CUP 04-08 Staff Report
From Weber County Wiki
- Chapter 12 (Forest Residential Zone) FR-1
- Chapter 22C (Conditional Uses)
- Chapter 24 (Parking Requirements)
- Chapter 36 (Design Review)
- Chapter 34 (Home Occupation)
Background and Analysis
The petitioner is requesting a conditional use permit to allow visiting clientele to come to her home to purchase her artwork. The sales would take place during art shows which would be held in the petitioner’s home up to 3 times per year. The art shows can run from 8 a.m. to 9 p.m. and may be held on any day of the week except Sunday. The shows will be limited to not more than 10 buying customers at one time.
Parking: Chapter 34 (Home Occupation) states that an occupation that attracts customers, clients, or students to the premises shall provide adequate off-street parking as determined by the Planning Commission. The petitioner has labeled an area on the site plan for 6 to 8 parking stalls (See Exhibit B), but an aerial photo (See Exhibit C) of the site shows the area having enough room for only 5 parking stalls. Staff finds that 5 parking stalls are sufficient for the scale of the home occupation being requested.
Landscaping/Signs: The existing home has a landscaped yard and no signage will be used as part of this home occupation.
Home Occupation Conditions: The petitioner is required to meet all of the conditions listed in Chapter 34 (Home Occupations) Section 3. (See Exhibit D)
Planning Commission Considerations
The Planning Commission may deny or permit a conditional use to be located within any zone in which the particular conditional use is permitted by the use regulations of that zone. In authorizing any conditional use, the Planning Commission shall impose such requirements and conditions necessary for the protection of adjacent properties and the public welfare. The decision of the Planning Commission may be appealed to the County Commission by filing such appeal within 15 days after the date of the decision of the Planning Commission.
The County Commission may uphold or reverse the decision of the Planning Commission and impose any additional conditions that it may deem necessary in granting an appeal. The decision of the County Commission shall be final.
Basis for Issuance of Conditional Use Permit
The Planning Commission shall not authorize a Conditional Use Permit unless evidence is presented to establish:
- That the proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the community; and
- That such use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons nor injurious to property or improvements in the community, but will be compatible with and complimentary to the existing surrounding uses, buildings and structures when considering traffic generation, parking, building design and location, landscaping and signs; and
- That the proposed use will comply with the regulations and conditions specified in this Ordinance for such use; and
- That the proposed use conforms to the goals, policies and governing principles and land use of the General Plan for Weber County; and
- That the proposed use will not lead to the deterioration of the environment or ecology of the general area, nor will produce conditions or emit pollutants of such a type or of such a quantity so as to detrimentally effect, to any appreciable degree, public and private properties including the operation of existing uses thereon, in the immediate vicinity of the community or area as a whole.
Staff finds that the request complies with the 5 requirements listed under Basis for Issuance of a Conditional Use Permit for the following reasons:
- The proposed use of the particular location will not disrupt the general well being of the community.
- The proposed use will not detrimentally affect people or property in the community and the small scale of the use will maintain the look and feel of a single family dwelling.
- The proposed use will meet the requirements of applicable ordinances.
- The proposed use does conform to the General Plan as shown below.
- The proposed use will not have a measurable impact on the environment nor will it produce pollutants, noise, light, or other nuisances.
Conformance to the General Plan
The FR-1 Zone allows a home occupation with visiting clientele as a conditional use. By meeting the applicable Zoning Ordinance requirements and the requirements of the Planning Commission, the request will conform to the General Plan.
Conditions of Approval
- Requirements and recommendations of the Weber Fire District
- Requirements and recommendations of the Weber County Building Inspection Department
- Requirements and recommendations of the Weber County Health Department
- Requirements listed in Chapter 34 (Home Occupations) Section 3.
Staff recommends approval of CUP 04-08 based on the information and findings mentioned previously in the staff report.