Planning commission denies home-occupation exception for backyard flower farm, refers appeal to city council

The Gunnison City Planning and Zoning Commission on March 26 voted to deny a request by Ashley Sanderson to treat her backyard operation, Ashley's Flower Farm, as a home-occupation exempt from the city's business-license requirement and forwarded the matter to the City Council for possible exemption on appeal.

The denial stems from the city's land-use rules, which — as explained by City Manager Dennis Marker during the meeting — require that certain exceptions to business-license requirements be granted by City Council on appeal. Marker told the commission the municipal code allows the council to waive licensing where, in the council's opinion, a business qualifies as an agricultural enterprise producing commodities for sale on the premises.

Sanderson told the commission she began selling bouquets in 2020 and formalized the business this year. She said the operation uses roughly one-quarter acre of backyard space and grows cut flowers (dahlias, zinnias, cosmos, other annuals) for direct sales, subscriptions and to supply local florists. "We're just here to talk about getting a business license and what all that looks like," Sanderson said. She described seasonal production and said she and a family member are working on a high tunnel and a greenhouse to extend the growing season.

Commission discussion focused on the limits of the commission's authority under the land-use code. Marker advised commissioners that, under current code language, the commission cannot grant the requested exception; instead the commission must deny the application so the applicant can appeal to City Council, which may then choose to waive the license requirement. Marker summarized the relevant provision as permitting the City Council, "upon appeal," to waive the license requirement where a proposal is an agricultural enterprise producing commodities for sale on the premises.

The commission moved, seconded and voted by voice to deny the request and forward it to the City Council for consideration. A date for City Council consideration was discussed; Marker said it could appear on the April 9 council agenda.

The commission also raised questions about the scope of the municipal exception and whether sales where a florist picks up buckets at the applicant's property, or sales at a farmers market, would qualify. Marker advised that the language could be read either way and recommended the commission consider a code review to clarify the home-occupation and license-exception standards.

If Sanderson appeals and the council chooses to grant an exception, the council would be the final authority to waive the business-license requirement. The planning commission's action on March 26 was limited to the denial required by the city's land-use procedures.