Decision (61) - Laserfiche WebLink

Home Browse Search

applicants’ proposal does not meet the definition of a residential home because a license by the State is not required for adult day care service. The applicants stated that the business will not receive Medicaid funds, and certification is not required at this time. Subsequently, the proposal can be reviewed as a home occupation adult day care business. 10. The applicants indicate that operation of the business will take place in approximately two thousand square feet of the four thousand square foot dwelling. Office space and activities are located within the existing residence. Except for the arrival and departure of participants, the home occupation will take place in the dwelling. The proposal can meet 8(b). 11. There is no evidence that the business operation, as proposed, will interfere with other permitted uses in the area. The activity does not appear to conflict with agriculture use. Open farmland and adjacent rural residential parcels surround the property. As previously stated, the home occupation will be confined to the interior of existing buildings on the subject property. In this location, any related impacts will be isolated from adjacent properties by existing buildings, terrain, and distance from other property. Although the parcel contains cane berry production, there is no evidence that any building used for agriculture purposes will be included in the home occupation activities. A condition will require the applicants to obtain all necessary building permits prior to operating the business. Subject to meeting the conditions of approval, the criteria in 8(c) and (d) will be met. 12. The applicants are not proposing a sign on the property at this time. Information submitted by the applicants indicated that adult care would be performed at the site with no assembly or dispatch of employees to other locations from the property. According to the applicants’ description, it appears the work is a service business conducted within the dwelling. Incidental sales related to the services are not provided, and the business does not include a retail sales operation on the property. The criterion in 8 (e) (f) and (g) can be met. It should be noted the applicants produce jam from berries grown on the property, and jars of the product would be sold to the participants of the home occupation. The jam sales can be considered incidental. However, if jam production and sales becomes a separate business for the property owners, it would require additional review and a conditional use application as a commercial activity in conjunction with farm use. 13. In addition to the specific home occupation criteria, the SA zone also contains general criteria that apply to all conditional use proposals. These are found in Section 137.060(a) and include: (a) The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been approved and