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HomeMy WebLinkAbout2.0 BOCC Staff Report 07.20.2015Board of County Commissioners — Public Hearing Exhibits Jose Castillo Conditional Use Permit — Substantial Amendment July 20, 2015 (File CUAA-8288) Exhibit Letter (Numerical) Exhibit Description 1 Public Hearing Notice Information 2 Proof of Publication 3 Receipts from Mailing Notice 4 Photo evidence of Public Notice Posting 5 Garfield County Land Use and Development Code, as amended 6 Garfield County Comprehensive Plan of 2030 7 Application 8 Staff Report 9 Staff Presentation 10 Referral Comments from Colorado River Fire Rescue (dated June 29, 2015) 11 Conditional Use Permit, Reception Number 763254 — Home Occupation for a Mobile Tire Repair Service for Resolution 2007-05 12 Resolution 2007-05 13 Staff Report for Castillo Conditional Use Permit - Home Occupation for a Mobile Tire Repair Service 14 I-eft�� croM FPMo'ida A%ium ,i'leta-, if S (�% °cI/ 7/i /. 15 r�/ '/L7> ! 2ei4 /l v 'Pu h C -m c --vi ino0.�r4 6- ci je C Via 16�e 'r ,F,/ -cµ-► 12, cd✓o-r/( c ,i /'i 17 18 r?P-SctiPcfo (e '? BOCC 7/20/15 File No. CUAA-8288 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST Amendment to a Special Use Permit condition of approval - Home Occupation (Mobile Tire Repair Service). APPLICANT - PROPERTY OWNER Jose Castillo ASSESSOR'S PARCEL # 21 81 03201 003 PROPERTY SIZE -0.25 acres. LOCATION The property is located approximately 1/3 of a mile west of the Town of New Castle on Lot 15 of Mountain Shadows Subdivision, in Section 4, T6S, R91 W. ADDRESS 0044 Apple Drive, New Castle. ACCESS The Home Occupation is accessed by Apple Drive. EXISTING ZONING The property is zoned Residential / Mobile Home Park. I. GENERAL PROJECT DESCRIPTION The Applicant is requesting amendments to conditions of approval for a previously approved Conditional Use Permit for a Home Occupation, Mobile Tire Repair Service. The original Conditional Use Permit was approved on January 15th, 2007 and memorialized under Resolution 2007-05 while the Conditional Use Permit was issued on February 2nd, 2009. The Applicant is requesting to amend several of the Conditions of Approval, specifically the proposed amendments to the Resolution include amending condition #4 (extend hours of equipment operation), #5 (Allow garage doors to be opened), #6 (allow onsite customer vehicle repairs), #7 (allow outside tire storage), #8 (allow signage), #13 (allow deliveries outside designated hours), and #14 (allow walk-in tire service and repair) as well as adding a condition for customer vehicle parking. These conditions are proposed to be modified because the functioning of the business has changed from what was represented to the BOCC in 2007. In accordance with Section 4-106(A)(4), "Any requested change of a specific condition(s) as identified in a resolution adopted by the BOCC shall be considered a Substantial 1 Modification." As a result, this request has been processed as a Substantial Modification and has required a new application for a Land Use Change Permit. In accordance with Section 2-101 of the LUDC, "The requirement for a Land Use Change Permit and the permit provisions set forth in this Article apply to any proposed change in land use..." To this end, the Staff determination within this Report is based on the applicable Standards within the LUDC of 2013, as amended. The review and subsequent decision, however, only affect the proposed change to the Land Use Change Permit and if denied, the original approval will still stand. The Conditional Use Permit that was approved in 2007 and permitted to operate starting in 2009, was for a mobile tire changing business where no customers would come to the home and onsite repair of vehicles was not contemplated (only tires would come to the shop for service). The Staff Report from 2007 describes the proposed use as follows: The Applicant wishes to operate a mobile tire repair service out of a proposed 1500 sq. ft. garage. When a motorist with a flat tire contacts this service, a vehicle will be dispatched. Tires will be exchanged on the scene when possible. This will be a 24hr/day service. Two vehicles will be used for this business, and the applicant proposes to keep both parked in the proposed garage. The necessary equipment includes: 1. Tire balancing machine 2. A machine to remove tires from the rim 3. Compressor and impact wrenches The application in 2007 was reviewed under Section 2.02.29 the Zoning Resolution of 1978 which required the applicant to obtain a Conditional Use Permit for a Home Occupation for this type of use. The 1978 Zoning Resolution defined a Home Occupation as follows: Any use for gain or support carried on as an accessory use within a dwelling or a building accessory thereto, wherein such use would not create the appearance or impact of a commercial activity. It is understood that the Applicant now has a vehicle lift onsite as well as the approved tire balancing machine, a machine to remove tires from the rim as well as a compressor and impact wrench. The Applicant would also like to open the garage doors to bring vehicles in for service; be allowed a maximum of 3 customer vehicles onsite and outside the garage; store tires outside; have a business sign; obtain deliveries more than once per week and outside the 9 AM to 5 PM, and allow for drop off/walk in service. The County Code Enforcement Officer was made aware of the altered operation of the Home Occupation by a neighboring property owner. The Applicant was sent a warning (not a Notice of Violation) letter in December 2014. 