4.2. PCSR 07-25-2023 - Laserfiche WebLink

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storage of business equipment, materials, merchandise, inventory, and/or heavy equipment. Home occupations that exceed the permitted home occupation criteria, such as this case, may be allowed with approval of a CUP by the city council. The city has determined these types of uses may be allowed in residential districts with conditions of approval to ensure the use does not detrimentally affect the use and enjoyment of other property in the immediate vicinity. If it is found the standards set forth in Section 30-654 are not met, the council can deny the request. A handful of similar uses have been approved by the council. There have been references to spreadsheets on the city website that Economic Development uses for potential businesses looking to operate in commercial/industrial zoned properties. This chart was not intended to reflect prohibited or allowed uses for home occupations. This has been updated to prevent future confusion. Previous PC & CC Meetings The Planning Commission took public comments at both of their May 23, 2023, and June 27, 2023, meetings. The City Council took public comments at their June 20, 2023, meeting. These comments are summarized on the attachment labeled “Comments, Concerns, and Questions”. Staff also clarified some of the questions/comments on this document. Since these meetings, the applicant has decided to include the building in the review process. The public hearing notice was run in the Star News and mailed to residents 500-feet from the subject parcel, 150- feet more than required by state statute. Public Comments Since the June 27, 2023, Planning Commission meeting, staff received an email of support from the neighbor directly across the street indicating they have no objection to the request and see no substance in the complaints against the applicant. They do not see a flurry of trucks and/or employees coming and going from the property and the operation, by their observation, is quiet. They also note that they have no concern about the water supply, doubting the applicant would want to pollute his own drinking water. Applicable Regulation In approving a Conditional Use Permit, the Council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The existing yard and building are located approximately 80-feet from the house directly to the east and 65- feet from the garage and approximately 600-feet from the house directly to the west with the outbuildings approximately 390-feet away. The proximity of the yard to the neighboring houses could be of concern for the comfort and general welfare of the existing, and any future property owners, if specific conditions cannot be imposed to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood, or the city. Staff have included recommendations for the commission to consider. 2. Will be consistent with the comprehensive plan. The property is guided Rural Residential, to be developed as residential use in areas outside of the Urban Service Area that are not currently served by municipal sewer and water. Residential uses allow for Home