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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 24, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 2 of 10 (3. GARY FRAZIER, 4555 SPRUCE WAY – LEVEL 2 HOME OCCUPATION, Continued) 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. 3. Those involving the use or parking of a commercial or nonpassenger vehicle, whether such use or parking is in a building or outside. 4. Those which do not meet one or more of the specific performance standards. 5. Those which generate excessive traffic under the standards of Subsection (d)(13) of this section. Home occupations are subject to sixteen performance standards. It appears to Staff that the applicant is unable to meet the following two performance standards: (6) Outdoor storage prohibited. Outdoor storage or display of materials, goods, supplies, or equipment related to the conduct of the home occupation shall be prohibited, except that licensed passenger vehicles used in the home occupation may be parked outside provided they are in compliance with all other requirements of this section. (8) Commercial or nonpassenger vehicles. Parking/storage of any commercial or nonpassenger vehicles used in the home occupation shall be within a fully enclosed building. Noise, odors or vibration from the operation of such vehicles shall not be discernible at the property line. In addition, the business has the potential to conflict with the following standard: (13) The home occupation shall not generate excessive traffic that is detrimental to the residential character of the surrounding properties or the neighborhood. For the purposes of this provision, more than five customers or clients per day, or more than two customers at any given time, may be determined to be an excessive and detrimental level of traffic. The number shall apply to each dwelling unit, regardless of the number o home occupations conducted in the dwelling unit. The criteria used by the zoning administrator to determine impact shall include, but not be limited to: a. The characteristics of the neighborhood, including current land use, lot sizes, lot widths, parking availability, and screening. b. Type of street, width, and traffic volumes. c. The availability and location of off-street parking. Planning Staff recommends approval of the Level 2 home occupation for Gary Frazier/Express Delivery Systems subject to the following conditions: 1. All nonpassenger vehicles associated with the business must be stored inside a garage by no later than one year from approval or a date deemed appropriate by the City Council. 2. The number of business trips per day shall be limited to one round trip per truck, limited to the two existing trucks. Item #02 - CC Agenda - 09/14/09 Approval of Council Minutes 08/24/09 [Page 2 of 10]