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HomeMy WebLinkAboutZ-7413 Staff AnalysisJune 26, 2003 ITEM NO.: 2 ILE NO.: Z-7413 Name: Lewis Day Care Family Home — Special Use Permit Location: 2508 S. Harrison Street Applicant: Roosevelt and Rosemary Lewis Proposal: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-3 zoned property at 2508 S. Harrison Street. PUBLIC NOTIFICATION: Property owners within 200 feet of the site, residents within 300 feet who could be identified and the Curran -Conway, Midway and Oak Forest Neighborhood Associations were notified of the public hearing. STAFF ANALYSIS: 2508 S. Harrison Street is located on the west side of S. Harrison Street, north of Asher Avenue, and across from the Curran -Conway baseball complex. The properties to the north, south and west are zoned R-3 and contain single family residences. The applicants' home is a one-story frame structure and is typical of those in the general area. There is an existing single car driveway from Harrison Street. The rear yard is enclosed by a fence and provides a safe play area. The applicants propose to operate the day care from 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicants researched Bill of Assurance information at the Pulaski County Circuit Clerk's Office. They found that the Bill of Assurance for this neighborhood was recorded in 1907 and is no longer valid. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicants have noted that they are licensed by the State Department of Human Services. Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: a. This use may be located only in a single family home, occupied by the care giver. June 26, 2003 ITEM NO.: 2 (Cont.) FILE NO.: Z-7413 b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff's knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Staff Recommendations: Staff recommends approval of the Special Use Permit to allow a day care family home at 2508 S. Harrison Street, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 2. There is to be no signage beyond that permitted in single family zones. 3. Outdoor activities, including playground use, are to be limited to day -light hours. PLANNING COMMISSION ACTION: (JUNE 26, 2003) Roosevelt and Rosemary Lewis were present, representing the application. There were two (2) persons present with concerns. Staff presented the application with a recommendation of approval. Chairman Rahman decided to hear from the objectors first. Robert Hooks, president of the Oak Forest Movers and Shakers Crime Watch, addressed the Commission in opposition. He discussed concerns as outlined in a letter to the Commission dated June 14, 2003. He stated that the applicant did not live in the residence at 2508 S. Harrison Street and that the privacy fence was constructed without a permit. Janelle Romandia also addressed the Commission in opposition. She primarily discussed the crime rate within the neighborhood. 6 June 26, 2003 NO.: 2 (Cont. FILE NC.: Z-7413 Roosevelt and Rosemary Lewis addressed the Commission in support of the application. Mrs. Lewis stated that they had two (2) residences (2508 S. Harrison Street and one in Southwest Little Rock) and explained. She discussed other aspects of the day care family home. In response to a question from Commissioner Lowry, Mrs. Lewis stated that neither house was their primary residence. Jim Lawson, Director of Planning and Development, stated that the ordinance required that the day care family home be located in their primary residence. He stated that the Commission needed to determine if 2508 S. Harrison Street was their primary residence. Commissioner Lowry asked Mr. and Mrs. Lewis where they voted. Mrs. Lewis stated that she voted in Southwest Little Rock and Mr. Lewis stated that he voted at the Dunbar Community Center. Mr. Lewis discussed issues related to traffic in the area and the fence which was constructed. Chairman Rahman questioned whether 2508 S. Harrison Street was Mr. and Mrs. Lewis' primary residence. Mrs. Lewis explained that they lived at each residence an equal amount of time. Commissioner Allen asked how many nights per week they stayed at the S. Harrison Street address. Mr. Lewis responded 2 to 3 nights per week. There was a motion to approve the application as recommended by staff. The motion failed by a vote of 0 ayes, 9 nays and 2 absent. The application was denied. 3