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HomeMy WebLinkAboutZ-6907-A Staff AnalysisOctober 30, 2000 Item No.: 1 File No. Owner: Address: Descri tion: Zoned: Variance Requested: Justification: Present Use of Pro erty: Proposed Use of Pro ert : Staff Re ort: A. Public Works Issues: No issues. B. Staff Analysis: Z -6907-A Roman and Lita Novero 10800 Birchwood Drive Lot 1, Birchwood R-2 Variances are requested from the home occupation provisions of Section 36-253 to permit alteration/dressmaking as a home occupation with one non-resident employee, limited customer traffic and signage. The applicant's explanation is presented in an attached letter. Single Family Single Family with home occupation The R-2 zoned property located at 10800 Birchwood Drive is occupied by a one-story; brick and frame, single family residence. The occupants/owners of the home propose to operate an alteration/dressmaking business in the home as a home occupation. The house has approximately 1,499 square feet of living area with an enclosed, 300 square foot garage. for a total of 1,799 square feet. The applicant proposes to utilize the area of the garage and a portion of another room, not to exceed a total of 500 square feet, for the business. The applicant proposes to have one employee who is not a resident of the home. That employee currently works part-time, 4-5 hours per day. The applicant expects October 30, 2000 Item No.: 1 (Cont.) to see an average of 8 customers per day, with each customer staying at least 5-10 minutes. Business hours are proposed to be 9:00 a.m. - 6:00 p.m., Tuesday to Friday and 10:00 a.m. - 3:00 p.m., Saturday. The applicant is also requesting a sign which will be printed on the front window and a 2 square foot ground mounted sign. Section 36-253(b)(6) establishes the regulations for home occupations. "Dressmaking, sewing and tailoring" is a permitted home occupation. It is one of the uses specifically listed in Section 36-253(b)(6) as permitted, provided they do not violate the standards established for home occupations. There are aspects of the proposed home occupation that, in staff's opinion, require review and approval by the Board of Adjustment. ■ Any use requiring employees who are not residents of the dwelling must first be approved by the Board of Adjustment. The applicant has indicated that she will have one employee. That employee currently works part- time, 4-5 hours per day. ■ The applicant expects to see an average of 8 customers each day. Section 36-253 (b) (6) (a) (2) states "home occupations shall be permitted that do not generate traffic ... in excess of what is normal in the residential neighborhood." Although there are home occupations, such as tutoring and music instruction, that have "customer" traffic associated with them, staff has chosen to err on the side of caution and to bring this aspect of the proposed use to the Board. ■ The applicant is requesting signage identifying the business. Section 36-253 (b) (6) (a) (6) prohibits signage other than that which may be required by other government agencies. Other than the requested signage, staff supports the proposed home occupation. The use itself is one which is specifically listed as an appropriate home occupation. Allowing one off-site employee to come to the site will not impact other properties in the area. The applicant has stated that, during business hours, her car and the off-site employee's car will be parked on the driveway area that extends beside and behind the house, leaving the double -wide driveway in front of the house open for customers. In staff's opinion, allowing an average of 8 customers each day 2 October 30, 2000 Item No.: 1 (Cont.) C. to come to the site will not generate traffic in excess of what is normal in the surrounding neighborhood. The home is located at the very fringe of the Birchwood neighborhood, at the corner of Birchwood and Shackleford. Thousands of cars pass by the eastern perimeter of the site each day. Tutoring and music instruction are home occupations which by their very nature have client or "customer" traffic coming to the home. Section 36-253 (b) (6) (b) permits those uses to have up to 2 students at a time come to the home. This applicant has proposed an average of 8 customers over a 9 hour day. The applicant has stated that the customers will come to the home by appointment only. Staff does not support the request to have any signage. Staff feels that it is very important that the property remain clearly a single family residence and that there not be any changes made to the outside appearance of the property. This home occupation is not dependent upon "drop- in" traffic. Each of the customers will come by appointment only. Directions can be supplied by the applicant. The code does allow a 1 square foot, 6 foot tall ground -mounted sign on this R-2 zoned property. This sign may give only the name and address of the occupant. The code also allows one, attached "nameplate," not to