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Home My WebLink About1st Draft AppealMay 20, 2021 ITEM NO. 2 Z-9500-A 1 File No.: Z-9500-A Owner: Gary S. & Andrea R. Goodwin Applicant: Andrew V. Francis, P.A., Barber Law Firm PLLC Address: 3708 Garrison Road, Description: PT W1/2 NE SECT 25-2N-15 MPDA COM NE COR SW NE SECT 25 TH S00*39'33"E AL ELN SD SW NE 229.80' S89*37'24"W 59.65' TO PT CLN GRAVEL RD TH AL CLN SD RD AL CRV RGT RAD 75.99' ARC 120.25' CHORD BEARING S24*57'03"W 108.09' S61*12'44"W170.68' TH AL CRV LFT RAD 134.62' ARC 84.99' CHORD BEARING S43*10'55"W83.20' S31*10'46"W231.99' S32*34'02"W36.61' S32*44'06"W62.36' N40*31'00"W963.82' TH AL DIRT/GRAVEL RD N12*58'16"E 299.17' N43*42'22"E55.57' N47*26'17"E116.66' N41*09'55"E91.83' N36*38'12"E84.56' N24*01'11"E88.87' N31*15'14"E212.53' S56*22'32"E 106.25' S49*06'20"E73.55' S48*40'37"E85.99' S24*47'24"E106.05' S18*27'47"E47.19' S32*03'08"E14.79' N62*20'14"E73.97' N71*56'01"E117.36' TH AL CRV LFT RAD 221.32' ARC 206.48' CHORD BEARING N42*54'05"E 199.07' N12*00'17"E89.93' N00*55'43"W49.66' TH AL CRV LFT RAD 65.17' ARC 51.44' CHORD BEARING N12*24'48"W TH N37*09'29"W97.27' N51*08'42"W42.70' TH AL CRV RGT RAD 15.55' ARC 44.00' CHORD BEARING N44*30'39"E30.72' S61*16'58"E41.16' S66*08'53"E89.65' TO PT ELN NW NE TH S01*00'46"E AL SD ELN 946.47' TO POB AND PT NE NE SECT 25-2N-15 MPDA COM NW COR NE NE TH S01*00'48"E AL WLN NE NE 359.17' TO POB TH S58*07'20"E235.16' S63*18'55"W AL SD SLN 58.63' N58*06'14"W172.26' TO WLN NE NE TH N01*00'48"W AL SD WLN 59.51' TO POB AND PT NE NE SECT 25-2N-15 MPDA COM NW COR NE NE TH S01*00'48"E AL WLN NE NE 359.17' TH S58*07'20"E235.16' TO POB TH N63*09'45"E AL SD SLN 520.98' TO CLN GARRISON RD (50' R/W) TH S43*13'23"E AL SD CLN 31.32' S63*12'15"W570.31' N58*10'05"W34.87' N63*18'55"E AL SD SLN 58.63' TO POB Zoned: R-2 (Single-Family District) Variance(s) Requested: An appeal is requested of the City's denial for a Business License and Home Occupation Accessory Use Application. May 20, 2021 ITEM NO. 2 Z-9500-A 2 Justification: The applicant’s justification is presented as per the attached letter dated March 16, 2021. STAFF REPORT A. Planning and Development Civil Engineering: No Comments. B. Landscape and Buffers: No Comments. C. Building Codes: No Comments. D. Staff Analysis: The subject property occupying 3708 Garrison Road is located within the city’s extra- territorial jurisdiction (ETJ) and is zoned R-2, Single-Family district. The property has been the residence of the Goodwin family for approximately 25 years. For several recent years they have allowed a portion of their home and property to be used to host charitable events and weddings on a limited basis. A zoning violation notice sent to the applicants in October 2019 made them aware that the operation of an event center was not allowed on a property zoned R-2. The owners worked with various representatives of the City of Little Rock in an earnest attempt to address the notice. In September of 2020 the Little Rock Planning Commission was petitioned to have the property rezoned from R-2 to Planned Commercial Development (PCD). This request would allow the applicants home to comply with the ordinance and allow limited events as an accessory use of their property. This request was supported by Staff but ultimately denied by the Planning Commission. The applicant filed an appeal of the Planning Commission’s denial of the Application to the Little Rock Board of Directors. On December 1, 2020, the Board heard the appeal of the Application from the Little Rock Planning Commission. The Board’s vote was 4 ayes, 3 nays, two absent, and one “present” vote. Because the Application did not obtain 6 votes in its favor, the Application was deemed denied. The applicant has now filed an appeal of the Board of Directors decision with the Pulaski County Circuit Court, and that appeal is now pending. May 20, 2021 ITEM NO. 2 Z-9500-A 3 An additional solution to this issue would be to apply for a Business License and Home Occupation Accessory Use Application. Section 36-253(b)(6)(d). states any proposed home occupation that is neither specifically permitted, nor specifically prohibited, shall require an accessory use permit. This can be granted or denied by the Department of Planning and Development. Any appeals from the administrative judgement of the department shall be filed with the Board of Adjustment. As an alternative to resolving these issues in court, the Goodwin’s filed an Application for Business License and a Home Occupation Accessory Use Application. The attached application dated March 03, 2021 also included a set of conditions that the Goodwin’s would comply with during any charitable function or wedding. The Planning Department Staff met with the Goodwin’s and reviewed their applications on March 12, 2021. The application was denied based on the following. Staff stated that in accordance with Section 36-253(b)(6) Home occupations shall not: • Generate traffic, parking, sewage, or water use in excess of what is normal in the residential neighborhood. Staff determined scheduled events will generate traffic and utility usage more than what is normal in a residential neighborhood. • Create a hazard to persons or property, result in electric interference or become a nuisance. Staff determined scheduled events could be recognized as a nuisance to property owners in close proximity to the subject property. Staff also stated that in accordance with Section 36-253(b)(6) Home occupations shall be: • Limited to five hundred (500) square feet in area, but in no case more than forty-nine (49) percent of the floor area in a dwelling. Staff determined that scheduled events could exceed the five hundred (500) square feet area limit. The Goodwin’s are filing with the Board of Adjustment as an appeal of staff’s decision to deny the Application for Business License and Home Occupation Accessory Use Application. The Goodwin’s believe that the factors presented above, including but not limited to the remote location of their property, the enormous size of the property, the rural nature of the Ferndale neighborhood, the fact the City has stated the property is in the ETJ, and other factors support granting the Goodwin’s’ Applications for a Business License and Home Occupation Accessory Use. The May 20, 2021 ITEM NO. 2 Z-9500-A 4 Goodwin’s respectfully request that the Board of Adjustment reverse the decision of Staff denying the Business License Application and Home Occupation Accessory Use Application and grant the application. The Board of Adjustment is asked to determine whether Staff’s denial of the Business License / Home Occupation Application was appropriate regarding Staff’s interpretation and implementation of the City’s Zoning Ordinance, specially Section 36-253(b)(6).