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HomeMy WebLinkAboutZ-8158 Staff AnalysisJANUARY 29, 2007 ITEM NO.: 3 File No.: Owner: Applicant: Address: Description: Zoned: r : : Samantha Cunningham Tracee Miller 6605 Hawthorne Road South side of Hawthorne Road, west of N. McKinley Street R-2 Variance Requested: An administrative appeal is requested to allow use of an accessory building in conjunction with a home occupation. 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 property at 6605 Hawthorne Road is zoned R-2 and contains a one-story frame single family residence. There is a single car wide driveway from Hawthorne Road which serves as access. The driveway leads to a one-story frame accessory structure (single car garage) in the rear yard, at the southwest corner of the house. On December 7, 2006 the applicant, Tracee Miller, submitted an application for a home occupation permit to staff. Ms. Miller proposes to locate her art studio in the accessory garage structure. Ms. Miller has noted that she will only produce paintings in the studio, and have no employees or customer traffic. She has noted that her paintings are sold off -site in galleries, restaurants, etc. Staff could not approve the home occupation application based on the fact that an accessory building would be utilized for the home -based business. , -: JANUARY 29, 2007 ITEM NO.: 3 (CON'T. 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." Mrs. Miller is appealing staff's denial of the home occupation application. She asks that she be granted a home occupation permit to allow her painting/art studio use to be located within the existing accessory structure. 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, is an appropriate home occupation. JANUARY 29, 2007 ITEM NO.: 3 (CON'T. BOARD OF ADJUSTMENT: (JANUARY 29, 2007) Tracee Miller was present, representing the application. There were no objectors present. Staff presented the application. Tracee Miller addressed the Board in support of the application. She explained that the accessory building would only be used to produce paintings to be sold at off -site commercial locations. She noted that she used water based paint, and that this use was very quiet. In response to a question from Chairman Francis, Ms. Miller noted that there would be no customer traffic to the property. There was a motion to approve the requested appeal and allow use of the accessory building in conjunction with the home occupation as a painting/art studio. The motion passed by a vote of 3 ayes, 0 nays, 0 absent and 2 open positions. The appeal was approved.