2 Vicinity Map "7/1 7/17.-" 3 6 7 8 Town of New Castle 335 Subject Parcel Mountain Ows 2 335 Appletree Park ;314 3 Aerial Map II. LOCATION - SITE DESCRIPTION The site is currently constructed with a 1400 sq. ft. single family home and a 1500 sq. ft. garage for the Home Occupation. The Applicant is currently storing tires in the backyard of the property. The Mountain Shadows subdivision is residential and sits adjacent to Appletree Mobile Home Park. Across CR 335 from the subject parcel is the Colorado River Fire Rescue fire house. The property is zone Residential / Mobile Home Park while surrounding zoning is PUD. 4 Photo of Site - From Apple Drive Photo of Site - From CR 335 5 III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Board's public hearing in accordance with the Garfield County Land Use and Development Code as amended. Comments from referral agencies and County Departments are summarized below and attached as Exhibits. 1. Colorado River Fire Rescue: (See Exhibits 10) • Request that the CRFR be allowed by the owner to pre -plan and inspect the business for Fire Code violations on a yearly basis. • Noted that customer parking could block the Apple Drive through the development. 2. Other agencies that did not submit comments include: (a) Garfield County Road and Bridge, (b) Garfield County Sheriff, (c) Garfield County Environmental Health, and (d) Town of New Castle IV. STAFF COMMENTS AND ANALYSIS In accordance with the Land Use and Development Code, the proposal is required to meet all of the standards as identified in Article 7, Divisions 1, 2, and 3, including Section 7-702 Home Office / Business. The Application materials were limited to those items necessary to review the proposed change. 7-101: Zone District Regulations The proposed use demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article 3 standards for the Residential / Mobile Home Park zone district. Should the use not conform to the Standards outlined in Section 7-702, Home Office / Business, then the Home Occupation use is considered a Commercial Use - Vehicles and Equipment: Repair, Body / Paint, or Upholstery Shop, which is a prohibited use within the Residential / Mobile Home Park zone district. 7-102: Comprehensive Plan and Intergovernmental Agreements The Comprehensive Plan 2030 designates the site as RMH (Residential Medium High Density) and as a Designate Center - Village Center. Excerpts from the Land Use Description Chapter 2 are provided below. Chapter 2 - Future Land Use Residential Medium High (RMH) Small farms, estates, and clustered residential subdivisions; density determined by degree of clustering and land preserved in open condition: 0% open land = 1 du per -6 acres 6 50% open land = 1 du per 4 acres 70% open land = 1 du per 2 acres Growth in Designated Centers Self-contained subdivisions that contain town and neighborhood centers primarily to serve their own populations. Their infrastructure and certain governmental functions are provided by one or more special districts. Village Centers Village Centers are areas where there is a concentration of residential development and commercial development that is intended primarily for the convenience needs of surrounding residential development. This mix of uses may include educational, institutional and civic uses. Section 4 — Economics, Employment and Tourism Vision The County has encouraged economic opportunity and diversity to develop in strategic locations by designating a variety of areas as employment and commerce centers. Designated areas have encouraged business clusters to develop and incubators, entrepreneurial and existing business have expanded into these areas. The county has played a key role in providing traditional and communications infrastructure to specific commerce centers. As the tire service and repair business primarily serves the local community, it is Staff's opinion that the Home Occupation is in conformance with the Village Center designation of the Comprehensive Plan. In addition, the location and design of the proposed facility is in general conformance with the Comprehensive Plan Vision. 7-103: Compatibility The Conditional Use Permit reviewed by the BOCC in 2007 was approved with conditions that were appropriate to allow the mobile tire repair business as was proposed while achieving the goal of the 1978 Zoning Resolution to "not create the appearance or impact of a commercial activity". All of the proposed amendments to the existing conditions of approval (extend hours of operation, allow garage doors to be opened, allow onsite customer repairs, allow outside storage, allow signage, allow deliveries outside designated hours, allow walk-in service as well as adding a condition for vehicle parking) will generally decrease the compatibility of the business with the surrounding residential properties. Essentially, the proposed amendments will legally convert the business from one that is remotely operated to one that is operated entirely onsite as a tire repair, service and sales business. To this end, it is Staff's opinion that due to the density of the residential subdivision that the aggregate impact of the amendments as proposed are generally not compatible with the surrounding land uses. 7-104: Source of Water The home is currently served with water. No changes to water demands are proposed as a part of the application. Although the business is now to be open to walk-in customers, the Applicant has not indicated that any waiting areas or rest room facilities will be provided for customers. 