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Special Home Occupation – 3646 Labore Road Gem Lake Planning Commission 10/07/2025 October 1, 2025 Page 6 9. The City Council may waive any of these requirements if the home occupation is located at least 350 feet from a residential lot line. This criterion is not applicable as the proposed home occupation would be within 350 feet of a neighboring residential lot line. 10. The City Council may add any additional requirements that it deems necessary to ensure that the operation of the home occupation will be compatible with nearby land uses. This criterion is not met. With the additional requirements, the operation of the home occupation will not be compatible with nearby land uses. ACTION The Planning Commission has the following options for the Conditional Use Permit allowing more than 50% of the residence to be used for the purposes of the Home Occupation: 1. Recommend approval of the request by the City Council, with or without conditions. 2. Recommend denial of the request by the City Council, with findings for denial. 3. Table the request for further review/study. The Planning Commission has the following options for the Special Home Occupation: 1. Recommend approval of the request by the City Council, with or without conditions. 2. Recommend denial of the request by the City Council, with findings for denial. 3. Table the request for further review/study. The Planning Commission has the following options for the Variance to allow more than one non-residential employee and more than three off-street parking spaces: 1. Recommend approval of the request by the City Council, with or without conditions. 2. Recommend denial of the request by the City Council, with findings for denial. 3. Table the request for further review/study. RECOMMENDATION Staff recommends the Planning Commission deny the Conditional Use Permit, Special Home Occupation, and Variance applications based the unmet criterion and the written legal opinion provided by the City Attorney, Chad Lemmons, on the applications. Attachment A: Applicant Narrative Attachment B: Applicant Correspondence, Variance and Conditional Use Applications Attachment C: Special Home Occupation License Application Attachment D: Correspondence with Applicant on 9.16.25 Attachment E: Survey Attachment F: Certificate of Insurance Attachment G: Floor Plan Attachment H: Completeness Letter Attachment I: Public Hearing Notice to Newspaper Attachment J: Public Hearing Notice to Neighbors Attachment K: City Attorney memo dated 10.1.2025