HomeMy WebLinkAboutZ-5898-A Staff AnalysisSeptember 30, 2002
ITEM NO.: A
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No issues.
B. Staff Analysis:
Nancy R. Lichty Revocable Trust
5308 Centerwood Road
Lot 99, Prospect Terrace No. 2 Addition
R-2
An appeal is requested from staff's
administrative determination that the
proposed use of the property does not
conform to all of the home occupation
standards.
The applicant's justification is presented in
an attached letter.
Single Family Residential
Single Family Residential with Home Office
The property at 5308 Centerwood Road is zoned R-2 and contains a two-
story brick single family residence. There is a one-story frame accessory
building/garage located along the rear (north) property line. Centerwood
Road is located along the south property line, with "O" Street right-of-way
along the north boundary. The garage portion of the accessory structure
is accessed from " O" Street.
The applicant, Larry E. Lichty, recently inquired of staff the possibility of
locating his real estate business to this address and operating as a home
occupation. The applicant proposes to locate the business in the existing
accessory structure. Staff informed Mr. Lichty that a home occupation
permit could not be administratively approved, based on the fact that an
September 30, 2002
No.: A (Co
accessory building would be utilized for the home -based business.
According to the City's Zoning Ordinance Section 36-253(b)(6):
"a. Home occupations shall be permitted that will not:
Change the outside appearance of the dwelling or
provide product display visible from the street.
2. Generate traffic, parking, sewage or water use in
excess of what is normal in the residential
neighborhood.
3. Create a hazard to persons or property, result in
electric interference or become a nuisance.
4. Result in outside storage or display of any material
or product.
5. Involve accessory buildings.
6. Result in signage beyond that which may be
required by other government agencies.
7. Limited to five hundred (500) square feet in area,
but in no case more than forty-nine (49) percent of
the floor area in a dwelling.
8. Stock in trade shall not exceed ten (10) percent of
the floor area of the accessory use.
9. Require the construction of, or the addition to, the
residence of duplicate kitchens.
10. Requirement or cause the use or consumption on
the premises of any food product produced
thereon.
11. Provide medical treatment, therapeutic massage or
similar activities."
Mr. Lichty asks that he be granted a home occupation permit to allow his
real estate business (home office) to be located within the existing
accessory structure. He notes in the attached letter:
September 30, 2002
Item No.: A Cont.
"It would strictly be a place in which to locate furniture,
equipment, business files, etc., open mail and conduct a _
quiet business consistent with those routinely allowed
pursuant to Section 36-253 and Section 36-254 of the Little
Rock City Code regulating residential districts. As such,
expect no business walk-in or vehicular traffic that would
even approach much less exceed the level of personal
visitors we have to our home now."
To staff's knowledge, the issue related to use of the accessory structure is
the only outstanding issue associated with the proposed home
occupation. All other aspects of the proposed home occupation will
conform with the ordinance standards.
BOARD OF ADJUSTMENT: (AUGUST 26, 2002)
The applicant was not present. The Board determined that a public hearing was
necessary for this item, and therefore, a deferral was needed.
The item was placed on the Consent Agenda and deferred to the September 30,
2002 agenda by a vote of 4 ayes, 0 nays and 1 absent.
BOARD OF ADJUSTMENT: (SEPTEMBER 30, 2002)
Larry E. Lichty was present, representing the application. There were no
objectors present.
Staff briefly described the proposed appeal. Mr. Lichty addressed the Board in
favor of the appeal. He briefly explained his proposal.
Vice -Chairman Gray asked when the real estate office would be moved to the
residence. Mr. Lichty stated that no specific date had been set, and that. he was
trying to work out details.
Chairman Ruck asked if any of the neighbors had a problem with the home
occupation. Mr. Lichty stated that there were none that he knew of.
There was a motion to approve the requested appeal and allow the home
occupation to be operated in the accessory building. The motion was approved
by a vote of 4 ayes, 0 nays and 1 absent.
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