HomeMy WebLinkAboutZ-6636 Staff AnalysisMarch 29, 1999
Item No.: 7
File No.: Z-6636
Owner: Charles and Gayle Batson
Address: 801 N. Jackson Street
Description: Lot 6, Block 46, Hillcrest Addition
Zoned: R-2
Variance Requested: Variances are requested from the
accessory building area regulations
of Section 36-156 and the home
occupation provisions of Section
36-253.
Justification: The applicant's justification is
presented in an attached letter.
Present Use of Property: Single Family
Proposed Use of ProperSingle Family
Staff Report:
A. Public Works Issues:
No issues.
B. Staff Analysis:
The R-2 zoned property located at 801 N. Jackson Street is
occupied by a single-family residence. An older, 545 square
feet accessory building is located near the rear of the
property, adjacent to the "G" Street side property line.
The accessory building contains a small area currently used
as an office/studio and a larger, dirt floor two -car garage
currently used for storage. The accessory structure was
likely built at the time the house was constructed 60+ years
ago. The structure has a 2 foot street side yard setback on
the "G" Street side. The code requires a minimum street
side yard setback of 15 feet for accessory structures.
The applicant, Gayle Batson, has recently retired from the
Arkansas Art Center where she was an instructor and
March 29, 1999
Item No.: 7 (Cont.)
department head. Mrs. Batson proposes to remodel the
accessory building and to use it as a pottery studio and
office. In the past, she used the facilities at the Art
Center with some use of the small office/studio in the
accessory building. The applicant now proposes to remodel
the office/studio part of the accessory building and to
renovate the garage portion to be used as a pottery studio.
There will be pottery wheels, clay working equipment and a
small kiln for the finishing of the pottery and sculptural
pieces.
Mrs. Batson proposes to apply for a home occupation
accessory use permit and will operate her pottery
studio/business from the accessory structure. Section 36-
253 of the Code prohibits the use of accessory buildings for
home occupations.
There are two issues before the Board. The existing
accessory building does not meet the current street side
yard setback requirement. Due to the extensive renovation
of the structure, staff felt that the issue should be
reviewed by the Board. The second issue is the operation of
a home occupation, the pottery studio, from an accessory
building.
The renovation of the accessory building is primarily
interior. The only addition is a covered porch area. The
porch addition meets required setbacks. The exterior of the
structure will be enhanced. The applicant has retained an
architect to assure that the remodeled structure will
maintain the Hillcrest style. Allowing the renovation of
the structure will not increase the degree of nonconformity
and should have no effect on neighboring properties.
The applicant's proposed business, pottery studio, is a
permitted home occupation. There will be no employees other
than the applicant. There are no salespeople or deliveries
to or from the studio. The applicant's pottery/artwork will
not be sold from the premises. The items will be sold
through several galleries, as it is now. Allowing the use
of the accessory building for a studio should have no effect
on the neighborhood. Use of the accessory building for a
home occupation will be tied specifically to this applicant
and cannot be transferred to any subsequent occupant/owner
of the property.
2
March 29, 1999
Item No.: 7 (Cont.)
C. Staff Recommendation:
Staff recommends approval of the requested variances to
allow for renovation of the existing accessory structure and
to allow for use of the accessory structure for a home
occupation accessory use permit as described by the
applicant subject to compliance with the following
condition:
1. Use of the accessory building for a home occupation
accessory use permit is specifically tied to this
applicant and is not transferable to any subsequent
occupant/owner of the property.
2. A separate electric meter only may be permitted if
specifically required for the kiln. If the meter is
required, the applicant must submit a written request to
staff explaining the need and clearly stating that the
structure will be used only for the purpose stated.
BOARD OF ADJUSTMENT:
(MARCH 29, 1999)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval subject
to compliance with the conditions outlined above.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as
recommended by staff. The vote was 4 ayes, 0 noes and 1 absent.
k1
Ma --,h 29, 1999
Item No.: 7
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Pro ert :
Staff Report:
A. Public Works Issues:
No issues.
B. Staff Analvsis:
Z-6636
Charles and Gayle Batson
801 N. Jackson Street
Lot 6, Block 46, Hillcrest Addition
R-2
Variances are requested from the
accessory building area regulations
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
The R-2 zoned property located at 801 N. Jackson Street is
occupied by a single-family residence. An older, 545 square
feet accessory building is located near the rear of the
property, adjacent to the "G" Street side property line.
The accessory building contains a small area currently used
as an office/studio and a larger, dirt floor two -car garage
currently used for storage. The accessory structure was
likely built at the time the house was constructed 60+ years
ago. The structure has a 2 foot street side yard setback on
the "G" Street side. The code requires a minimum street
side yard setback of 15 feet for accessory structures.
The applicant, Gayle Batson, has recently retired from the
Arkansas Art Center where she was an instructor and
Mach 29, 1999
Item No.: 7 (Cont.
department head. Mrs. Batson proposes to remodel the
accessory building and to use it as a pottery studio and
office. In the past, she used the facilities at the Art
Center with some use of the small office/studio in the
accessory building. The applicant now proposes to remodel
the office/studio part of the accessory building and to
renovate the garage portion to be used as a pottery studio.
There will be pottery wheels, clay working equipment and a
small kiln for the finishing of the pottery and sculptural
pieces.
Mrs. Batson proposes to apply for a home occupation
accessory use permit and will operate her pottery
studio/business from the accessory structure. Section 36-
253 of the Code prohibits the use of accessory buildings for
home occupations.
There are two issues before the Board. The existing
accessory building does not meet the current street side
yard setback requirement. Due to the extensive renovation
of the structure, staff felt that the issue should be
reviewed by the Board. The second issue is the operation of
a home occupation, the pottery studio, from an accessory
building.
The renovation of the accessory building is primarily
interior. The only addition is a covered porch area. The
porch addition meets required setbacks. The exterior of the
structure will be enhanced. The applicant has retained an
architect to assure that the remodeled structure will
maintain the Hillcrest style. Allowing the renovation of
the structure will not increase the degree of nonconformity
and should have no effect on neighboring properties.
The applicant's proposed business, pottery studio, is a
permitted home occupation. There will be no employees other
than the applicant. There are no salespeople or deliveries
to or from the studio. The applicant's pottery/artwork will
not be sold from the premises. The items will be sold
through several galleries, as it is now. Allowing the use
of the accessory building for a studio should have no effect
on the neighborhood. Use of the accessory building for a
home occupation will be tied specifically to this applicant
and cannot be transferred to any subsequent occupant/owner
of the property.
K
Ma -.:h 29, 1999
Item No.: 7 (Cont.
C. Staff Recommendation:
Staff recommends approval of the requested variances to
allow for renovation of the existing accessory structure and
to allow for use of the accessory structure for a home
occupation accessory use permit as described by the
applicant subject to compliance with the following
condition:
1. Use of the accessory building for a home occupation
accessory use permit is specifically tied to this
applicant and is not transferable to any subsequent
occupant/owner of the property.
2.A separate electric meter only may be permitted if
specifically required for the kiln. If the meter is
required, the applicant must submit a written request to
staff explaining the need and clearly stating that the
structure will be used only for the purpose stated.
BOARD OF ADJUSTMENT:
(MARCH 29, 1999)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval subject
to compliance with the conditions outlined above.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as
recommended by staff. The vote was 4 ayes, 0 noes and 1 absent.
3