SE1114 - Paul Hargis:
Special Exception Use Permit for a Home Occupation, Namely to Allow Internet Sales of Fire Arms; West Side of Hague Court, Approximately 275' North of Clearwater Drive

Representative: Paul Hargis

Mr. DePablo reviewed the staff report. It is recommended that the Planning and Zoning Commission approve the petitioner’s request for a Special Exception Use Permit for a Home Occupation, namely to allow Internet Sales of Fire Arms, with the following performance conditions:

1. The petitioner must obtain all permits from Hernando County and meet all applicable land development regulations, for either construction or use of the property, and complete all applicable development review processes.

2. All customers going to and from the residence shall be by appointment only.

3. The petitioner shall secure and maintain all required permits and licenses from applicable state and federal agencies.

4. The resident of the home shall be the only employee, and no additional employees shall be permitted.

5. No signs shall be permitted on the premises.

6. The home occupation may utilize up to twenty-five percent (25%) of the total floor area of the dwelling for a home occupation.

7. No outside storage shall be permitted in association with the home occupation.

Paul Hargis, representing the petition, under oath, described his proposal to sell firearms from his home as a limited business operation. He stated that the clientele would be friends and referrals only, and it would be limited to one customer per day and no more than four customers per month. He submitted an eight-signature petition in support of his request.

The following people spoke under oath in opposition to the petition: Shirley Hager (submitted packet of letters), Joan Burmann, Rick Burmann, and Rita Malone. They were concerned for the safety of the neighborhood due to the type of business proposed and the internet sales, with increased traffic and deliveries impacting the neighborhood, and with the total number of clients that may be permitted per day.

Mr. Hargis clarified that the internet sales would be for accessories only, and no strangers would come to his home. There would be only one customer per day, with a total of four customers per month, he restated.

In response to Comm. Deutschle's questions, Mr. DePablo discussed the home occupation criteria from the Code of Ordinances, noting the request to allow customers to come to the home triggered the need for the special exception use permit. Mr. DePablo explained that the Federal Government licensing requires sign-off from the local jurisdiction on these types of uses, and he noted other gun-smith type home occupations have been approved by the County in the past.

Mr. Hargis answered questions posed by Comm. Widmar regarding the internet sales aspect, and he stated that he would be willing to do away that portion because of the concerns. There would be no advertising in the Yellow Pages, only by word of mouth referrals. He did not want his physical address known to the general public.

Mr. DePablo confirmed for Comm. Hammond that the other home occupation for gun repair approved by the P&Z did not allow customer pickup or drop-off, it was restricted to home deliveries only.

Comm. Scharch opined that this petition would be intrusive to the neighborhood because of increased traffic from customers and deliveries.

Comm. Widmar asked staff to review the home occupation portion of the land development regulations to address citizens’ objections to a commercial business operating in a residential neighborhood, as outlined in the letters submitted at the hearing. Mr. DePablo cited Appendix A, Article III, Section 3(L) which lists the standards for allowing limited business activities within residential, rural and agricultural-residential zoning categories. Because the petitioner wanted to allow customers to come to the home, which is prohibited in criteria #3, a special exception use permit is required, he explained.

Comm. Hammond inquired to the hours of operation and how the total number of customers would be enforced. Mr. DePablo replied that the hours would be 8:00 AM to 6:00 PM according to the applicant’s narrative; however, condition #2 restricts the customers by appointment. Enforcement would be addressed through the Code Enforcement Office responding to citizen complaints. He clarified that this request was for limited business activity.

Comm. Widmar suggested limiting the number of customers to one per day, and the hours of operation between 9:00 AM - 5:00 PM., Monday through Friday. Mr. Hargis agreed with the condition.

Motion: To approve the Special Exception Use Permit per staff recommendations with the following additional conditions:

8. The hours of operation shall be limited to 9:00 AM - 5:00 PM, Monday through Friday.

9. There shall be on more than one customer per day.