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HomeMy WebLinkAboutZ-6626 Staff AnalysisMarch 29, 1999 Item No.: B File No. Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Propert : Proposed Use of Property Z-6626 Estela Mendoza 11509 Chipwood Drive Lot 95, Birchwood Addition R-2 Variances are requested from the accessory structure setback provisions of Section 36-156 and the home occupation provisions of Section 36-253. The applicant's justification is presented in an attached letter. Single Family Single Family Staff Report: A. Public Works Issues: No issues. B. Staff Analysis: The issue is before the Board as a result of action by the Codes Enforcement Staff. The R-2 zoned property located at 11509 Chipwood Drive is occupied by a tri -level, single family residence. There are two issues before the Board, placement of a satellite dish and a home occupation with on-site employees. A satellite receiving dish has been placed in the front yard of the residence. The dish has a front yard setback of 10± feet. Satellite dishes are defined as accessory structures by the code and are required to have a front yard setback of 60 feet. It was necessary to place the dish in this location due to the presence of a large number of trees on neighboring properties. If the dish were placed in the rear yard, as mandated by code, it could not pick up the signal March 29, 1999 Item No.: B (Cont.) through the trees. The applicant needs the dish to pick up Spanish language channels which are not currently available on Little Rock's cable system. Discussions are currently ongoing with Comcast Cable to add Spanish language programming to its line-up. Until that alternative is available, staff believes it is reasonable to allow the satellite dish to remain where it is. Staff believes it would be appropriate to approve placement of the dish for a period of two years, with further Board review at that time. If Spanish language programming is available on cable at that time, there would be no further need for the satellite dish. The applicant has an approved home occupation accessory use permit to operate a business, Arkansas Spanish Interpreters and Translators, from her home. The service provides Spanish language interpreters and translators for area businesses, courts and municipal governments. The applicant has two part-time employees who come to her home. One employee runs the office in the morning and the second employee handles bookkeeping and the phone in the afternoon. Section 36-253(b)(6)(d) states "any proposed use requiring employees who are not residents of the dwelling shall be approved by the board of adjustment prior to the issuance of permits." Such requests are typically handled by the Board as interpretative issues and no staff recommendation is offered. C. Staff Recommendation Staff recommends approval of the requested setback variance to allow a satellite dish with a reduced front yard setback subject to the following conditions: 1. The approval is for a period of two years with further Board review at that time to determine if an alternative is available which would allow the applicant to receive Spanish language channels such as the addition of Spanish language programming to Little Rock's cable network. 2 March 29, 1999 Item No.: B (Cont. 2. Placement of the satellite dish is tied to the occupation of the home at 11509 Chipwood Drive by the applicant Estela Mendoza. Staff does not offer a recommendation regarding the home occupation with two part-time employees who are not residents of the home. BOARD OF ADJUSTMENT: (FEBRUARY 22, 1999) The applicant was present. There were no objectors present. Staff informed the Board that there was a discrepancy in the notice performed by the applicant. Staff presented a list of those addresses lying within 200 feet of the applicant's property and a copy of the notice provided by the applicant. The list of addresses showed approximately 20 homes within 200 feet. The notice had been signed by residents of 6 homes, one of which was beyond 200 feet from the applicant's home. The notices had been signed on February 17, 1999, 5 days later than required by the Board's Bylaws. The applicant, Estela Mendoza, stated that she was not aware that the notices had to be completed 10 days before the hearing. Ms. Mendoza stated that she had been very busy and ran out of time. Dana Carney, of the Planning Staff, advised the Board that the president of the neighborhood association was aware of the issue. Cindy Dawson, of the City Attorney's Office, stated that proper notice was an important aspect of due process that should not be overlooked or taken lightly. Gary Langlais suggested that Ms. Mendoza renotify based on the list of addresses provided by staff. Ms. Mendoza stated that she had attempted to contact other persons but could not catch them at home. William Ruck stated that proper notification is required of all applicants. Ms. Mendoza was advised to begin notifying persons earlier, rather than wait until a few days before the meeting. 