvements, and removal of all operations/parking outside of the fence, shall be completed by June 30, 2023. 8. Staff approval of all site and civil plans. Motion carried 7-0. 7. General Business There was no reported general business. 8. Council Liaison Updates Councilmember Westgaard updated the Planning Commission of recent City Council updates. 9. Adjourn Regular Meeting Moved by Commissioner Johnson and seconded by Commissioner Keisling to adjourn the regular meeting of the Planning Commission. Motion carried 7-0. The regular meeting adjourned at 6:51 p.m. Chair Larson -Vito called the work session to order at 6:52 p.m. 10.1 Home Occupations Mr. Leeseberg presented the staff report. He introduced Building Official Mark Pistulka, who was present to answer questions regarding residential versus commercial building requirements. Staffs goal is not to say no to home occupations, but how can the city allow this in a way to follow statutes, city ordinances, and in the end the city is protected. The Planning Commission discussed at what form and level are commercial uses allowed in a residential neighborhood. They discussed low impact commercial uses such as daycares and piano teachers. Mr. Pistulka discussed building code requirements are silent on residential requirements, but commercial requirements require an architect and spells out those codes very clearly. It's when the use of the residence goes from private use as a residence, to commercial use and commercial code requirements. That is why the building department requires an architect to provide a bill of health to meet commercial code requirements. The Planning Commission discussed having a home occupation use located strictly in the house versus a detached structure. They suggested higher acreage properties may be less intrusive for allowing detached structure home occupations. Mr. Leeseberg showed them an instance where this is occurring, a detached structure located at the edge of their property line and a residential property located 85 feet away. The property owner recently complained that they can hear the adjacent property owner's business. Should there be a buffer even if the lot is over 13 acres. Commissioner Beise wondered if the 2019 ordinance amendment allowing occupations occurring in accessory structures with a CUP has caused more of a nuisance. p 0 1 1 R E I I NATURE]