HomeMy WebLinkAboutZ-7409 Staff AnalysisMay 28, 2003
ITEM NO.: 11
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Anal sis:
Z-7409
Jacob W. and Elizabeth Deering Morris
1812 S. Fillmore Street
Lots 3 and 4, Block 21, Cherry and Cox
Addition
R-3
An appeal is requested from staffs
administrative determination that the
proposed use of the property does not
conform to all of the home occupation
standards.
The applicant's justification is presented in
an attached letter.
Single Family Residential
Single Family Residential with pottery/art
studio
The property at 1812 S. Fillmore Street is zoned R-3 and contains a one-
story brick and rock single family residence on a double lot. A driveway
from Fillmore Street serves as the principle access to the property, with
vehicular access also from the alley along the west property line. There is
a one-story stucco accessory building located at the northwest corner of
the house.
The property owner, Elizabeth Deering Morris, recently inquired of staff
the possibility of locating her pottery/art studio to the accessory structure
May 28, 2003
Item No.: 11 (Cont.)
as a home occupation. Staff informed Mrs. Morris that a home occupation
permit could not be administratively approved, based on the fact that an
accessory building would be utilized for the home-based business.
Mrs. Morris is also requesting a separate electric meter for the accessory
building.
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."
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May 28, 2003
Item No.: 11 (Con
Mrs. Morris asks that she be granted a home occupation permit to allow
her pottery/art studio use to be located within the existing accessory
structure. She notes in the attached letter:
"I am a professional artist and hold a BA in Fine Arts; this is
no hobby. My intention is to convert this building into a
professional pottery studio for my personal business use."
"I assure you that I am not attempting to open a business to
the public or any other use that would violate the zoning
ordinance. I am only converting existing space as to make it
suitable for use in my home occupation. Since this is my
primary occupation, I also have a need to keep accurate
records of my business expenses for accounting and tax
purposes. This is why I need a separate meter. Trying to
calculate and isolate the business portion of my electrical
use from normal domestic use with only one meter would be
nearly impossible."
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 to ordinance standards. The Board is asked to determine if the
proposed home occupation, to be operated out of an accessory building
(with a separate electric meter), is an appropriate home occupation.
BOARD OF ADJUSTMENT: (MAY 28, 2003)
Jacob and Elizabeth Morris were present, representing the application. There
were no objectors present. Staff briefly described the requested appeal.
Elizabeth Morris addressed the Board in support of the application. She stated
that she needed to use the accessory building for her art/pottery studio because
she needed more space than was available in the principal structure. She also
stated that a separate electric meter was needed because of the special
equipment involved with her studio.
Chairman Ruck asked if the art/pottery studio would create any additional traffic
(customers, students, etc.). Mrs. Morris explained that it would not. Chairman
Ruck stated that he had no objection to the application.
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May 28, 2003
No.: 11
Fred Gray asked Mrs. Morris if her works would be shown or for sale.
Mrs. Morris explained that she was planning a show for November 2003, and
that her works were not shown in galleries at the present time.
There was a motion to approve the requested appeal and allow the home
occupation (art/pottery studio) to be operated in the accessory building with a
separate electric meter. The motion passed by a vote of 4 ayes, 0 nays and
1 absent. The application was approved.
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