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HomeMy WebLinkAboutZ-8492 Staff AnalysisSEPTEMBER 28, 2009 ITEM NO.: A File No.: Z-8492 Owner: Andrew and Kathy Gibson Applicant: Andrew Gibson, JR. Address: 11518 Ponderosa -Drive Description: West side of Ponderosa Drive, north of Yarberry Lane Zoned: R-2 Variance Requested: The applicant is requesting an administrative appeal of a denied home occupation/business license. 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 11518 Ponderosa Drive is occupied by a one-story brick and frame single family residence. There is a one -car wide driveway from Ponderosa Drive which serves the property. The property is located on the west side of Ponderosa Drive, north of Yarberry Lane (east of Chicot Road) On June 3, 2009 the applicant submitted an application for a home occupation/business license for the property at 11518 Ponderosa Drive. The request is for a home office for a "mobile auto repair" business. The applicant, Andrew Gibson, JR., lives on the property with his mother. He proposes to utilize approximately 120 square feet (bedroom) of the residence as a home office for the "mobile auto repair" business. He will have one (1) truck, Ford F- 150 pick-up, parked on the site. Please see the attached letter from the applicant for a description of the "mobile auto repair" business. SEPTEMBER 28, 2009 ITEM NO.: A (Con't.) Staff denied the requested home occupation application based on the fact that the proposed use, "mobile auto repair", is not on the list of permitted home occupations as per Section 36-253(b)(6)b. of the City's Zoning Ordinance. Following are the home occupation standards as per Section 36-253(b)(6) of the code: (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. 11. Provide medical treatment, therapeutic massage or similar activities. SEPTEMBER 28, 2009 ITEM NO.: A (Con't.) _ b. The following are permitted home occupations, provided they do not violate any of the provisions of the previous subparagraph a: 1. Dressmaking, sewing and tailoring. 2. Painting, sculpturing or writing (artistic endeavors). 3. Telephone answering service or radio monitoring service. 4. Home crafts such as model making, rug weaving and lapidary work. 5. Tutoring limited to two (2) students at a time. 6. Music instruction limited to two (2) students at a time. 7. Catering and home cooking. 8. Computer programming. 9. Clock or watch repair. 10. Personal or home care products marketing without stock in trade on premises. c. The following are prohibited as home occupations: 1. Barbershops and beauty shops. 2. Animal hospitals 3. Dance studios. 4. Mortuaries. 5. Nursery schools. 6. Private clubs. 7. Small appliance repair shops. 8. Restaurants. 9. Stables or kennels. 10. Animal grooming. SEPTEMBER 28, 2009 ITEM NO.: A Con't. 11. Engine or motor repair shops. 12. Paint shops. d. Any proposed home occupation that is neither specifically permitted by subparagraph b., nor specifically prohibited by subparagraph c., shall require an accessory use permit and be granted or denied by the city department designated by the city manager upon consideration of those standards contained in this paragraph. Appeals from the administrative judgment of the staff shall be filed with the board of adjustment. The content of the filing shall consist of: 1. A cover letter addressed to the chairman and members of the board of adjustment setting fort the request; 2. A copy of all pertinent graphic materials or correspondence. This filing shall occur within thirty (30) calendar days of the action by the staff. No activity which requires an accessory use permit shall be conducted prior to issuance of the permit. Any proposed use requiring employees who are not residents of the dwelling shall be approved by the board of adjustment prior to the issuance of permits. The applicant is requesting a home occupation use that is not specifically listed as a permitted home occupation use as per Section 36-253(b)(6)b. of the code. Therefore, the Board of Adjustment is being asked to determine whether or not the applicant's proposed use, "mobile auto repair", should be allowed as a home occupation. BOARD OF ADJUSTMENT: (AUGUST 31, 2009) The applicant was not present. Staff noted that the application needed to be deferred to the September 28, 2009 Agenda at the request of staff and the City Attorney's office, to study the issue further. The item was placed on the Consent Agenda and deferred to the September 28, 2009 Agenda by a vote of 5 ayes and 0 nays. Staff Update: The City Attorney's office has reviewed this issue and determined that it is not an issue for the Board of Adjustment, and should be handled at the administrative level. Therefore, staff recommends the application be withdrawn. SEPTEMBER 28, 2009 ITEM NO.: A (Can't. BOARD OF