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HomeMy WebLinkAboutZ-7322 Staff AnalysisNovember 25, 2002 ITEM NO.: 1 File No.: Z-7322 Owner: Manuel L. Jones Address: 2715 S. Broadway Description: East side of S. Broadway, south of W. Roosevelt Road Zoned: R-3 Variance Requested: 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. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential with Home Office STAFF REPORT A. Public Works Issues; No issues. B. Staff Anal: The property at 2715 S. Broadway is zoned R-3 and contains a one-story brick and frame single residence. There is a two-story frame garage - apartment structure within the rear yard, near the east property line. There is a one -car driveway from S. Broadway which serves an access to the property. The property owner, Manuel L. Jones, recently inquired of staff the possibility of moving his business office from the principal structure to the accessory structure. Staff informed Mr. Jones that a new home occupation permit could not be administratively approval, based on the November 25, 2002 m No.: 11 {Cont. fact that an 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: 1. 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. Jones asks that he be granted a home occupation permit to allow his office use to be located within the existing accessory structure. He notes in the attached letter: 2 November 25, 2002 No.: 11 (Cont. "I am a consultant that has three clients who are not located in the City of Little Rock. I will not receive any clients or need to see any clients at my home office." 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. The Board is asked to determine if the proposed home occupation, to be operated out of an accessory building, is an appropriate home occupation. BOARD OF ADJUSTMENT: (NOVEMBER 25, 2002) Manuel L. Jones was present, representing the application. There were no objectors present. Staff explained the requested appeal to the Board, noting that the Board had to determine if the home occupation (operating from an accessory building) was appropriate. Manuel L. Jones addressed the Board in support of the application. He explained the reasons for requesting to locate his home occupation in the accessory building. He also gave a brief explanation of the type of business that he is involved in. He noted that there would be no customer/client traffic at his proposed home office location. Chairman Ruck asked if the home occupation would be for office use only. Mr. Jones noted that it would only be an office use and explained further. There was a motion to approve the requested appeal, as filed, and allow the home occupation to be operated from an accessory building. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The appeal was granted. 3