HomeMy WebLinkAboutZ-7395 Staff AnalysisMay 15, 2003
ITEM NO.: 11 FILE NO.: Z-7395
NAME: Wiggins — Conditional Use Permit
LOCATION: 1409 Cumberland Street, #4
OWNER/APPLICANT: Gloria Venable/Jennifer Wiggins
PROPOSAL: A conditional use permit is requested to allow use of
one unit of this R -4A zoned, 4 -unit, residential
structure as an attorneys' office.
ORDINANCE DESIGN STANDARDS:
1. SITE LOCATION:
The site is located on the east side of Cumberland Street; midway
between Daisy L. Gatson Bates Drive and East 15th Street.
2, COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of mixed uses and zoning. The properties
across Cumberland Street, to the west, are located in the Capitol Zoning
District. Uses in that immediate area include the former Eastside School,
a portion of which has been remodeled as apartments; a nursing home;
and single family residences. East of Cumberland, the uses are primarily
residential, both single family and multifamily. The site lies on the
northern edge of the path of the 1999 tornado. Many properties along the
tornado path are either vacant or contain damaged structures. Allowing
the use of one unit of this structure as an attorney's office should be
compatible with uses in the area. No changes will be made to the site
other than for installation of a small sign.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the MacArthur Park, East of
Broadway and Downtown Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
The property has no on-site parking. This 4 -unit, multifamily residence
would typically require 6 on-site parking spaces (1.5 per unit). One unit is
occupied by Quapaw Realty and one unit is proposed for occupancy by
the law firm. Due to the size of the office uses, approximately 500-600
May 15, 2003
NO.: 11 Cont. FILE NO.: Z-7395
square feet each, they actually require less parking (one space per unit).
There is adequate on -street parking available in the general area to
accommodate the proposed and existing uses.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
Reliant: No Comments received.
Southwestern Bell: No Comments received.
Water: No objection.
Fire Department: Approved as submitted.
County Planning: No Comments received.
CATA: Site is on bus route #20, but has no effect on bus radius, turnout
and route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 24, 2003)
The applicant was present. Staff presented the item and noted additional
information was needed on signage, number of employees, days and hours of
operation and specific uses within the proposed office area. In response to a
question from staff, the applicant stated two of the other units were occupied as
residences and one was occupied by Quapaw Realty. The applicant stated that
there would only be two individuals working in the office, both attorneys. The
applicant stated it was hoped that a receptionist might be added one day to
serve both the law office and the real estate office. The Committee suggested
that the applicant include the proposed receptionist in this review to preclude
having to return to the Commission at a later date. The applicant was advised to
respond to staff issues by April 30, 2003.
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May 15, 2003
ITEM NO.: 11 (Cont.) FILE NO.: Z-739
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The R -4A zoned property located at 1409 Cumberland Street is occupied by an
older; two-story residential structure. Some years ago, the structure was
converted into a 4 -unit apartment building with 2 units downstairs and 2 units
upstairs. The owner of the property occupies one of the lower units as a
residence and uses the second lower unit as an office for Quapaw Realty. One
of the upper units is occupied as a residence. The applicants propose to use the
second upper unit as an office for a small law firm consisting of two attorneys. A
�'eceptionist may be hired at some point in the future to serve both the law office
and the real estate office. Anticipated hours of operation are Monday -Friday,
8:30 a.m. — 5:30 p.m.
The proposed law office in Suite #4 consists of 537 square feet and includes one
bathroom, one kitchen and two large rooms. The entry is off of the main hall on
the second floor. The entry opens into a large room that will be used as a
conference area where the applicants will receive, interview, counsel and
negotiate with clients. The other large room will be used as work space for both
attorneys. No changes will be made to the structure or to the site. The site is
located in the MacArthur Park Historic District.
The applicants propose to install a small ground -mounted sign that will comply
with Historic District guidelines. The sign will serve both Quapaw Realty and
Bowen and Wiggins Law Firm.
Staff believes the proposed use is compatible with uses and zoning in the area.
The R -4A zoning district was created in 2000 in conjunction with the UU, Urban
Use district. The R -4A District is intended to be an urban low to moderate
density residential area, where an occasional non-residential use adds to the
overall character of the neighborhood. The applicants propose to maintain the
residential character of the property with no changes being made to the site with
the exception of one, small, ground -mounted sign. On -street parking will be
utilized, as is typical in the area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions:
1. The conditional use permit is limited to the use of Unit #4 with the exception
of a future receptionist who may be located downstairs to serve both the law
firm and Quapaw Realty.
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May 15, 2003
ITEM NO.: 11 (Cont.) FILE NO.: Z-7395
2. The conditional use permit is limited specifically to a law firm only, consisting
of two attorneys and no other staff, except for the aforementioned
receptionist.
3. Signage is to be limited to a single, small ground -mounted sign in compliance
with MacArthur Park Historic District guidelines.
Staff recommends approval of a parking variance to allow all parking to be off-
site.
PLANNING COMMISSION ACTION:
(MAY 15, 2003)
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 in the "Staff Recommendation" above. Staff also
recommended approval of a parking variance.
There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff, including the variance. The vote was 11 ayes, 0 noes and 0 absent.
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