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HomeMy WebLinkAboutZ-5209 Staff AnalysisOctober 3, 1989 Item No. B - Z-5209 Owner: Applicant: Location: Request: Purpose: Size: Ella Holmes Same 219 East 25th Street Rezone from "R-5" to "C-1" Beauty shop and residence 0.22 acres Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Single Family, zoned "0-1" South - Office, zoned "C-3" East - Single Family, zoned "R-5" West - Vacant, zoned "R-5" STAFF ANALYSIS: The issue before the Planning Commission is to rezone a residential lot from "R-5" to "C-1" to permit a beauty shop. The site is occupied by a single family residence and the proposal is to utilize a portion of the house for the beauty shop; the owner will continue to reside on the property. This rezoning request was fil-ed after the owner attempted to secure a privilege license which was denied because of the zoning. The owner was told that a rezoning to an appropriate district must first be approved before a privilege license can be issued. (The Home Occupation provision of the Zoning Ordinance cannot be used because the ordinance specifically prohibits barber and beauty shops as home occupations.) Zoning is a mix of "R-3," "R-4," "R-5," "0-1," "0-3," "C-3" and "PCD" with the property abutting "R-5" on the east and west sides. Land use in the general area includes residential, office, commercial, a used car lot and a church. Another significant land use in the neighborhood is the former Veterans Administration Hospital which is currently unoccupied. In addition to the developed properties, several of the lots in the immediate vicinity are vacant. The site under consideration abuts a vacant 1 October 3, 1989 Item No. B - Z-5209 (Contin.ued) ..... parcel on the west and a single family residence on the east. The most recent reclassification in the neighborhood involved a PCD to the west which allowed an existing car lot to expand. The Central City District Plan identifies this lot and the adjoining properties for office use and the proposed "C-1" rezoning is not in keeping with the general direction of the plan for the area. Staff feels that the Plan needs to be maintained and does not support the commercial reclassification. Other problems include the lot being located on a residential cul-de-sac which does not lend itself to being a viable commercial location, and the property's orientation away from a major street. The lot fronts on both East 25th and Roosevelt Road but the house faces East 25th Street and it appears that the lot's topography will prohibit any change to the structure's position on the lot. One other concern or problem is the property's ability to provide adequate parking for a commercial or service type use. ENGINEERING COMMENTS: None reported. STAFF RECOMMENDATION: Staff recommends denial of the "C-1" rezoning request. PLANNING COMMISSION ACTION: (August 22, 1989) The applicant, Ella Holmes, was present. There were two objectors in attendance. Ms. Holmes discussed the request and her efforts in trying to obtain a privilege license. She told the Commission that a City employee indicated to her that she would have no problems getting a privilege license and that she received correspondence from the City in May instructing her to apply for a privilege license. Ms. Holmes said that her business was small, only one operator, and she needed to stay at home to take care of an invalid son. She also said that she had been operating a beauty shop for two years on East 25th, but without a privilege license. Ms. Holmes said she applied for the privilege license when she relocated her business to 219 East 25th Street approximately two years. 2 N October 3, 1989 Item No. B - Z-5209 (Continued) Bob Brown of the Zoning Enforcement Office then spoke and provided some background information. Mr. Brown said that the City mailed Ms. Holmes a letter on May 12, 1989 stating that she needed to apply for a privilege license. He went on to say that the privilege license application was denied on May 18, 1989 and the City also denied a home occupation permit at the same time. Scott Smith of 200 East 25th Street spoke against the rezoning and said there was a lot of traffic which he thought was being generated by the beauty shop. Mr. Scott said he had some safety concerns because of having a five year old son and went on to discuss other problems. Stuart Yancey, a resident on Scott Street, objected to the commercial rezoning and described the neighborhood. Mr. Yancey said the "C-1" would impact the direction of the neighborhood and it was inappropriate for the location. Ms. Holmes spoke again and offered several comments about the proposal. She told the Commission that she thought the lot could provide the necessary parking for the beauty shop. Stuart Yancey and Scott Smith then made some comments. Mr. Yancey said the area was a residential neighborhood and reminded the Commission that the lot had no access from Roosevelt Road. He also said the business would alter the character of the neighborhood. After some additional comments, a motion was made to defer the issue to the October 3, 1989 meeting. The motion was approved by a vote of 8 ayes, 0 nays and 3 absent. PLANNING COMMISSION ACTION: (October 3, 1989) The applicant, Ella Holmes, was present. There were no objectors. Staff made some remarks and suggested "0-1" as being a reasonable option for the property with a conditional use permit for the beauty shop. Ella Holmes spoke and answered several questions. Ms. Holmes then agreed to amending the rezoning request to "O-1" and filing a conditional use permit application. ' There was a brief discussion and Commissioner Rector recommended that the "0-1" rezoning not be forwarded to the Board of Directors until the conditional use permit was acted on by the Planning Commission. 3 I October 3, 1989 It.em.WNo. B - Z-5209 (Continued) A motion was then made to recommend approval of "0-1" as amended with two conditions: (1) the "0-1" rezoning will not be forwarded to the Board of Directors until the Planning Commission has acted on the conditional use permit; and (2) the conditional use permit will be for a residence and a 200 square foot beauty shop. The Commission also moved to waive additional filing fees and written notification for the conditional use permit. The motion passed by a vote of 7 ayes, 1 nay and 3 absent. (Staff was instructed to notify the two objectors who were present at the August 22, 1989 hearing of the amended rezoning request.) 4