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Memorandum-REVISED To: Gem Lake City Council Project Reference: Variance and Special Home Occupation Copies To: Barbara Suciu, Clerk Jeff and Nikki Foley, Applicant TKDA Project No.: 22428.000 From: Andrew Boucher, Planner Client No.: Phase 0006 Date: October 20, 2025 SUBJECT: Variance and Special Home Occupation License request for an in-home financial service business with more than one non-resident employee and more than three off-street parking spaces. MEETING DATE: October 21, 2025 LOCATION: 3646 Labore Road (Parcel ID 283022440005) APPLICANT/OWNER: Jeff and Nikki Foley, Applicant on behalf of Carole M. Schilling Trust and Carole M. Schilling, Trustee. ZONING: Single Family Executive Residential (RX) ITEMS REVIEWED: Application and plans received on 09/18/2025; revised plans received on 10/16/2025 and 10/20/2025 DESCRIPTION OF THE REQUEST The applicant has the property at 3646 Labore Road under contingency for the purpose of operating a financial service home occupation pending City approval of the required Special Home Occupation License and Variances. The applicant is proposing to have up to 14 non-residential employees working on-site at one time and customers coming to the residence which requires a Special Home Occupation License. The applicant is also seeking approval of a Variance to allow for more than one non-residential employee and more than three off-street parking spaces. The plans submitted by the applicant call for utilizing the main residence to provide appointment-only financial services from Monday – Friday, 9:00 a.m. to 5:00 p.m.; the applicant currently runs the business out of a commercial space in Arden Hills and has provided correspondence stating their intention to establish a primary residence at the subject address. The property survey shows two existing driveways and the applicant states in their narrative that between the two driveways on the property, there are no more than 14 full and part-time employees and a total of 20 parking spaces anticipated. Customers per day on-site vary as the business is appointment-only; the applicant does not anticipate deliveries as the business provides intangible services with no physical product. Appointments will be scheduled for weekdays between normal business hours, 9:00 a.m. to 5:00 p.m. Home Occupations in the city are regulated by Ordinance 134. The ordinance breaks home occupations into three tiers: occupations that require no license or permit, occupations that require a license, and occupations that require a conditional use permit (CUP). The applicant’s home occupation having on-site customers requires a home occupation license. Initially at the Planning Commission, the applicant materials did not determine the percentage of the floor plan that was to be used for the business but has provided materials for the City Council clarifying that a Conditional Use Permit is not required so long as less than 50% of the residence is used for the business. A Variance is required for both the number of non-residential employees and off-street parking spaces.