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Special Home Occupation – 3646 Labore Road Gem Lake City Council 10/21/2025 October 20, 2025 Page 3 detected from the street or adjacent properties are the least intensive use, and therefore do not require a permit or license. The second category (home occupations that require a license) applies to a home occupation that does one (or more) of the following: 1. Occupations that have one non-resident employee working on-site at one time. 2. Occupations that require parking of light commercial vehicles, or trailers with a maximum one-ton payload capacity. 3. Occupations that result in manufacturing, processing, or assembly of products on-site. 4. Occupations that result in customers coming to the residence, such as selling of crafts or baked goods, providing teaching or tutoring to multiple students. 5. Occupations that result in deliveries of goods to the residence. The applicant’s proposed home occupation would result in customers coming to the property and based on the revised application materials submitted appears to use less than 50% of the residence for purposes of the business; therefore, it requires a license from the city. Ordinance No. 134 further states that a requirement for a home occupation, an area equivalent to no more than 50% of each level of the house, including the basement and garage, shall be used in the conduct of a home occupation. Attachment G shows more than 50% of the lower and main levels used, but does not include bathrooms and hallways, and acknowledges that there will be overlap of shared space for the residence and the business use. A variance is also required to accommodate the total number of non-residential employees desired (14) and number of off-street parking spaces (20 spaces). A variance may not be granted to allow any use that is not allowed in the zoning district in which the property is located. Ordinance No. 131, Section 17 outlines the process and required findings for variances (4). The purpose and intent of a variance is to allow the City Council, sitting as the Board of Appeal and Adjustment, to consider granting Variances should the strict application of the Zoning Ordinance result in practical difficulties. “Practical difficulties”, in the context of a variance, means that: 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance; The owner/applicant is proposing to use the property to operate a home occupation which is a permitted accessory use in the Zoning Ordinance but requires a Conditional Use Permit for use of more than 50% of the residence including accessory structures. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner; The plight is due to circumstances created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. The variance, if granted, is in keeping with other adjacent commercial uses in the immediate area but is different from the other residential uses found in the Single-Family Executive “RX” Residential District. The zone does not allow for commercial business functions apart from home occupations, county clubs, golf courses, and other private commercial recreation areas and facilities, and bed and breakfast establishments. There are other properties in the vicinity are zoned Gateway which is where much of the public facing commercial activity occurs. 4. Economic considerations alone do not constitute practical difficulties. Economic considerations are not identified or found to be creating practical difficulties.