re request for home ocupation license fee refund - 2005

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REQUEST FOR COUNCIL ACTION Date: August 2, 2005 Item No. Department ApprovaL• � Administrator Approval: Agenda Section: Name: Melanie Curtis � Title: City Planner Item Description: Jeff& Tracy Cordes— 830 Forest Arms Lane—Home Occupation License Review—Public Hearing Zoning District: LR-1B, One Family Lakeshore Residential Lot Area: 1.0 Acre List of Exhibits: Exhibit A - Home Occupation License Application Exhibit B - Relevant City Code Sections 78-1376 & 26-76 Exhibit C - Letter from Staff dated 06-08-OS Exhibit D - Public Comments Received Application Summary In response to an inquiry regarding the home occupation license status of the landscaping and contracting business at 830 Forest Arms Lane staff researched the file and it was determined that no home occupation license had been issued for the property. In cases where it is unclear whether a home occupation should be classified as Level 1 or Level 2, the zoning administrator shall make such a determination subject to city council confirmation if requested by the operator of the home occupation. In this instance, it is unclear as to whether or not the property owners are operating a level 2 home occupation or if the use is prohibited. The applicants are the owners and residents of the property at 830 Forest Arms Lane. Upon notification from the City the applicants have completed the Home Occupation License application, submitted all the required documentation and $100 license fee. This review has been procedurally treated as a Level 2 home occupation and the properties within 350' have been notified of this 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: I. Those with employed persons other than occupants of the dwelling. The applicants have one employee as listed on the submitted application. 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 applicants store the majoriry of the business vehicles and equipment within an accessory structure. 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 applicants' business involves the use ofa commercial or nonpassenger vehicle. 1