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�o� f�Ct I - ��'�� �I ��1 C� ` `��-n�zz� � � ��+ � U�� �Or�s e � � � � rw��--i�e� fi� Piv�c t� Y��'�'�S -- v'�-°��"",� � �C�� '�� Gary Frazier—4555 Spruce Way—Appeal Staff Interpreta iof"n Zoning District: RR-1A, One Family Rural Residential Lot Area: 10.0 Acres Application Summary In response to a complaint regarding Express Delivery Systems' vehicle traffic, staff conducted a drive-by property inspection. Staff witnessed two Express Delivery straight trucks parked at the residence. Letters were sent to the property owner with notification that the commercial use of their residential property falls under the category of Prohibited Home Occupations as with the traffic level it is most similar to a dispatch center. Gary Frazier is the property owner. Mr. Frazier is appealing the staff interpretation of a prohibited home occupation. His request is attached as Exhibit C along with some photographs and a map of the area. In cases where it is unclear whether a home occupation should be classified as Level 1 or Level 2, the staff shall make such a determination subject to City Council confirmation. In this instance, it is unclear as to whether or not the property owner is operating a Level 2 home occupation or if the use is prohibited. Should it be determined that this qualifies as a Level 2 home occupation the property owner will be required to submit a Home Occupation License application for review at a future public hearing. Conformance with the Home Occupation License Requirements According to City Code, Level 2 home occupations may include but are not strictly limited to: 1. Those with employed persons other than occupants of the dwelling. The applicant has one employee who a/so resides at the address. 2. Those carried out partially or wholly in an accessory structure, where allowed, including storage of materials, equipment or commercial vehicles in an accessory building. The applicant parks the business vehicles in the open. 3. Those involving the use or parking of a commercial or nonpassenger vehicle, whether such use or parking is in a building or outside. The applicant's business involves the use of commercial or nonpassenger vehicles. 4. Those which do not meet one or more of the specified perFormance standards. The applicants'business does not meet one or more of the performance standards within Section 78-1376(d). 5. Those which generate excessive traffic under the standards of subsection (d)(13) of this section. The applicant's business generates excess traffic within the neighborhood. Legal home occupations are subject to sixteen performance standards. It appears to staff that the applicant is unable to meet two of the performance standards