Loading...
HomeMy WebLinkAboutZ-9500-A - Appeal 4th Draft GJC EditMay 20, 2021 ITEM NO. 2 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 Deveio meet Civil Engineering: No Comments. B. Landscape and Buffers; No Comments. C. Buildinq Codes. No Comments. D. Staff Analysis: Rezoning Application and Appeal - 3708 Garrison Road, aka Goodwin Manor, lies within the City of Little Rock 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 advertise and rent/lease the property (indoor and outdoor portions of the residence and grounds) for weddings, charitable functions, and similar events. Initiated via complaint by.a_nearby-resident; in October 2019 the City issued a Zoning Violation Notice, stating operation of an event center is not allowed in the R-2 zoning district. The owners subsequently communicated extensively with City staff in hopes of resolving the violation. While the owners objected to a "commercial" designation, staff then knew, and presently knows, of no alternative to commercial usage, because Goodwin Manor operations includes the following: - Advertising in a variety of publications and host sites, including own website. - Advertised rental of the venue. - Stock in trade including advertised round tables, rectangle tables, chairs and linens. (On -site or off -site source, type and quantity of equipment is presently unknown.) 1 May 20, 2021 ITEM NO. 2 Z- - Musicians, bands and/or DJs for ceremonies, receptions, and parties. - Food service personnel including caterers, servers and bussers. - Other vendors including photographers, florists, bridal consultants, etc. - Associated assembly, breakdown, equipment and facility maintenance personnel. - Equipment haulers, trash disposal, etc. - Security provided on -site. - Associated vehicles and parking. In April 2020 the applicant filed an application to Little Rock Planning Commission for 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 i�ember 2020, the Goodwins filed an app_eal_of fhe -Boat-of Directors denial of rezoningwith--thee-P-ulaskc -County---Circuit Court. That appeal is pending hearing by said__Cou-Landis not relevar>t-to this -Business License application appeal to the -Board of Adjustment. Business License Application Denial 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 (additional staff comments 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 has proven to generate excessive traffic in the neighborhood, and sewage and water usage will �t y- exceed normal residential neighborhood use during events. As-�eneed­in 16 property will accommodate 200 guests; site plans submitted by the applicant portray delineated parking for approximately 80 vehicles. 3. Create a hazard to persons or property, result in electric interference or become a nuisance. Numerous complaints from adjacent and -nearby- residents indicate events and/or directly associated activities are perceived as a nuisance. 2 May 20, 2021 ITEM NO. 2 Z-9500-A 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 floor area square footage used for events has not been plainly disclosed by the applicant, event activities are vidually certain to occupy more than the 500 square feet maximum allowable by Code. For example, the owners' February 3, 2020 letter to staff states, "Five or fewer rooms of our home are utilized..." In order for the allowable 500 square -foot area to be adhered to, these five rooms would have to average 10' x 10' each — which, separately or in total, would not accommodate 200 guests and/or 80+ automobiles expressed by the owners. In addition, space for office/administration of the operation, dressing rooms for bride, groom, wedding party and family, equipment and material storage, food preparation, etc. is likely to occupy more than the 500 square feet allowed by Code (500 s.f. = less than 23' x 23'.) Also, the Goodwins' September 4, 2020 letter to neighbors states, "No additional permanent structures are allowed other than the single [40' x 80'] proposed outbuilding shown on the site plan..." Said 3,200 s.f. outbuilding itself would be greater than eight times the square footage allowed by Code for a Home Occupation Accessory Use. Finally, the March 2, 2021 Application for Business License submitted by the owner states, "Floor Area Used: Typically, no more than 3 rooms of the home, totaling less than 25% of the floor area of the home." ...25% of the Goodwin Manor floor area is roughly 3,500 square feet of the 14,102 total square -foot structure, and is therefore not supportable as a Home Occupation Accessory Use. Note: the above criteria in Sec. 36-253(b)(6)a. must be met in order for City staff to grant a business license. 