Planning Commission minutes November 16, 2016

Daniel Town Planning Meeting

In Conjunction with Daniel Town Council

Wednesday, November 16, 2016 at 7:00 PM 

      A quorum was present: Chairman Bunker and Commissioners Norris, Rawlings, Weight, Binkerd, Skinner, and Grose were present. Members of the Town Council present were: Mayor Turner and Councilmen Blotter and Glodowski.  Clerk Lynne Shindurling was present.

The meeting was called to order at 7:00 p.m.

Public members present were Ryan Taylor of Epic Engineering and Joe Witt and sons.

Public comment concerning any issue not on the agenda

There was no public comment.

  1. Planning Director Report(a)  A stop work order was Issued to Joe Witt on his Ag building. Joe was under the impression that it had been approved but that was incorrect. Ryan of Epic Engineering explained that he has met all the requirements listed for his building.

      Commissioner Weight moved to approve the plans for Joe Witt’s Ag building with                Commissioner Skinner seconding. The vote was unanimous and the motion carried.

2.  Approval of the planning minutes from July 20, 2016

     Commissioner Binkerd moved to approve the minutes of July 20, 2016 with Commissioner Norris seconding. The vote was as follows: Commissioners Norris, Binkerd, Rawlings, Weight yea and Commissioners Skinner and Grose abstain. The motion carried.

3. Commissioner Norris would like to put a moratorium on water in Storm Haven.

4.  Home Occupation Code 8.25: Collaboration of the two bodies, taking into account public comment, to revise the existing code (as taken from the minutes of Lynne Shindurling, Town Council Clerk)

Mayor Turner opened the discussion expressing his opinion that the current Home Occupation Code written for a resident conducting business in the RA5 zoning is an attempt to allow for business activities within the community without noticeably changing the spirit of the residential atmosphere while, at the same time, following the general plan developed for Daniel Town.   Many of the newer businesses operating at residences are not home occupation businesses as defined.   Council member Blotter suggested it may make sense to have a Home Occupation business license for businesses conducted entirely within the home and perhaps a different type of business license for other operations.  Commissioner Skinner asked if the Town wants to allow perceived commercial endeavors within the RA5 zone.

Council member Blotter recommended operations of a commercial nature be conducted in a commercial zone and not in the residential.  Commissioner Binkerd is concerned about how new home occupation code can be enforced with businesses already operating “commercial” endeavors in the residential zone.  Commissioner Weight stated commercial businesses operating within the residential zone ought to at least be required to follow the code as set for the commercial zone.

Kim Norris stated the culture has changed in Daniel among small business owners who realize they may already be in violation and rewriting of the Home Occupation Code is going to impact how they do business.

Commissioner Weight stated the current 8.25 code has gone through the Council and the Planning Commission with recommended changes.  He wants to finish the process and let that be the rewritten code.  Commission Rawlings opined rewriting of the code and enforcing the code with the businesses in place is going to lead to expensive litigation.  Commission Norris thinks the business owners are not wanting to spend money on a legal battle.

Commissioner Grose stated she is in agreement with most of what is written in the Home Occupation Code 8.25 as applied to businesses conducted entirely within the home, as the name implies, and commercial businesses conducted in RA5 should be dealt with as a separate issue for later discussion.

The Mayor stated with a new code in place, it will be the Council’s responsibility to verify the intended purpose of the business and make sure it complies with Code at its inception and upon annual renewal.  If not, the license should be denied.

Council member Blotter mentioned the current code, in his opinion, mixes up business license and home occupation permit.  He would like the Council members and Commissioners present to decide if there should be more than one license.

Council member Bunker illustrated on the white board the possibility of a home occupation business, self-employed or small business owners, and a commercial endeavor, three different licenses with different requirements and restrictions.  It was decided by those present this is the route to take, so tonight the home occupation code in itself will be reviewed and addressed.  At a later time, new code will be created to cover businesses which are not in the commercial zone and are not conducted entirely within the home.  The title for this type of business has not been determined yet.  For those businesses whose renewal comes due before the new code is written, they will be renewed until such time as a new code is in place and the businesses can be reviewed individually and brought into compliance.  Commissioner Weight stated he would like signage to be addressed in code, including vehicles with posted company names and logos.

Council member Bunker stated when he receives a written complaint and pursues enforcement of code and ordinances, he cites non-compliance with a nuisance ordinance as provided by the state; that being noise, dust, odor, and smoke.  They are definable.  If a legal battle ensues, they are cited and all applicable code and ordinances in violation come before the judge.

Council member Bunker cited language from an email of a CPA, Brad Allen, defining home occupation and self-employed with a size restriction to help with definitions.

At this time, Council member Blotter went through the current 8.25 code line by line offering some new wording and including language both the Council and Planning Commission had suggested beforehand.

5.  Commissioner Skinner moved to adjourn the meeting with Commissioner Norris seconding. The vote was unanimous and the motion carried.

Meeting adjourned at 9:30 p.m.

Kathy Jo Percy, Secretary




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