HomeMy WebLinkAboutZ-6778 Staff AnalysisJanuary 6, 2000
ITEM NO.: 11
NAME: Dicker - Short -Form POD
LOCATION: 57 White Oak Lane
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SURVEYOR:
FILE NO.: Z-6778
David and Marinetta Dicker White-Daters and Associates
57 White Oak Lane 401 S. Victory Street
Little Rock, AR 72227 Little Rock, AR 72201
AREA: Approx. 0.19 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0
ZONING: R-2 ALLOWED USES: Single -Family residential
PROPOSED USE: Single -Family residential
& Massage Therapy Clinic
VARIANCES/WAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST:
The applicants propose to rezone the property at 57 White
Oak Lane from R-2 to POD to allow for the operation of a
massage therapy clinic within a portion of the existing
single family residential structure. The property owners,
David and Marinetta Dicker, who are licensed massage
therapists will also maintain a residence at this location.
The proposed hours of operation for the massage therapy
business are as follows:
9:00 a.m. to 8:30 p.m., Monday -Thursday
9:00 a.m. to 5:30 p.m., Friday
The applicants have noted that patients are seen every 1
hours, with approximately 12 total patients per day. A
small concrete parking area has recently been constructed
on the west side of the existing residential structure to
January 6, 2000
SUBDIVISION
ITEM NO.: 11 (Cont.
FILE NO.: Z-6778
be utilized for patient parking. The Dickers have noted
that they have administered professional massage therapy at
their residence for the past five (5) years.
B. EXISTING CONDITIONS:
There is an existing two-story single family residence on
the property, with a small concrete parking area along the
structure's north side. The property is located within a
single family residential neighborhood.
C. NEIGHBORHOOD COMMENTS:
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As of this writing, staff has received several phone calls
from persons expressing concerns and opposition to the
rezoning of this property. The Overlook, Meriwether and
Andover Square Neighborhood Associations were notified of
the public hearing.
ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Property frontage needs to have the sidewalks and ramps
brought up to the current ADA standards.
2. Repair or replace any curb and gutter or sidewalk that
is damaged in the public right-of-way prior to
occupancy.
3. Plans of all work in right-of-way shall be submitted
for approval prior to start of work.
4. Maximum residential driveway width is 20 feet.
5. Show parking arrangement.
UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available, not adversely affected.
AP&L: No Comment received.
Arkla: No Comment.
Southwestern Bell: No Comment received.
Water: No Comment.
Fire Department: No Comment.
Counter Planning: No Comment.
CATA: Site is served by CATA Route #1. Approved for
transit purposes.
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January 6, 2000
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-6778
F. ISSUES/TECHNICAL/DESIGN:
Planning Division:
This request is in the West Little Rock Planning District.
The Land Use Plan currently shows Single Family. The use
of an at-home occupation is consistent with the current
land use category with no signage.
City Recognized Neighborhood Action Plan: This area is
not covered by a city recognized neighborhood plan.
Landscape Issues:
Since a new parking area has been developed for this
business activity, shrubs should be planted around this new
parking area to help screen this site from adjacent
residential properties if approved.
G. ANALYSIS:
As noted in paragraph A. of this report, the applicants
propose to operate a massage therapy clinic from their
residence at 57 White Oak Lane. Although the applicants
have filed for a rezoning of the property, and not a home
occupation, staff reviewed the home occupation standards
within the Zoning Ordinance as a basis to determine the
compatibility of this proposal. Staff used the home
occupation standards as a basis for review based on the
fact that this property is zoned R-2, entirely surrounded
by existing single family residences and located on a
residential street.
According to the City's Zoning Ordinance Section 36-
253(b)(6)a., "Home Occupations shall be permitted that will
not:"
112. Generate traffic, parking, sewage or water
use in excess of what is normal in the
residential neighborhood."
"11. Provide medical treatment, therapeutic
massage or similar activities."
Based on the fact that the proposed massage therapy
business will generate several more vehicular trips per day
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January 6, 2000
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-6778
than would be normally generated by a single family
residence and the fact that massage therapy is typically
prohibited as a home occupation, staff feels that the
proposed use of the property will not be compatible with
the surrounding single family residential neighborhood.
H. STAFF RECOMMENDATIONS:
Staff recommends denial of the proposed POD rezoning.
SUBDIVISION COMMITTEE COMMENT:
(DECEMBER 9, 1999)
David and Marinetta Dicker and Joe Bell were present
representing the application. Staff briefly described the
proposed POD.
In response to a question from staff, Mr. Dicker noted that the
hours of operation would be from 9:00 a.m. to 8:30 p.m., Monday -
Thursday and 9:00 a.m. to 5:30 p.m., Friday. He noted that
patients are seen every 1 1-� hours with approximately 12 total
patients per day.
Mr. Dickers noted that there would be no signage associated with
the business. He stated that he does not advertise. He also
stated that there would be no building additions made to
accommodate the business.
The Public Works requirements were briefly discussed. Public
Works noted concern with the driveway width as shown on the site
plan. It was noted that the applicant would meet with Public
Works to discuss this issue.
There being no further issues for discussion, the Committee
forwarded the application to the full Commission for resolution.
PLANNING COMMISSION ACTION:
(JANUARY 6, 2000)
Staff informed the Commission that the applicant submitted a
letter on January 6, 2000 requesting that this item be
withdrawn. Staff supported the withdrawal request. With a vote
of 11 ayes and 0 nays, the Commission voted to waive their
bylaws and accept the withdrawal request being made less than
five (5) working days prior to the public hearing.
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January 6, 2000
SUBDIVISION
ITEM NO.: 11 (Cont.)
FILE NO.: Z-6778
The Chairman placed the item before the Commission for inclusion
within the Consent Agenda for withdrawal. A motion to that
effect was made. The motion passed by a vote of 11 ayes and
0 nays.
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