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Cody planning board approves conditional-use permit for commercial kitchen at 108 Spirit Mountain Drive
Summary
The City of Cody Planning, Zoning and Adjustment Board approved a conditional-use permit for Michael and Kathleen Howard to build a commercial kitchen as a small-scale home occupation at 108 Spirit Mountain Drive, after staff reported no objections and board members discussed utilities, setbacks and occupancy limits.
The City of Cody Planning, Zoning and Adjustment Board on June 19 approved a conditional-use permit allowing Michael and Kathleen Howard to construct and operate a commercial kitchen as a small-scale home occupation at 108 Spirit Mountain Drive.
Planning staff presented the application, saying the property is 1.03 acres and that the proposed addition would maintain the existing setbacks and approximately a 40-foot setback from the southern property line. "Planning staff does not oppose the requested conditional use," Community Development Director DeFanda Dye said during the hearing.
The board heard that the home-occupation rules require that the business be accessory to the residence, that work and storage occur within the residence or attached garage, and that the home-occupation area not exceed 500 square feet. Staff noted the proposed addition is to a detached garage but is under 500 square feet and would remain suitable for residential use if the home occupation ceased.
Board members asked how many adjacent property owners were notified and how many responses were received; staff said 27 property owners within 300 feet were mailed notice and seven responses were included in the packet. Board questions also covered utilities and septic: staff said sewer/septic permitting is handled by Park County and that the building official would review the commercial kitchen; because the kitchen will be used only by the property owners, the building official does not require an on-site restroom tied specifically to the detached addition.
A motion to approve the conditional-use permit was made by Ian and seconded by Dan; the board voted in favor and the motion passed. The record shows no written protests were received that would move the decision to the governing body.
The conditional-use permit must be acted on in accordance with the city code provisions referenced during the hearing, including the small-scale home occupation standards and the general conditional-use review criteria. Staff noted the permit must commence within two years of approval if associated with building construction and that the board may attach conditions to ensure compliance with code provisions; in this case staff did not recommend conditions and the board approved without additional conditions.
The board moved on to other business after approving the permit.
