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Z-8681 Staff AnalysisJULY 25, 2011 ITEM NO.: 7 File No.: Z-8681 Business Owner: Stephen Norman, d/b/a Adam and Eve Applicant: Michael Shannon, Quattlebaum, Grooms, Tull & Burrow Address: 1510 S. University Avenue Description: West side of University Avenue, south of W. 12th Street Zoned: C-3 Variance Requested: An administrative appeal is requested, appealing the City's classification of a proposed business as a sexually oriented business. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial — Adam and Eve Store STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: Stephen Norman recently submitted a business license application for a business called "Adam and Eve" to be located at 1510 S. University Avenue. The property is zoned C-3 and located on the west side of S. University Avenue, south of W. 12th Street. On July 1, 2011, the City of Little Rock denied the business license. The City determined that "Adam and Eve" is a sexually oriented business, as defined by Section 17-212 of the Code. The business license was denied based on the fact that the property at 1510 S. University is located within 750 feet from single family residential property and possibly a church. Section 17-214 prohibits a sexually oriented business from locating within 750 feet from certain uses. A copy of Chapter 17, Article VII, regulation of Sexually Oriented Businesses, is provided as a separate packet for Board review. The City Attorney will be present at the Board of Adjustment public hearing to present the City's interpretation and reasons for classifying "Adam and Eve" as a sexually oriented business. The applicant is appealing the City's classification of "Adam and Eve" as a sexually oriented business. The applicant contends that the business should not be classified as a sexually oriented business as defined by Chapter 17 of the Code. JULY 25, 2011 ITEM NO.: 7 (CON'T. The applicant's letter requesting appeal is attached. Other supporting documents submitted by the applicant are provided as a separate packet for Board review. The Board of Adjustment is asked to determine if the City's classification of "Adam and Eve" as a sexually oriented business is a correct interpretation of the Code. • There are no maps/graphics associated with this item. BOARD OF ADJUSTMENT: (JULY 25, 2011) Michael Shannon was present, representing the application. There were no objectors present. Jeff Yates explained that it was his opinion that the issue at hand (definition of a sexually oriented business) was not within the jurisdiction of the Board of Adjustment, based on the fact it was an issue involving Chapter 17 of the Code and not Chapter 36. Michael Shannon addressed the Board, representing the appeal application. He explained that he thought the Board of Adjustment had the authority to deal with the issue because it had to do with a decision made by a member of the Planning Staff. Debra Weldon, City Attorney, explained that the issue at hand was a zoning issue, but not an issue from Chapter 36 of the Code, the chapter the Board of Adjustment is authorized to administer. Mr. Shannon noted that the Board's authority to only deal with Chapter 36 was too narrow. He explained that he was trying to exhaust all administrative remedies. Mr. Yates explained that the ordinance was very specific in granting authority to the Board of Adjustment. This issue was briefly discussed. There was a motion to dismiss the appeal application, due to lack of jurisdiction by the Board of Adjustment. The motion passed by a vote of 3 ayes, 2 nays and 0 absent. The application was dismissed.