HomeMy WebLinkAboutZ-8025 Staff AnalysisAPRIL 24, 2006
ITEM NO.: 6
File No.: Z-8025
Owner: Trudy and Dr. Jerry Jacobson
Applicant: Dr. J.H. Jacobson
Address: 24 Patricia Lane
Description: West end of Patricia Lane; West of North Mississippi Avenue
Zoned: R-2
Variance Requested: An administrative appeal is requested to allow a business to be
operated from a single family residence.
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 Occupation
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The R-2 zoned property at 24 Patricia Lane. is occupied by a one-story rock
and frame single family residence., Patricia Lane is a cul-de-sac street,
running west off of North Mississippi Avenue. There is a two -car wide
driveway which serves as access to the property.
The property owner, Dr. Jerry H. Jacobson, is a Clinical Hypnotherapist who
closed his office of 18 years at 2723 Foxcroft on December 31, 2005. Dr.
Jacobson's plan was to semi -retire and continue to see a few clients and
friends in an office located in his home at 24 Patricia Lane. Dr. Jacobson
applied for a Home Occupation License which was denied based on the fact
that the home office would generate additional traffic into the neighborhood.
APRIL 24, 2006
ITEM NO.: 6 (CON'T.
Section 36-253(b)(6) of the City's Zoning Ordinance provides the following
criteria for Home Occupations:
(6) Home Occupation.
i. Home occupations shall be permitted that will not:
1. Change the outside appearance of the dwelling or provide
product display visible form 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, thereapeutic massage or similar
activities.
Dr. Jacobson notes that he will schedule two (2) clients per week who will come to his
home office. He also noted that all of the surrounding neighbors support his proposed
home occupation. Dr. Jacobson submitted two (2) letters from adjacent property
owners who support the home occupation request. The Board is asked to determine if
the applicant's plan to have a home occupation with clients coming to the residence is
acceptable under the above listed Home Occupation criteria as found in Section 36-253.
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APRIL 24, 2006
ITEM NO.: 6 (CON'T.)
BOARD OF ADJUSTMENT: (APRIL 24, 2006)
Dr. J. H. Jacobson was present, representing the application. There were no objectors
present. Staff presented the application.
Dr. Jacobson addressed the Board in support of the application. Chairman Francis
noted that home occupations were required not to create traffic in excess of what is
normal for a residential neighborhood. Dr. Jacobson noted that he would have a
maximum of two (2) clients per week, and some weeks he might have none.
In response to questions from the Board, Dr. Jacobson noted that he would have no
signage, would require his clients not park on the street, and did not sell any products at
the residence.
There was a motion to approve the application for administrative appeal, subject to the
following conditions:
1. There will be a maximum of two (2) clients per week coming to the
residence.
2. There will be no parking on the street.
3. There will be no signage.
The motion passed by a vote of 3 ayes, 0 nays and 2 absent. The administrative
appeal was approved.
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