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HomeMy WebLinkAboutZ-8187 Staff AnalysisMARCH 26, 2007 ITEM NO.: 9 File No.: Owner: Applicant: Address: Description: Zoned: Z-8187 Mark and Ann Arouh Mark and Ann Arouh 1602 S. Buchanan Street West side of S. Buchanan Street, between West 16t" and West 17tn Streets R-2 Variance Requested: An administrative appeal is requested regarding use of the property as 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 STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 1602 S. Buchanan Street is occupied by a one- story frame single family residence. The �roperty is located on the west side of S. Buchanan Street, between West 16t and West 17t" Streets. There is a two -car wide gravel drive at the southeast corner of the property, with parking for four (4) vehicles. There is also on -street parking allowed on S. Buchanan Street within this block. Mark and Ann Arouh, the property owners, were recently denied a home occupation permit for the property. The proposed home occupation was not approved based on the fact that the proposed use is not a permitted home occupation and that the use will generate customer traffic; traffic in excess of what is normal for a residential neighborhood. MARCH 26, 2007 ITEM NO.: 9 (CON'T. The Arouh's are seeking a home occupation permit to allow their combined healthcare practice. Mrs. Arouh is a healthcare consultant, advising patients about lifestyle and health maintenance issues. Mr. Arouh is a state licensed acupuncturist, Chinese herbalist and state licensed massage therapist. The Arouh's propose to see no more than four (4) patients per day, with each patient session averaging 90 minutes. They note that there would only be one (1) patient vehicle on the property at any time, and that there is ample space on the driveway to park. The Arouh's also note that it is their intention to obtain a commercial location as soon as possible, and that the home occupation will only be temporary. The following is from Section 36-253(b)(6) of the City's Zoning Ordinance which regulates home occupations: (6) Home Occupation. 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. MARCH 26, 2007 ITEM NO.: 9 (CON'T. 11. Provide medical treatment, therapeutic massage or similar activities. Mark and Ann Arouh are appealiing staff's denial of their proposed home occupation, based on the above noted requirements. They are asking the Board of Adjustment to determine that their proposed home occupation is an acceptable use of the property. BOARD OF ADJUSTMENT: (MARCH 26, 2007) Mark and Ann Arouh were present, representing the application. There were no objectors present. Staff presented the application. Ann Arouh addressed the Board in support of the application. She explained the proposed home occupation use. She noted that she only consulted patients and administered no medical treatment. She noted that the massage therapy performed by Mr. Arouh could be done at the client's location. She described nature pathic medicine. She also explained that it was their intent to have the home occupation on a temporary basis. Mark Arouh addressed the Board in support of the application. He further explained the proposed home occupation use. There was a motion to approve the requested appeal. The motion failed by a vote of 0 ayes, 4 nays and 1 absent (Burruss). The appeal application was denied.