7-105: Waste Water System The home is currently served with wastewater facilities. No changes to wastewater demands are proposed as a part of the application. Although the business is now to be open to walk-in customers, the Applicant has not indicated that any waiting areas or rest room facilities will be provided for customers. 7-106: Public Utilities The home is currently served with public utilities. No changes to public utility demands are proposed as a part of the application. 7-107: Access & Roadways The Home Occupation was previously permitted. As part of this review process, the Staff Report indicated that access is appropriate. No modification to access is proposed as a part of this Land Use Change Permit amendment. The approval for the Mobile Tire Repair business in 2007 did not anticipate customers coming to the home. The Staff Report from 2007 states that "The use will generate traffic as the mobile unit is dispatched to service customers. Regarding deliveries, the Applicant anticipates a maximum of one delivery per week. Tires and other materials will be delivered by suppliers." As the use is now proposed to accommodate walk-in traffic, an increase in vehicle traffic is expected. Specific numbers of vehicles accessing the business was not represented. According to the Institute for Traffic Engineers (ITE) Trip Generation Manual, 8th Edition, an Automobile Care Center (Category 942) is expected to generate 12.48 trips per Service Bay. Staff understands that the business has one lift and as a result, one Service Bay. To this end, the expected traffic generation for this kind of business with walk-in traffic is expected to be 12.48 average daily trips. The ITE Trip Generation Manual states that a Single Family Dwelling Unit has an expected traffic impact of 9.57 average daily trips. To this end, the business alone as proposed is expected to generate 30% more traffic than the single family dwelling unit on the property and have a cumulative traffic impact of 22.05 (12.48 + 9.57) average daily trips. While this increase in the volume of traffic is expected to be noticeable to surrounding property owners, it is not anticipated to require any road or driveway improvements. The application was referred to Road and Bridge, but no comments were received. 8 7-108: Natural Hazards The Home Occupation was previously permitted. A review of identified hazards through Garfield County GIS did not reveal any known hazards on the property. 7-109: Fire Protection The Application was referred to Colorado River Fire Rescue, which has requested that the owner allow inspection of the business on a yearly basis. In addition, concerns were expressed regarding on street customer parking blocking the roadway. Staff recommends a condition of approval that the owners allow Colorado River Fire Rescue to inspect the business on an annual basis as well as a condition prohibiting on street parking. The proposed amendments to the application are not anticipated to increase the overall fire danger of the property, however. The property is located across CR 335 from the Fire District's fire house and is not located within an area with a high fire danger according to the Community Wildfire Protection Plan (CWPP). 7-201: Agricultural Lands With no new disturbed areas, no impact on agricultural land is anticipated. 7-202: Wildlife Habitat Areas As the Home Occupation is located within a dense residential subdivision and no new disturbance areas are proposed, no impacts to wildlife are anticipated. 7-203: Protection of Water Bodies As the Home Occupation is located within a dense residential subdivision and no new disturbance areas are proposed, no impacts to water bodies are anticipated. 7-204: Drainage and Erosion (Stormwater) As the Home Occupation is located within a dense residential subdivision and no new disturbance areas are proposed, no new impacts to drainage and erosion are anticipated. 7-205 Environmental Quality No adverse impacts to environmental quality is expected as a result of the proposed amendments. 7-206: Wildfire Hazards See Section 7-109, above. 9 7-207 Natural and Geologic Hazards See Section 7-108, above. 7-208: Reclamation No new disturbance is expected which would require reclamation. 7-301: Compatible Design See Section 7-103, above. 7-302: Off -Street Parking and Loading Standards The Applicant has indicated that the property has parking for three vehicles inside the garage, two vehicles in the driveway and additional space for 8 vehicles. In accordance with LUDC, the single family dwelling unit is required to have 2 spaces while the tire business is required to have 1 space per 250 Square Feet of Leasable Floor Area (Commercial Use — Retail, Service, or Office). The Applicant has represented that the business occupies a space of 1,500 square feet. As a result, the tire business is required to have 6 parking spaces. To this end, the tire business in addition to the single family dwelling unit require 8 off street parking spaces. From the Applicants representations, it appears that there is adequate off-street parking for the proposed business and residential uses. Comments were received Colorado River Fire Rescue. These comments state that "I (Orrin Moon, Fire Marshal) do have concerns about added parking on the street and the possibility of fire access being blocked by the parking. A 20' road way shall be maintained at all times." Staff recommends a condition of approval that no business related parking shall be permitted on any adjacent roadway. 