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HomeMy WebLinkAboutZ-8584 Staff AnalysisAUGUST 30, 2010 ITEM NO.: 9 File No.: Owner: Applicant: Address: Description: Zoned: Ann Hedge -Carruthers Living Trust 2002 Ann Hedge -Carruthers 2210 Windsor Court West side of Windsor court, South of Windsor Road M F-6 Variance Requested: An administrative appeal is requested to allow a home occupation which does not meet ordinance criteria. 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 MF-6 zoned property at 2210 Windsor Court is occupied by a one-story brick single family patio home. The front (south) of the residence faces an access drive which suns west from Windsor Court. The property is at the northwest corner of the access drive and Windsor Court. There is a two -car wide driveway from the access drive which accesses a two -car wide garage on the front (south) of the residence. The property owner, Ann Hedge -Carruthers, is a psychotherapist who has had a private practice in Little Rock. Dr. Hedge -Carruthers plans to semi -retire and continue to see a few select clients in an office (home study) located in her home at 2210 Windsor Court. Dr. Hedge -Carruthers applied for a Home Occupation License, but was denied on June 29, 2010 based on the fact that the home office would generate additional traffic into the neighborhood. Dr. Hedge -Carruthers notes that her insurance allows her to work only ten (10) hours per week, including hours spent on administrative work. Dr. Hedge -Carruthers is requesting to use her home study as a consulting room for a few hours each week. She notes that there AUGUST 30, 2010 ITEM NO.: 9 CON'T. will be no more than one (1) client at her residence at any one (1) time, and probably no more than one (1) client per day. Section 36-253(b)(6) of the City's Zoning Ordinance provides the following criteria for Home Occupations: 1. Home Occupation. a. Home occupations shall be permitted that will not: 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. \ AUGUST 30, 2010 M NO.: 9 (CON'T. 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. Dr. Hedge -Carruthers' Home Occupation application was denied based on Section 36-253(b)(6)a.2., generating additional traffic to the residence. It appears that Dr. Hedge -Carruthers' proposed Home Occupation will comply with all other ordinance standards. Issues the Board may wish to consider during review of this application are as follows: 1. Placing a limit on the number of clients which can come to the residence each day. 2. Prohibiting any signage. 3. Prohibiting parking on the street. BOARD OF ADJUSTMENT: (AUGUST 30, 2010) Ann Hedge -Carruthers was present, representing the application. There were no objectors present. Staff presented the appeal application. Ann Hedge -Carruthers addressed the Board in support of the appeal application. She stated that she would have no more than six (6) clients per week visit her residence. She also stated that she would have no signage and the clients would not park on the street. There was a brief discussion regarding how the city could enforce conditions. In response to a question from the Board, Dr. Hedge -Carruthers noted that she was moving her practice to her home for financial reasons. There was additional discussion pertaining to Dr. Hedge -Carruthers' proposed home occupation. Staff described other uses which were allowed as home occupations. There was a motion to approve the requested appeal with the following conditions (offered by the applicant): 1. There will be no more than two (2) clients per day allowed at the residence. 2 There will be no signage associated with the home occupation. 3 There will be no on -street parking associated with the home occupation. The motion passed by a vote of 4 ayes, 0 nays, 0 absent and 1 open position. The appeal and proposed home occupation were approved.