08-19-1985 Planning Packet - Laserfiche WebLink

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City of Orono July 30, 1905 Page Four / (f .ILit i .••i'w ^■J C. "3 The sale of tack is covered by Section 10.20, Subdivision 4, as a kjpor- mitted accessory use. Subsection C, Home Occupations, reads as follows: "Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when there is no employed assistant, wlien that occupation is conducted within the principal structure only, wlien evidence of the occupation is not visible from the street, no signs other tlian those permitted i in "R" Districts 're present, no excessive stock in trade is stored on the premises, over the counter retail sales are not involved, the entrance to the home occujvition is gained from within the structure, and the use does not adversely affect the character of the uses permitted in the district in which it is located. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general practice of his profession when such general practice will involve tl>e need for more than tliree off-street parking spaces for the occupant and visitors. Since the commercial activities on the property are conducted by F’-s. Kokesh, and their daughter, Renee Kokesh, and they reside on the property, it appears that the commercial use is a p«*rmitted use under the accessory use provision of the zoning code. The various sections of tlie code as it applies to the commercial use of land in the RR-1A area for the operation of a farm for profits are at best confusing and in some cases contradicting. 7f the city wants to control the types of commercial activities that are conducted on the various "farms" in the RR-1A zone, all such farms should be required to apply for a conditional use permit. If, on the other hand, the city wants to allow for a variety of commercial activities associated with "farms" including the boarding of animals, giving of lessons, renting horses, selling merchandise and animals associated with the farm activities, as appears to be tlie case with reference to other farms in the area, then the city should not be selectively asking farms to obtain a conditional use permit because of a complaint. Under the terms of the toning Ordinance, I am at a loss to understand the basis of tlieir complaints with reference to Mr. Kokesh's operation. Mr. Kokesh would bo willing to file whatever application is requested by the Zoning Administrator or tlie Planning Commission if the various conflicting sections are interpreted as requiring same. If you have any questions, please g.ve me a call.