7-303: Landscaping No changes to the physical characteristics of the site are proposed. The property is currently landscaped consistent with that common for a single family home. 7-304: Lighting No changes to the physical characteristics of the site are proposed. 10 7-305 Snow Storage Adequate snow storage is available on the property where this facility is located. 7-306 Trails The tire business is within a residential subdivision. While the local streets do not have trails or sidewalks, there is a new trail located behind the property and along County Road 335. 7-702 Home Office / Business A. Activities Incidental and Secondary The residence of the person(s) conducting the Home Office/Business and all Home Office/Business activities, shall remain incidental and secondary to the use of the property for residential purposes. Child day care that takes place in a home is not considered, for the purposes of this Code, a Home Office/Business. 1. The amount of space used for the Home Office/Business activity, including any storage, shall not exceed 25% of the total amount of Floor Area and unfinished Basement, garages and storage areas, in which the business is operating. 2. The use shall not have the appearance of a commercial use. The currently permitted Mobile Tire Repair business is 51.7% of the total combined home and garage floor area square footage. As a result, the proposed Home Office / Business would not be permissible under the 2013 LUDC. However, Staff understands that the Applicant does currently reside on the property with the Mobile Tire Repair business. This ratio is not proposed to change as a result of the modifications to this permit. The nature of the business, however, is proposed to change from what was reviewed and permitted in 2007. The anticipated impacts to the appearance of the property as a commercial use are outlined below for each of the requests. - The Applicant is requesting to increase the hours for which they can operate equipment from 9AM — 5PM Monday — Friday and 9AM — 12PM on Saturday to 7AM - 6PM Monday — Friday and 7AM -5PM on Saturday. While the hours of equipment operation did not have as substantial an impact under the permit issued for a Mobile Tire Repair business where no customers came to the residence, this increase in the hours of operation, particularly on Saturday will mean more traffic and commercial activity during the hours when more surrounding residents are at home. As a result, it is Staff's opinion that increasing the hours of operation will increase the appearance and impacts associated with the commercial activity. 11 - Currently, the Applicant is required to keep the garage door closed at all times. The purpose of this condition is specifically to limit the appearance as well as visual and noise impacts of commercial activity. Allowing work to be conducted on vehicles while the garage doors are open will directly expose the tire repair business to the surrounding neighborhood. As a result, it is Staff's opinion that allowing the garage doors to be open will increase the appearance and impacts of the commercial activity on the site. The Applicant is requesting to conduct onsite tire service, repair and sales. One of the main premises of the Conditional Use Permit approved in 2007 was that no work would be conducted onsite to customer's vehicles. Instead, as a Mobile Tire Repair business, tires would be changed in the field with the damaged tire brought back to the shop for repair. This provision of the business was mirrored in the conditions of approval which in turn helped the business meet the requirements of the 1978 Zoning Resolution. By allowing onsite tire service, repair and sales, the Applicant is requesting to operate a full service tire business within a residential subdivision. It is Staff's opinion that such an expansive business does not fit the current Code requirements for a Home Business as it will inherently have the appearance and impacts of a commercial operation. Should the Board wish to allow onsite service of customer vehicles, Staff recommends a condition of approval that requires all work to be contained within a building. Signage is a clear indication of commercial activity. As a result, the approved Permit does not allow for signage. The Applicant is requesting signage because, as a tire service and sales business with walk-in customers, it is important to help guide customers to the establishment. It is Staff's opinion that allowing signage will create the appearance and visual impact of the commercial activity on the site. Commercial uses which do not fit the Standards for a Home Office / Business are prohibited in the Residential / Mobile Home Park zone district. - The application which was approved in 2007 required