HomeMy WebLinkAboutZ-5088 Staff AnalysisNovember 1, 1988
Item No. 17 - Z-5088
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Larry and Peggy Houser
Larry Houser
8801 Fairhaven Road
Special Use Permit for a daycare
family home
Daycare family home and single
family
0.27 acres
Single family
SURROUNDING LAN._USE AND ZONING:
North
- Single
family,
Zoned
"R-2"
South
- Single
family,
Zoned
"R-2"
East
- Public
school,
Zoned
"R-2"
West
- Single
family,
Zoned
"R-2"
STAFF ANALYSIS:
This issue is before the Commission as the result of an
enforcement action by the City and the request is to grant a
Special Use Permit for a daycare family home. The Zoning
Ordinance defines a daycare family home as:
Any facility which provides family -like childcare in
the caregiver's own family residence in accordance with
provision of licensing procedures established by the
State of Arkansas and which serves no more than ten
children including the caregiver's own children. Said
facility must obtain a Special Use Permit in all zoning
districts where daycare centers are not allowed by
right.
The Planning Commission sha..11 have final authority over a
Special Use Permit except that appeals from the action of
the Planning Commission may be filed with the Little Rock
Board of Directors. No development criteria are listed for
a daycare family home in the Zoning Ordinance.
The lot is part of an established subdivision, Pennbrook,
and by being on a corner lot, only abuts two other lots.
Across John Barrow Road is Henderson Junior High and at the
November 1, 1988
Item No. 17 - Z-50.$8
intersection of West Markham and John Barrow Road there is
some 11C-3" land. All the lots within the Pennbrook Addition
are occupied by single family residences. (The Pennbrook
Bill of Assurance states "no lot shall be used except for
residential purposes.")
Staff's position is that a daycare family home is a
relatively unobtrusive use and supports the necessary
Special Use Permit. Being situated at the entrance to the
neighborhood should reduce the potential for any impact on
the residences in the area. Traffic should not be a major
problem because of the number of children allowed in a
daycare family home. There is adequate yard area and a
driveway that can be utilized as the drop off and pick up
point.
In addition to the City's approval, the owner will also have
to be licensed by the State Social Services and meet all
their requirements. Usually, because of the space
limitations and other factors, the most children the State
permits is six or seven in similar situations. Five
children or less would be considered baby sitting and not
require any type of approval by the City.
A petition with ninety-five (95) signatures opposed to the
daycare operation has been submitted to the Staff. It will
be presented to the Planning Commission at the Public
Hearing.
STAFF RECOMMENDATION:
Staff recommends approval of the Special Use Permit for 8801
Fairhaven Road.
PLANNING COMMISSION ACTION: (November 1, 1988)
The applicant, Peggy Houser, was present. There were two
objectors in attendance. Mrs. Houser said that the special
use permit was for ten children or less and she could
probably only keep seven children because of State
regulations.
Floyd Miller, a resident across Fairhaven, objected to the
request and said the lot was not a good location for a
daycare operation. Mr. Miller also said he was opposed to a
business being in the neighborhood and presented additional
November I, 1988
Item No. 17 - Z-5088
signatures against the special use permit. The petition
that was submitted prior to the hearing was read and several
comments were made. A neighbor directly to the west of the
Houser's lot spoke in support of the requested special use
permit. A motion was then made to approve the special use
permit as filed for the daycare family home. The motion
passed by a vote of 6 ayes, 3 noes and 2 absent.