exceed 1 square foot in area. A "nameplate" is defined as " a nonelectric on - premises identification sign giving only the name, address and/or occupation of an occupant." Staff believes such signage is sufficient for this use. The applicant's business is currently located at 10500 West Markham. The applicant originally approached the Planning Commission about rezoning 10800 Birchwood Drive to a PD -C to convert the entire structure into an alterations/dressmaking shop. It become clear that such a proposal was not supported either by staff or the neighborhood. At the September 14, 2000 Commission meeting, the subject of a home occupation came up. The applicant agreed to withdraw the PD -C application and to ask for approval of a home occupation accessory use permit (see File No. Z-6907). Staff Recommendation: Staff recommends approval of the requested home occupation accessory use permit to allow alteration/dressmaking as a home occupation at 10800 Birchwood Drive as proposed by the applicant, to include one part-time employee who does not live in the residence and an average of 8 customers per day 3 October 30, 2000 Item No.: 1 (Cont. coming to the home by appointment only, subject to compliance with the home occupation provisions outlined in Section 36-253(b) (6) . Staff does not support variances to allow the signage proposed by the applicant. Staff recommends that only that signage permitted in the R-2 zone as outlined in Sections 36-550 and 36-551 of the Code be permitted. BOARD OF ADJUSTMENT: (OCTOBER 30, 2000) The applicant, Lita Novero, was present. There was one objector present. Four letters of opposition had been sent to the Board. Staff presented the item and a recommendation of approval of the variances to allow one, part-time employee and an average of 8 customers per day to come to the house by appointment. Staff recommended denial of the request to have any signage. Lita Novero addressed the Board and stated that she wished to have a part-time employee and that employee could even pick up items and take them to their own home to do the alterations. In response to a question from Gary Langlais, Ms. Novero stated that she was relocating from a business location so that she could stay with her two small children and so that she could lower expenses. In response to a question from the Board, Ms. Novero stated that she would have an average of 8 customers per day and that there might be two customers at the house at the same time if one is dropping something off and the other is picking something up. Ms. Novero stated that she and her husband each had one car and that there would be adequate space on the driveway for the customers to park. Fred Gray asked Ms. Novero if signage was crucial since her business was by appointment only and did not have drop-in traffic. Ms. Novero responded that she would like a sign so that new customers could more easily find the house. Floyd Boyd, of 520 Springwood Dr., spoke in opposition. Mr. Boyd spoke at length about traffic concerns in the area. He stated that the Noveros had another house and asked if they would be required to live in this house. Norm Floyd responded that they would have to live at 10800 Birchwood for them to have a valid home occupation. 4 October 30, 2000 Item No.: 1 (Cont.) Norm Floyd asked Mr. Boyd if he felt the house still had residential viability. Mr. Boyd responded that it had been occupied as a residence for 30 years and that he felt it should continue to be strictly a residence. Mr. Boyd reiterated his concerns about traffic. In response to a question from Norm Floyd, Dana Carney of the Planning Staff stated that enforcement of the approved home occupation permit would be ensued by a diligent enforcement staff and an active, involved neighborhood. William Ruck voiced concerns about traffic in the area, particularly at the intersection of Shackleford and Birchwood. Ms. Novero stated that her average of 8 customers per day would come by appointment throughout the day and would not create additional traffic problems. After a brief discussion, the Board chose to vote on each aspect of the variance application separately. Fred Gray commented that the neighborhood was a good tool to help staff keep up with the home occupation to assure continued compliance. William Ruck commented that this same applicant had previously attempted to rezone this site to commercial. Floyd Boyd reiterated his concerns about traffic and again questioned Ms. Novero whether her family had another home. Ms. Novero responded that they did have another home. A motion was made to allow the home occupation to have one, part-time employee. The vote was 3 ayes, 2 noes and 0 absent. A motion was made to allow up to 8 customers per day, by appointment only and only during the business hours stipulated in the application. The vote was 3 ayes, 2 noes and 0 absent. A motion was made to allow the signage requested by the applicant. The vote was 0 ayes, 5 noes and 0 absent. 67