all tires to be stored inside the garage or dwelling. The Applicant now wishes to store tires in the backyard of the home and business. It is Staff's opinion that allowing outdoor storage of tires will create the appearance of the commercial activity on the site. Commercial uses which do not fit the Standards for a Home Office / Business are prohibited in the Residential / Mobile Home Park zone district. - The Applicant would like to allow outside parking of up to three customer vehicles. Customer vehicles parked outside can create the appearance of commercial activity. However, should the BOCC wish to allow an expansion on this business at this location, Staff suggests a condition of approval which places a limit of three customer vehicles parked outside, limit customer parking to the garage driveway and prohibit parking on Apple Drive or CR 335. 12 B. Activity Contained The activity shall be contained within a building. The Applicant is requesting three changes that are impacted by the requirement that all activity be contained within a building. These changes are outlined below. The Applicant is requesting that the garage doors be permitted to be open while work is being conducted on vehicles. Permitting the garage doors to be open while work is being performed would bring the operation out of compliance with the provision that the activity be contained within a building. - The application which was approved in 2007 required all tires to be stored inside the garage. The Applicant now wishes to store tires in the backyard of the home and business. The storage of tires outside the building would mean that all business activities would not be contained within a building. - The parking of customer vehicles outside has been requested. The parking of customer vehicles outside means that this activity would not be contained within a building. C. Provision of Mandatory Parking Spaces The location of the Home Office/Business shall not interfere with the provision of mandatory parking spaces for that property. See Section 7-302, above. D. Activities Conducted by Resident All Home Office/Business activities must be conducted by the person(s) who reside at the location. The activity may be supported by no more than 1 person living off site, such as an employee, independent contractor, officer, agent, partner, volunteer, or any person serving in any other capacity for the benefit of the Home Office/Business. Staff understands that the Applicant resides at the subject property and also runs the existing and proposed business. E. Disturbances The Home Office/Business activity shall not result in any noise, fumes, dust, electrical disturbance, or traffic reasonably objectionable to an Adjacent Property Owner. The application that was approved in 2007 did not permit onsite repair of customer vehicles. The reason for this provision was to limit disturbance to neighboring property owners and increase compatibility with the residential neighborhood. The proposed amendments would allow customer vehicle repair onsite. In addition, it would permit the opening of the garage doors while work is being conducted. This combination of activities would increase the amount of audible noise to neighboring property owners as a result of the tire repair and sales business. 13 In addition, by permitting walk-in service and expanded hours of operation, there will be a notable increase in traffic as discussed in Section 7-107, above. F. Display of Goods and Retail Sales No Home Office/Business activity may include any window or outdoor display of goods, any stock in trade, or any other commodities. The Applicant has not proposed to display any goods or other commodities. G. Signage There shall be no signs advertising a Home Office/Business. The Applicant has requested to install a sign for the business in order to let customers know where it is located. This section of the LUDC is clear that signs are not permitted as part of a Home Office / Business. The approval in 2007 also specifically prohibited signage as it made the presence of the commercial activity apparent within the residential subdivision. V. SUPPLEMENTAL AND ADDITIONAL STAFF ANALYSIS No supplemental information was submitted after the application was deemed technically complete. VI. RECOMMENDATION Option 1 - Denial of Amended Conditions #4, #5, #6, #7, #8, #13 and #14 Staff finds that the proposed amendments do not meet the Standards for a Home Office / Business within the LUDC of 2013, as amended, and changes the nature of the approval from 2007. As a result, Staff recommends Denial of the proposed amendments to the Conditional Use Permit for a Home Occupation for a Mobile Tire Repair Service memorialized by Resolution 2007-05. It is staff's opinion that unless the use meets the Standards for a Home Office / Business in the LUDC of 2013, then the use is considered a Commercial Activity (Vehicles and Equipment: Repair, Body / Paint, or Upholstery Shop), which is a prohibited use in the Residential / Mobile Home Park zone district. In accordance with Section 4-106(B)(1)(b)(1), "the review of the application may result in an approval, approval with conditions or denial of the amendment only. If the amendment is denied, the Applicant's original approval is still valid." Should the BOCC deny the application as proposed, Staff recommends the following Findings. