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1 <br />Andrew Boucher <br />From:Andrew Boucher <br />Sent:Tuesday, September 16, 2025 6:04 PM <br />To:Jeff Foley; CJ Sycks <br />Cc:Kale Hassan; Nikki Foley <br />Subject:RE: 3646 Labore Road-SUBMISSION DRAFT <br />Attachments:CUP Application_3646 Labore Road.pdf; Variance-Request-Fillable.pdf; Ordinance- <br />No.-134-Home-Occupations (1).pdf <br />JeƯ, <br /> <br />The name can be corrected. That is the City of Gem Lake’s standard variance application, so it can’t <br />necessarily be omitted, but there is a section for description of variance being requested, which is where <br />you would put the number of non-residential employees and maximum number of o Ư-street parking <br />spaces because those are the regulations you are requesting a variance from. <br /> <br />I would like to explain the processes a little further, so you understand what you are applying for. A <br />Conditional Use Permit is required because the special home occupation intends to use more than 50% <br />of the floor area for the purposes of the business. A CUP is to establish the use itself and is not to <br />address practical diƯiculties from strict adherence to the zoning code as it is written, which is why the <br />variance process allows for deviations from the strict application of the zoning code. <br /> <br />Before the CUP or Special Home Occupation application can be deemed complete, I need to have <br />something in writing describing whether you or Nikki intend to continue the property’s primary residential <br />use by living in the unit as that is the intent of the Home Occupation Ordinance No. 134. I am concerned <br />that the business use is the sole function of the property and that there is no intention to maintain the <br />property’s primary residential use to the point where it is the principal use and the home occupation is <br />secondary/incidental. <br /> <br />Let me know if you have any questions or how you would like to proceed. <br /> <br />Thanks, <br /> <br />Andrew <br /> <br />Andrew Boucher <br />Planner <br /> <br />P 651.292.4545 | C 651.295.2267 <br />E andrew.boucher@tkda.com <br />3311 E Old Shakopee Rd, Suite 300, Bloomington, MN 55425 <br /> <br /> <br /> <br />Attachment D - Correspondence with Applicant on 9.16.25