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HomeMy WebLinkAbout2nd 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, PA; Barber Law Firm, PLLC Address: 3708 Garrison Road Legal Description: On file Zoned: R-2 (Single-Family District) Variance(s) Requested: An appeal of the City's denial of a Business License for Home Occupation Accessory Use. Justification: The applicant’s justification is presented in 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: Rezoning Application and Appeal - 3708 Garrison Road is located within the city’s extra-territorial jurisdiction (ETJ), outside the City limit, and is zoned R-2 Single-Family district. The property has been the residence of the Goodwin family for approximately 25 years. The Goodwins have advertised and rented portions of the property (residence and grounds) for weddings, charitable functions, and a variety of similar events. Initiated by a complaint from a nearby resident, in October 2019 a zoning violation notice was issued to the subject owners stating operation of an event center is not allowed on property zoned R-2. The owners subsequently communicated extensively with City staff in hopes of resolving the violation. May 20, 2021 ITEM NO. 2 Z-9500-A 2 In April 2020 the applicant filed an application to Little Rock Planning Commission to approve rezoning of the property from R-2 to Planned Commercial Development (PCD). Approval of PCD zoning would allow “events” or “events center” as an accessory use at the Goodwin residence. However, the request was denied by the Planning Commission by a vote of 4 ayes, 5 nays and 2 absent. The applicant then filed an appeal of the Planning Commission denial of rezoning to the Little Rock Board of Directors. In December 2020, the Board denied said appeal by a vote of 4 ayes, 3 nays, 2 absent and 1 present (6 “aye” votes are required for approval.) Later in December 2020, the Goodwins filed an appeal of the Board of Directors denial of rezoning with the Pulaski County Circuit Court. That appeal is pending hearing by said Court and is not relevant to this Business License application appeal to the Board of Adjustment. Business License Application and Appeal – Following denial of rezoning by the Planning Commission and Board of Directors, in March 2021 the applicant applied for a business license as a “Home Occupation Accessory Use.” Per Section 36-253(b)(6)(d), Planning and Development Department is the authorizing agency for granting or denying and accessory use permit, and the permit application was denied by Planning and Development Department on the following grounds (staff response in italics.) Sec. 36-253(b)(6)a. Home occupations shall be permitted that will not: 2. Generate traffic, parking, sewage or water use in excess of what is normal in the residential neighborhood. Event activity at 3708 Garrison Road generates excessive traffic and associated parking in the neighborhood, and sewage and water usage will exceed normal residential neighborhood use during events. 3. Create a hazard to persons or property, result in electric interference or become a nuisance. Complaints from adjacent and nearby residents indicate events and/or directly associated activities are perceived as a nuisance. 7. 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. Although square footage of floor area has not been disclosed by the applicant, event activities are virtually certain to occupy more than 500 square feet. Note: the above criteria in Sec. 36-253(b)(6)a. must be met in order for City staff to grant a business license. May 20, 2021 ITEM NO. 2 Z-9500-A 3 In a March 16, 2021 cover letter accompanying this [subject] appeal of the Planning and Development Department denial of the Home Occupation Accessory Use business license, the applicant states: “The Goodwins believe that due to the factors listed 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 that the City has stated the property is in the ETJ, and other factors support granting the Goodwins’ Applications for a Business License and Home Occupation Accessory Use.” Staff responds as follows: In accordance with the City Code, “remoteness” is not a factor for consideration in the context of Sec. 36-253, and while the subject site is relatively far from other more urbanized neighborhoods, the site is not remote relative to adjacent and nearby affected neighbors. The “rural nature” of the neighborhood is not a factor in the context of Sec. 36-253, although it may be argued its rural nature is precisely why a business permit to operate an event center in this neighborhood is inappropriate. The “enormous size” of the property is not a factor for consideration in the context of Sec. 36-253, although staff notes the subject development and parking area lies within 100 feet of the property boundary, near to adjacent properties to the east. As stated in the applicant’s letter, the property lies within the Extraterritorial Jurisdiction (ETJ,) over which the City of Little exercises land use and zoning regulation authority, pursuant to Ordinance No. 15,814 (establishing zoning districts within three miles of the corporate limits of Little Rock) and Resolution No. 8,170 (whereas the City has authority to zone property, and have orderly and compatible growth within 3 miles of the City Limits.) The Board of Adjustment is asked to determine if Staff’s denial of a Business License application for Home Occupation Accessory Use is appropriate pursuant to Section 36-253(b)(6)a of the Little Rock Code of Ordinances.