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 hereby 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. 3 May 20, 2021 ITFM NO 9 Z-9500-A The "rural nature" of the neighborhood is not a factor in the context of Sec. 36-253,.e�ot�gi'ri#may-�-a�'�a��' -�►+�bi����, permit-t -event-Ben is- neighborhood4S4napprepr1ate�. The "enormous size" of the property is not a factor for consideration within 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.z-one-property-,-and have orderly -and compattlegrowthwithin3 miles-of-the-C-ity-Limits..)— Additional Notes (staff responses in italics) - Commercial Use The October 16, 2001 Declaration of Covenants and Restrictions recorded-by�the Goodwin= wit"e subdivision of Goddwin Estates states, "No:, business or commercial use shall be carried on or permitted in'any structure or in, any portion "of this addition. This includes but is not limited to, the leasing_9J-ariy portion of any structure on the Propb{ty. In addition, no noxious or offensive trade or activity shall I e carried on upon an�ot, nor sh��I1 anything be done thereon which may be or /become a nuisance to the neighbdrhood." The Goodwjps' September 4, 2020 letter to neighbors states, "We certainty don't agree with any designation of our home as commercial. We have tried,to seek,,an alternate approval for a home occupation permit or a variance which would riot require rezoning, but the City has...insisted this rezoning is the only way/to obtain their approval"... "However, it seems there is no other wording the.City,,c�'an come up with to allow us to share oUr--home and grounds with others." The April 2, 2020 PZD application submitted by the owners states, "Desired Use of Property. Single Family Residence and part time wedding/event rental." As evidenced by the content of this report and based upon ample information and applications submitted by the owners, Goodwin Manor operates, and proposes to operate, as a commercial use and business. Frequency of Events The Goodwins' February 3, 2020 cover letter states, "...we allow a limited number of weddings to be hosted at our home, usually no more than 15-20 times a year." The Goodwins' March 2, 2021 Application for Business License states, "Number of events: Not to exceed twenty-four (24) events per year, so events will occur a maximum of 24 days out of a 365 day year." 4 May 20, 2021 ITEM NO. 2 Z-9500-A The "Facts" portion of the applicant's March_ 1 G,-..2021 cover lett or e past several years, the Goodwins-have occasionally used a small portion of their• property -to hos-t charitable events and weddings, -averaging two per month with the total number of events having never exceeded more than 27 events in-e-single_y-ear. Based -on the above statements, allowing one day for set-up, one day for event run- throughs and rehearsal dinners, one day for an event itself, and one day to break- down, -event related activities will occur at Goodwin Manor between 60 and r year. ADA Compliance, A lllarch 13, 2020 email from the owner to staff states, "...for the life of me have no idea how we will get past the commercial event center and make our mountain top ADA accessible." The owners' September 4, 2020 letter to neighbors states, "ADA standards forparking, access and restrooms will be followed." Federal ADA Guidelines would not be necessary if the subject property were not an event facility or other `such business open for consumer or related use (customers and guests of customers.). Relative Location The Goodwins' February 3, 2020 cover letter states, "The tract which Goodwin Manor sits on, is in the middle of the 80 total acres, which is owned by our family." Per the attached site plan, it is apparent the parking lot is generally adjacent to (within 100 feet of) off -site properties to the east. Access Access to Goodwin manor is via an existing 1,600-foot drive from Garrison Road to the north, and via a 1,100-foot drive to the south. These drives are not constructed to public street standards and are suited to low - volume private residential use, shared by area residents. While the Goodwins have stated they will widen, pave and illuminate these roadways "if their application is approved," doing so would impact area residents by creating a formal thoroughfare for approaching and departing Goodwin Manor attendees. Prospective off -site street lighting (for what is essentially a private drive) would be out of character with the surrounding neighborhood. The Board of Adjustment is asked to determine if Staffs 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. Gl