3 March 29, 1999 Item No.: B (Cont.) Vice Chairman Langlais called the question on deferring the item to the March 29, 1999 meeting to allow the applicant time to properly notify area residents. The vote was 3 ayes, 0 noes, 1 absent and 1 open position. BOARD OF ADJUSTMENT: (MARCH 29, 1999) The applicant was present. There were no objectors present. Staff informed the Board that further discussion of the notification issue was necessary. Staff presented a copy of the notice as performed by the applicant and a list of addresses which fell within 200 feet of the site. The applicant had obtained 15 signatures. Staff had determined that 20 properties lie within 200 feet of the site. Other addresses on the notice provided by the applicant were marked "not home" or "not signed." In response to a question from the Board, Mr. Mendoza stated that the required sign had been posted on the property for 20 days. She stated that some property owners in the area had refused to sign the notice. After a brief discussion, a motion was made to determine that the applicant had showed substantial compliance with the notice requirement and to accept the notices as performed by the applicant. The motion was approved by a vote of 4 ayes, 0 noes and 1 absent. Staff then presented the two variance issues and recommended approval of the satellite dish location subject to compliance with the conditions outlined above. No recommendation was offered on the request to have two part-time employees for the home occupation business. In response to a question from Gary Langlais, Ms. Mendoza stated that the two employees answered the telephone and did billing and paperwork. Ms. Mendoza stated that she would be forced to close her business if she had to relocate and rent office space. Fred Gary asked Ms. Mendoza if she had a satellite dish company look at the possibility of relocating the dish. Ms. Mendoza showed photographs of the trees in the area. She stated that she had been told by two satellite dish companies that the dish would work only if it were placed where it currently is located. 4 March 29, 1999 Item No.: B (Cont. Norm Floyd stated that he had visited the site and, in his opinion, there was no where else on the property where the satellite dish would work. Ms. Mendoza stated that she must have access to Spanish language news and documentaries to maintain her language skills. She stated that such skills are necessary in her interpreting and translating business. In response to a question from Fred Gray, Ms. Mendoza stated that, other than the two part-time employees, there are no other employees or clients who come to the home. She stated that the interpreters who work with her were subcontractors who go from their own home to a job. Those subcontractors then submit a bill to Ms. Mendoza who then pays them. She stated that all contact with her subcontractors and clients is via telephone, mail and fax. In response to a question from Gary Langlais, Ms. Mendoza stated that her employees park in the driveway or on the street in front of her home. During further discussion of the nature of her business, Ms. Mendoza repeated that the subcontractors do not come to her home other than for initial contact when she first hires them. She stated that she might hire a new interpreter once every 6 months. Bill Ruck stated that the Birchwood Neighborhood Association officers had discussed the issue and chose to take a neutral stance, preferring to let the immediate neighbors speak on the issue. Mr. Ruck stated that he would like separate votes on the two issues. Fred Gray asked where staff had arrived at the two year time frame suggested for the satellite dish. Dana Carney, of the Planning Staff, responded that he had had conversation with an assistant to the City Manager who felt that a Spanish language channel would be available on cable within that time frame. Ms. Mendoza stated that she was concerned about the Spanish language channel that might be added to Little Rock's cable network. She stated that there were different degrees of spoken language and she needed access to correctly spoken Spanish which is available via satellite. 5 March 29, 1999 Item No.: B (Cont. Fred Gray made a motion to approve the setback variance to allow the satellite dish, as located, with Board review in one year. The motion was approved with a vote of 3 ayes, 1 noe and 1 absent. During the subsequent discussion of the part-time employees, Ms. Mendoza stated that they had no set schedule and that they were not there everyday. Fred Gray asked at what point the business would grow so that Ms. Mendoza would have to expand her office operation. Ms. Mendoza stated that any growth would be in the number of subcontractors throughout the state and would not affect operations in her home. Dana Carney, of the Planning Staff, asked if there were occasions where both employees would be in the home at the same time. Ms. Mendoza stated that there was occasional overlap in the middle of the day as one works in the morning and one in the afternoon. A motion was made to allow two part-time employees, each working approximately 20 hours per week as described by Ms. Mendoza. The motion was approved by a vote of 4 ayes, 0 noes and 1 absent. 6