HomeMy WebLinkAboutZ-9098 Staff AnalysisJAN UARY 25, 2016
ITEM NO.: 4
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Z-9098
Kenneth and Kathy Rich
Kenneth Rich
717 N. Hughes Street
East side of N. Hughes Street, between "F" and "H" Streets
R-2
An administrative appeal is requested regarding a denied
home occupation application.
The applicant's justification is presented in an attached letter.
Single Family Residence
Proposed Use of Property: Single Family Residence and Home Occupation
STAFF REPORT
On November 9, 2015, the applicant and property owner, Kenneth Rich, submitted
a business license application and home occupation accessory use application for
the residence at 717 N. Hughes Street. The application was for a proposed "wash -
and -fold laundry service" to be operated from the residence. A description of the
applicant's proposed home occupation, as found in an attached letter, is as follows:
"My intent is to provide a wash -and -fold laundry service from my home. The
procedure I wish to use is as follows: pick up laundry at a customer's home or
place of business, bring the laundry to my home, wash, dry and fold the laundry
in my own personal washer & dryer (NOT using professional equipment), and
return it to the customer. There will not be signage at my home regarding this
enterprise, I will be the only employee (with possibly my children and wife
helping), I will be using my personal vehicle (an SUV) to transport the laundry,
and I will not have customers coming to my home to drop off laundry. This would
not be a dry-cleaning operation, only a normal laundry operation, using
household equipment."
Following are the home occupation requirements as found in Section 36-253(b)(6):
(6) Home Occupation.
a. Home occupations shall be permitted that will not:
JAN UARY 25, 2016
ITEM NO.: 4 (CON'T.
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.
2. Painting, sculpturing or writing
(artistic endeavors).
3. Telephone answering service or radio
monitoring service.
2
JANUARY 25, 2016
ITEM NO.: 4 (CON'T_
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.
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 stan-
dards contained in this paragraph. Appeals from
the administrative judgement 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 forth 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
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IANUARY 25, 2016
TEM NO.: 4 CON'T.
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 Planning staff reviewed the home occupation accessory use application and
denied said application based on the fact that the proposed use is not listed in the
ordinance as a specifically permitted home occupation, nor is it listed as a
specifically prohibited home occupation. Staff was not comfortable in approving the
proposed home occupation at the staff level. Therefore, the applicant is requesting
an administrative of staffs decision to the Board of Adjustment. The Board of
Adjustment is asked to determine if the proposed home occupation for a "wash -and -
fold laundry service" meets the intent of the home occupation standards found in
Section 36-253(b)(6) and if the business license/home occupation accessory use
permit for said use should be approved.
3OARD OF ADJUSTMENT
f he applicant, Kenneth Rich, was present. Staff presented the item.
(January 25, 2016)
Or. Rich addressed the Board and reiterated the description of the proposed business,
is described in the "staff report" above. In response to a question from Vice-chairman
3rad Wingfield, Mr. Rich stated he would be using only one residential standard washer
ind dryer.
n response to a question from Board member Carolyn Lindsey Polk, staff stated Mr.
Rich could have his business name on his delivery vehicle as long as the vehicle did not
riolate the prohibition against having commercial vehicles in the residential zone.
n response to questions from the Board, Mr. Rich stated his family of four lived in the
louse and the business was a part-time, start-up business that would be relocated to a
,ommercial location if it grew. He stated he expected 3-4 customers a day was all that
ie could handle.
;hairman Yates made note of the home occupation requirements in the code and
asked specifically about the statement that home occupations should not generate
,ewage or water use that is in excess of what is normal in the residential neighborhood.
Staff responded that what is being proposed is not really beyond what a larger
iousehold would typically generate. Staff stated the purpose of the criteria outlined in
he code was to assure that any proposed home based business did not change the
,haracter of the residence.
k motion was then made to approve the appeal. The motion passed by a vote of 5 ayes,
) noes and 0 absent.
n