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the 14 Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Amendments to the Conditional Use Permit for the Castillo Home Occupation for a Mobile Tire Repair Service are NOT in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That the application has NOT adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended. Option 2 — Denial of Amended Condition #8, Approval of Amended Conditions #4, #5, #6, #7, #13 and #14, Addition of Conditions related to the Permit title and number of vehicles onsite. As this application was approved as a Conditional Use Permit under the 1978 Zoning Resolution, should the BOCC wish to approve the requested amendments, Staff recommends the following Findings, Waivers from the Standards and conditions of approval. Staff recommends maintaining condition number 8 (with a change in verbiage), prohibiting signage, with the intent as it exists today in order to increase conformity to the LUDC. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That with the adoption of waiver from the Home Office/Business standards, the application has adequately met the requirements of the Garfield County Land Use and Development Code, Section 7-702(A)(2) and Section 7-702(B). 4. That for the above stated and other reasons the proposed Amendments to Condition #8 to the Conditional Use Permit for the Castillo Home Occupation 15 for a Mobile Tire Repair business is NOT in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 5. That for the above stated and other reasons the proposed Amendments to Condition #4, #5, #6, #7, #13 and #14 to the Conditional Use Permit for the Castillo Home Occupation for a Mobile Tire Repair business are in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 6. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 7. That the proposed amendments to Condition ite and #g have NOT adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended. �k►3 ;#x,11414-7, #14/ 8. That the proposed amendment to Condition #4'and #13 have adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended. Conditions of Approval 1. The title of the Conditional Use Permit shall be changed from a Home Occupation for a Mobile Tire Repair Service to a Conditional Use Permit for Tire Repair, Service and Sales. 2. Condition #4 of Resolution 2007-05 was originally approved as follows: Hours of operation for the following equipment will be restricted to 9:00 a.m. to 5 p.m., Monday through Friday, and 9 a.m. to 12 p.m. Saturday. Operation of this machinery on Sundays will not be allowed. 1) Tire balancing machine 2) A machine to remove tires from the rim 3) Compressor and impact wrenches This Condition #4 shall be modified to: Hours of operation for the following equipment will be restricted to 7:00 a.m. to 6 p.m., Monday through Friday, and 7 a.m. to 5 p.m. Saturday. Operation of this machinery on Sundays will not be allowed. 16 1) Tire balancing machine 2) A machine to remove tires from the rim 3) Compressor and impact wrenches 4) Vehicle lift 3. Condition #5 of Resolution 2007-05 was originally approved as follows: Garage doors shall remain closed at all times. This Condition #5 shall be modified to: Garage doors shall remain closed at all times with exception to bringing vehicles in and out of the garage. 4. Condition #6 of Resolution 2007-05 was originally approved as follows: On-site Customer vehicle repair is prohibited. This Condition #6 shall be modified to: The repair of all customer vehicles, tires and equipment shall be conducted within a building. 5. Condition #7 of Resolution 2007-05 was originally approved as follows: All operations of the home occupation must be conducted within the dwelling or accessory building (proposed garage), including the storage of tires and equipment. This Condition #7 shall be modified to: All operations of the home occupation must be conducted within the dwelling or accessory building (garage), excluding the storage of tires which, if not stored within a building, must be stored under cover behind the garage and dwelling. All equipment must be stored within a building. Customer vehicles may only be parked in the driveway to the garage or within the garage. 6. Condition #8 of Resolution 2007-05 was originally approved as follows: No signs advertising the home occupation may be placed anywhere on the subject property. This Condition #8 shall be modified to: (maintain original intent, but change verbiage to match LUDC Section 7-702(G)) 17 There shall be no signs advertising the Home Office / Business. 7. Condition #13 of Resolution 2007-05 was originally approved as follows: Deliveries shall be limited to once per week, and may only be conducted between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. This Condition #8 shall be modified to: Deliveries may only be conducted between the hours of 7:00 a.m. to 6 p.m., Monday through Friday, and 7 a.m. to 5 p.m. Saturday. 8. Condition #14 of Resolution 2007-05 was originally approved as follows: Walk in service shall be prohibited. This Condition shall be deleted. 9. The following condition shall be added: Customer vehicles onsite at any one time shall be limited to three (3) and must be parked either within the garage or on the driveway to the garage. The parking of customer vehicles on Apple Drive shall be prohibited. 18