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HomeMy WebLinkAboutZ-9280 Staff AnalysisDECEMBER 11, 2017 ITEM NO_: 11 File No.: Z-9280 Owner: David Hodges Applicant: Jennifer Hodges Address: 5112 "P" Street Description: Lot 22, Block 3, McGehee Addition Zoned: R-2 Variance Requested: A variance is requested from the home occupation standards of Section 36-253 to allow a home occupation to operate within an accessory building. 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 V 13 Public Works Issues: No Comments Staff Analysis: The R-2 zoned property located at 5112 "P" Street is occupied by a one-story frame single family residence. The property is located on the north side of "P" Street, between Kavanaugh Blvd. and Newton Street. A paved alley right-of-way is located along the east side property line and along the rear (north) property line. A small detached storage building is located within the rear yard area at the northwest corner of the residence. The applicant proposes to construct a second accessory structure in the rear yard area, as noted on the attached site plan. The proposed accessory structure will be located at the northeast corner of the property, and will be 12 feet by 20 feet in area. The proposed accessory structure will be one (1) story in height and will be unenclosed on all sides. The accessory structure will conform with all setback, separation and coverage requirements as per Section 36-156 of the City's Zoning Ordinance. DECEMBER 11, 2017 ITEM NO.: 11 (CON'T. Z-9280 The applicant is proposing to operate a home occupation from the site and involve the proposed accessory building in the home occupation use. The applicant is proposing a home occupation to create sculptured art metals and steel fabrication art. This is a permitted home occupation use (artistic endeavors) as per Section 36- 253(b)(6)b.2 of the Zoning Ordinance. The proposed home occupation would involve the proposed accessory structure for the use of power tools for welding, cutting and grinding metal and use of a natural gas foundry for melting metal for creation of art pieces. The proposed accessory structure will be constructed using concrete, metal and other fire resistant materials. Section 36-253(b)(6)a. of the City's Zoning Ordinance sets forth the requirements for home occupations within residential zoning districts as follows: 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 wivgl*�FiTCA 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. 2 DECEMBER 11, 2017 ITEM NO.: 11 (CON'T.) Z-9280 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. The applicant is requesting a variance from Section 36-253(b)(6)a.5. of the home occupation standards in order to utilize the proposed accessory building for the home occupation use, as noted previously. Staff does not support the requested variance to allow use of an accessory building in conjunction with the proposed home occupation. Staff does not view the request as reasonable. Staff feels that the proposed home occupation, with utilization of an accessory building, does not meet the intent of the zoning ordinance in allowing home occupations. In staffs opinion, a home occupation should not change the residential characteristic of a single family residential property. The applicant's proposal to use an open, unenclosed accessory structure for the "welding, cutting and grinding" of metal would create a level of noise, odor, etc. in excess of what is normal for a residential neighborhood. Additionally, the use of a natural gas foundry or kiln could create a fire hazard, as it would be located relatively close to existing structures on adjacent residential lots. Staff believes that the proposed use of the accessory structure will be out of character with the neighborhood and would have an adverse impact on the adjacent residential properties. C. Staff Recommendation: Staff recommends denial of the requested variance to build and use an accessory structure in conjunction with a home occupation. BOARD OF ADJUSTMENT (December 11, 2017) Staff informed the Board that on December 5, 2017, the applicant submitted a letter to staff requesting withdrawal of the application. Staff supported the withdrawal request. The item was placed on the Consent Agenda for withdrawal. The vote was 4 ayes, 0 noes and 1 absent. The application was withdrawn.