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HomeMy WebLinkAboutZ-4925 Staff AnalysisDecember 1, 1987 Item No. 12 - Z-4925 Owner: Maria G. Lafferty Applicant: Same Location: 1022 North Palm Request: Special Use Permit Purpose: Day -Care Family Home (10 children or less) Size: 0.15 acres Existing Use: Single Family 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-4" STAFF ANALYSIS: The issue is to review and grant a special use permit for a day-care family home. (This request was filed because of enforcement action by the City.) The Zoning Ordinance definition of a day-care family home is: Any facility which provides family -like child care in the care giver's own family residence in accordance with provisions of licensing procedures established by the state of Arkansas and which serves no more than ten children including the care giver's own children. Said facility must obtain a special use permit in all zoning districts where day-care centers are not allowed by right. Also, the Planning Commission shall have final authority except that appeals from the action of the Planning Commission may be filed with the Little Rock Board of Directors. The location, 1022 North Palm, is a conventional single family lot with a residential structure on it. The yards can provide an adequate open space area for the children which is necessary for a good environment and proper care. December 1, 1987 Item No. 12 - Continued Another important consideration for this type of use is the location of a drop-off point. With this lot, there appears to be two drop-off areas that are safe and remove the cars from the flow of traffic. The locations are the alley which is usable and a driveway that comes off North Palm. Staff feels that the use is appropriate for location based on the review criteria and supports the granting of the requested special use permit. Because this day-care facility is for ten children or less, there should be no significant impact on the surrounding neighborhood. STAFF RECOMMENDATION: Staff recommends approval of the special use permit for ten children or less. PLANNING COMMISSION ACTION: (12-1-87) The applicant, Maria Lafferty, was present. There were three objectors in attendance. Ms. Lafferty spoke and told the Commission that she has been keeping children for three years. She said that her first concern was the safety of the children and that she would like to fence in the back yard as soon as possible. She also said that she was caring for six children between the ages of six weeks and three years, but that she has kept as many as eight at one time. Ms. Lafferty said that the children were dropped off starting at 7:30 a.m. and picked up at various times in late afternoon. Kenny Scott, of the Zoning Enforcement staff, said that his office received a complaint on September 30, 1987, and an inspection of the house found seven children. Russell Lafferty, Sr. discussed the enforcement action and said the special use permit was applied for right after receiving the notice. Russell Lafferty, Jr. told the Commission that the necessary filing was done in a timely manner. Renee Norwood spoke in support of Ms. Lafferty who Ms. Norwood described as a good babysitter. Ms. Norwood also said that parking was not a problem. Gary Garrett, a neighbor, opposed the special use permit and made a long presentation. Mr. Garrett said that Ms. Lafferty did not have the right to operate the day-care and the neighborhood was against the use. He then submitted a letter from the neighborhood and reviewed their reasons for objecting the permit which included traffic, narrow street, no parking zone, safety and land values. Mr. Garrett also presented some graphics and said the day-care would impact the neighborhood. Nancy Raney told the Commission that she was violently against the special use permit and that it was causing too many problems for the neighborhood. Joe Madey, 1020 North Palm, also spoke in opposition to the request. December 1, 1987 Item No. 12 - Continued He said that a major concern was the safety of the children. Additional comments were offered by Kenny Scott, Gary Garrett and Maria Lafferty. A motion was made and approved to close the public hearing. A second motion was made to approve the special use permit with the following conditions: 1. Drop-off and pick up only in the alley. 2. Fence the back yard with a 6 foot privacy fence with outside activities restricted to fenced area. 3. Children only during designated hours (7 a.m. to 6 p.m.) and no more than 10 children including relatives. 4. No children for hire on weekends. 5. Other than the privacy fence, no other changes in the residential characteristics of Ms. Lafferty's house. The vote was 3 ayes, 8 noes and 0 absent. The special use permit was denied.