ADJUSTMENT: (SEPTEMBER 28, 2009) The applicant was not present. There were no objectors present. Staff informed the Board that the City Attorney's office had determined that the appeal was not an issue for the Board of Adjustment, and recommended the application be withdrawn. There was no further discussion. The item was placed on the Consent Agenda and withdrawn by a vote of 5 ayes and 0 nays. AUGUST 31, 2009 ITEM NO.: 4 File No.: Z-8492 Owner: Andrew and Kathy Gibson Applicant: Andrew Gibson, JR. Address: 11518 Ponderosa Drive Description: West side of Ponderosa Drive, north of Yarberry Lane Zoned: R-2 Variance Requested: The applicant is requesting an administrative appeal of a denied home occupation/business license. 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 11518 Ponderosa Drive is occupied by a one-story brick and frame single family residence. There is a one -car wide driveway from Ponderosa Drive which serves the property. The property is located on the west side of Ponderosa Drive, north of Yarberry Lane (east of Chicot Road) On June 3, 2009 the applicant submitted an application for a home occupation/business license for the property at 11518 Ponderosa Drive. The request is for a home office for a "mobile auto repair" business. The applicant, Andrew Gibson, JR., lives on the property with his mother. He proposes to utilize approximately 120 square feet (bedroom) of the residence as a home office for the "mobile auto repair" business. He will have one (1) truck, Ford F- 150 pick-up, parked on the site. Please see the attached letter from the applicant for a description of the "mobile auto repair" business. AUGUST 31, 2009 ITEM NO.: 4 (Con't. Staff denied the requested home occupation application based on the fact that the proposed use, "mobile auto repair", is not on the list of permitted home occupations as per Section 36-253(b)(6)b. of the City's Zoning Ordinance. Following are the home occupation standards as per Section 36-253(b)(6) of the code: (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. 11. Provide medical treatment, therapeutic massage or similar activities. b. The following are permitted home occupations, provided they do not violate any of the provisions of the previous subparagraph a: 1. Dressmaking, sewing and tailoring. AUGUST 31, 2009 ITEM NO.: 4 (Con't. 2. Painting, sculpturing or writing (artistic endeavors). 3. Telephone answering service or radio monitoring service. 4. Home crafts such as model making, rug weaving and lapidary work. 5. Tutoring limited to two (2) students at a time. 6. Music instruction limited to two (2) students at a time. 7. Catering and home cooking. 8. Computer programming. 9. Clock or watch repair. 10. Personal or home care products marketing without stock in trade on premises. c. The following are prohibited as home occupations: 1. Barbershops and beauty shops. 2. Animal hospitals 3. Dance studios. 4. Mortuaries. 5. Nursery schools. 6. Private clubs. 7. Small appliance repair shops. 8. Restaurants. 9. Stables or kennels. 10.Animal grooming. 11. Engine or motor repair shops. 12. Paint shops. AUGUST 31, 2009 ITEM NO.: 4 (Con't. d. Any proposed home occupation that is neither specifically permitted by subparagraph b., nor specifically prohibited by subparagraph c., shall require an accessory use permit and be granted or denied by the city department designated by the city manager upon consideration of those standards contained in this paragraph. Appeals from the administrative judgment of the staff shall be filed with the board of adjustment. The content of the filing shall consist of: 1. A cover letter addressed to the chairman and members of the board of adjustment setting fort the request; 2. A copy of all pertinent graphic materials or correspondence. This filing shall occur within thirty (30) calendar days of the action by the staff. No activity which requires an accessory use permit shall be conducted prior to issuance of the permit. Any proposed use requiring employees who are not residents of the dwelling shall be approved by the board of adjustment prior to the issuance of permits. The applicant is requesting a home occupation use that is not specifically listed as a permitted home occupation use as per Section 36-253(b)(6)b. of the code., Therefore, the Board of Adjustment is being asked to determine whether or not the applicant's proposed use, "mobile auto repair", should be allowed as a home occupation. BOARD OF ADJUSTMENT: (AUGUST 31, 2009) The applicant was not present. Staff noted that the application needed to be deferred to the September 28, 2009 Agenda at the request of staff and the City Attorney's office, to study the issue further. The item was placed on the Consent Agenda and deferred to the September 28, 2009 Agenda by a vote of 5 ayes and 0 nays.