HomeMy WebLinkAboutZ-4761 Staff AnalysisNovember 25, 1986
Item No. 7 - Z-4761
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Donald Adams
Manuel Picado
4916 Lee Avenue
Special Use Permit/10 Children
or Less
Day -Care Family Home
0.15 acres
Single Family and Day -Care
SURROUNDING LAND USE AND ZONING:
North
- Single
Family,
Zoned
"R-2"
South
- Single
Family,
Zoned
"R-2"
East
- Single
Family,
Zoned
"R-2"
West
- Single
Family,
Zoned
"R-2"
STAFF ANALYSIS:
This application was filed as the result of an enforcement
action by the City, and the request is to grant a special
use permit for a day-care family home. The Zoning Ordinance
defines a day-care family home as:
Any facility which provides family like child care in the
care giver's own family residence in accordance with the
provisions of licensing procedures established by the
State of Arkansas and which serves no more than 10
children including the care giver's own children.
The occupants of 4916 Lee Avenue have been operating such a
facility for a number of years without benefit of any review
and apparent problems. In September of this year, a written
complaint was made to the City, and the household was
instructed to file for a special use permit. The letter
makes mention of "yelling, whistling and throwing play
things," typical children type activities.
The special use permit process was incorporated into the
Zoning Ordinance to:
Provide a method of control over certain types of land
uses which while not requiring the full review process of
the conditional use permits do require some review
procedure which allows for determination of their
appropriateness within the neighborhood for which they
are proposed and for public comment.
November 251 1986
Item No. 7 - Continued
Also, the Planning Commission shall have the final authority
for special use permits except appeals may be filed with the
Board of Directors.
After carefully reviewing the application, staff feels that
a day-care family home is appropriate for the location and
supports the granting of the necessary permit. The use
appears to have not created any major problems for the
neighborhood, except for one individual. Other uses, such
as a major church facility, have more of an impact on the
immediate area.
The residence is large enough to accommodate 10 children or
less and there is ample yard area to provide the needed open
space. A major concern usually associated with these types
of uses is an adequate drop off location. The lot in
question has a paved driveway off Lee Avenue and a good
alley to the rear so there are two potential drop off
points. Staff does recommend that the alley become the
primary drop off area because Lee Avenue does carry a heavy
traffic flow at various times during the day.
STAFF RECOMMENDATION:
Staff recommends that a special use permit be granted for
4916 Lee Avenue.
PLANNING COMMISSION ACTION:
The applicant was present. There were no objectors. A
motion was made to grant the special use permit with the
condition that Lee Avenue not be used as a drop off or
pickup point. The motion was approved by a vote of 9 ayes,
0 noes, and 2 absent.