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HomeMy WebLinkAboutPC Action Letter - Denied As Submitted 031622Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 March 11, 2022 Michael Pugh 14212 Chesney Court Little Rock, AR 72211 Re: File No. Z-9664 Pugh Bed and Breakfast — Conditional Use Permit; located at 14212 Chesney Court Dear Mr. Pugh: Planning Development Building Codes This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on March 10, 2022: X Approved with conditions. Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to the Other: Meeting. If you have any questions please do not hesitate to contact me at 371-4792. Respectfully, on&eoore Development Administrator March 10, 2022 ITEM ND.: 2 FILE NO.: 7-9fifi4 NAME: Pugh Bed and Breakfast— Special Use Permit LOCATION: 14212 Chesnay Court DEVELOPER: Michael Pugh 14212 Chesnay Court Little Rock, AR 72211 OWNER/AUTHORIZED AGENT: Michael Pugh — Owner/Applicant SURVEYOR/ENGINEER: N/A AREA: 0.37 acre WARD: 5 CURRENT ZONING VARIANCEMAIVERS: NUMBER OF LOTS: 1 PLANNING DISTRICT' 19 R-2 None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: 0 LF CENSUS TRACT: 42.23 The applicant proposes to use the single-family residence at 14212 Chesnay Court as a Bed and Breakfast. The property owner will reside in the residence and utilize no more than five (5) bedrooms as rental units. B. EXISTING CONDITIONS: The property contains an existing two-story 2,902 square foot single family residence located within the St. Charles Addition. Access to the residence takes place from an existing concrete driveway containing two access points along Chesnay Court. Single-family residences exist in all directions for a minimum of a half mile of the proposed site. March 10, 2022 ITEM NO.: 2 Cont. FILE NO.: 7-9664 C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Author" No comments received. Enter : No comments received. CenterPoint Enema: No comments received. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No comments received. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Buildin Code: No comments received. Landscape: No comment. G. TRANSPORTATIONIPLANNING: Rock Re ion Metro: No comments received. Planning_ Division: No comments received. H. ANALYSIS: The applicant, Michael Pugh, proposes to use the single-family residence at 14212 Chesnay Court as an owner occupied bed and breakfast. 2 March 10, 2022 ITEM NO.. 2 Cont. FILE NO.: Z-9664 The applicant provided the following information regarding the proposed bed and breakfast use of the property: 1. Maximum length of stay —fourteen (14) days. 2. Owner will be present in the dwelling. 3. Number of rooms to be rented — up to five (5) bedrooms. 4. Maximum number of occupants per room — two (2). 5. No meals will be provided. The existing concrete driveway contains two access points along Chesnay Court and will allow for parking of several vehicles. The applicant notes that parking will be provided for four (4) guest vehicles and one (1) for the owner located at the front of the residence. The applicant notes additional parking is provided in the two -car garage located at the front of the residence. The proposed use of the property conforms to the following sections of the City Zoning Ordinance as adopted by the Board of Directors on September 6, 2005. Section 36-54 (e) (1) (a-d) of the City's Zoning Ordinance provides the following provisions for Bed and Breakfast Hotels: 1. The occupancy fee may include a continental breakfast (coffee, juice, and pastry) to be served to paying guests with no full meals. 2. The owner must provide one (1) paved off-street parking space per guest room and one (1) additional for the residence use. 3. Allowable signage is that permitted by the single-family residential standard. 4. No receptions, private parties or tours for a fee are allowed. Section 36-3 Same — Uses Bed and Breakfast house means an owner -occupied single- family residence which contains not more than five (5) guest rooms which for a fee may be occupied by a guest for no longer than fourteen (14) consecutive days. This activity must obtain a special use permit in the permitted districts of R-1, R-2, and R-3 single family and R-4 two family districts. Staff does not support the requested Special Use Permit (SUP) to allow a Bed and Breakfast at 14212 Chesnay Court. The residence is located in the center of St. Charles Subdivision which contains only single-family residences. The nearest non-residential property is located approximately 0.5 mile from the site. Staff 3 March 10, 2022 ITEM NO.: 2 Cont. FILE NO.: Z-9664 believes that the proposed occupancy, an increase in vehicular and pedestrian traffic will have an adverse impact on the area. The original Bill of Assurance for this subdivision states that no property be used for commercial purposes. STAFF RECOMMENDATION: Staff recommends denial of the requested Special Use Permit (SUP) to allow a Bed and Breakfast at 14212 Chesnay Court. PLANNING COMMISSION ACTION: (MARCH 10, 2022) The applicant was present. There were persons registered in opposition. Staff presented the item and a recommendation of denial as outlined in the "staff recommendation" above. The applicant deferred to the registered opposition. Keith Robinson addressed the Commission in opposition to the application. He expressed concerns regarding parking, traffic, noise, trash collection and access. He also expressed concerns regarding the availability of roomslguests and how the proposed use would disrupt the harmony of the neighborhood. Thomas Diaz addressed the Commission in opposition to the application. He expressed concerns regarding the residential zoning and use of the neighborhood and not supporting a business use because he did not want to take a chance on more bed and breakfast uses proliferating and changing the residential nature of the neighborhood. Mary Robinson addressed the Commission in opposition to the application. She expressed concerns regarding the potential disruption of harmony, number of available rooms, traffic, noise, parking and how this use would have an adverse impact on the neighborhood. Steve Lamb addressed the Commission in opposition to the application. He stated the subdivision was designed to be conducive to a family environment. He also expressed concerns regarding safety for pedestrians and children along the street. Suzanne Sage addressed the Commission in opposition to the application. She expressed concerns regarding the disruption of the small quiet street, traffic, parking, safety and did not support a business in the St. Charles subdivision. Brenda Carley addressed the Commission in opposition to the application. She expressed concerns similar to registered opposition. Additional concerns stated referenced how multiple vehicles would disrupt both mail delivery and trash collection along the street. 4 March 10, 2022 ITEM NC.: 2 Cont. FILE NO.: Z-9664 The applicant addressed the Commission is support of the application. He stated he lives in the residence and addressed concerns regarding parking and how many issue raised existed prior to him. He described how his neighbors own multiple vehicles that are also parked along the street. His rebuttal continued to discredit the opposition regarding the number of guests and rooms available, noise and safety concerns. The applicant shared similar concerns for children's and pedestrian's safety and stated he will be there and ensure his guests behave appropriately. The Commission addressed the applicant stating how unusual it is to see an application for a bed and breakfast in the middle of a residential neighborhood and the potential of increased use for additional residences converting to a commercial use thus disrupting the harmony and creating an adverse effect in the area. There was a motion to deny the application as recommended by staff. The motion was seconded. There was no further discussion. The vote was 0 ayes, 7 nays, 3 absent and 1 open position. The application was denied. 5