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Case Number: |
A-17-146 |
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Applicant: |
Jennifer Estrada |
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Owner: |
Jennifer Estrada |
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Council District: |
2 |
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Location: |
226 Allensworth Street |
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Legal Description: |
Lot 8, NCB 6562 |
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Zoning: |
“R-4 NCD-6” Residential Single-Family Mahncke Park Neighborhood Conservation District |
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Case Manager: |
Shepard Beamon, Senior Planner |
Request
A request for a special exception to allow a one-operator beauty shop in a home, as described in Section 35-399.01, for a period of two years.
Executive Summary
The owner is requesting a special exception to allow the operation of a beauty/barber shop in the home. The applicant is proposing business hours Monday through Wednesday 10:00 am - 6:00 pm and Thursday 8:00 am - 12:00 pm, for a total of 28 hours per week. The applicant will be the only cosmetologist at the location and the business will operate by appointment only.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-4 NCD-6” Residential Single-Family Mahncke Park Neighborhood Conservation District |
Single-Family Residence |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-4 NCD-6” Residential Single-Family Mahncke Park Neighborhood Conservation District |
Single-Family Residences |
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South |
“R-4 NCD-6” Residential Single-Family Mahncke Park Neighborhood Conservation District |
Single-Family Residences |
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East |
“R-4 NCD-6” Residential Single-Family Mahncke Park Neighborhood Conservation District |
Single-Family Residences |
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West |
“R-4 NCD-6” Residential Single-Family Mahncke Park Neighborhood Conservation District |
Single-Family Residences |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the Mahncke Park Neighborhood Plan and is designated as Urban Single-Family Residential in the future land use component of the plan. The subject property is located within the Mahncke Park Neighborhood Association and they were asked to comment.
Criteria for Review
According to Section 35-482(h) of the UDC, in order for a special exception to be granted, the Board of Adjustment must find that the request meets each of the five following conditions:
A. The special exception will be in harmony with the spirit and purpose of the chapter.
The purpose of the review is to ensure that the operation of one-operator beauty/barber shop does not negatively impact the character of the community. The applicant will fulfill all requirements for a one-operator shop as established in the Unified Development Code. As such, staff finds that the special exception will be in harmony with the purpose of the chapter.
B. The public welfare and convenience will be substantially served.
The public welfare and convenience will be served as the operation is contained within a single-family structure. No portion of the operation is permitted to place the structure out of character with other homes in the community.
C. The neighboring property will not be substantially injured by such proposed use.
The subject property will be primarily used as a single family residence. The beauty/barber shop will occupy only one room of the home, as required by the UDC. There will be no indication that a portion of the home is being used for this purpose.
D. The special exception will not alter the essential character of the district and location in which the property for which the special exception is sought.
The requested special exception is not likely to negatively impact adjacent property owners as the home is in character with those around it. During the field visit, staff noted nothing visible from the street that would indicate the presence of a beauty/barber shop.
E. The special exception will not weaken the general purpose of the district or the regulations herein established for the specific district.
The primary use of the dwelling remains a single-family home. The granting of this special exception will not weaken the purposes of the residential zoning district or the neighborhood conservation district.
Alternative to Applicant’s Request
The applicant would not be permitted to operate the beauty shop.
Staff Recommendation
Staff recommends APPROVAL of the requested renewal A-17-146 for a period of two years, based on the following findings of fact:
1. The home retains its residential character and does not detract from the residential nature of the community; and
2. The applicant will comply with all of the specific requirements established in the Unified Development Code for the special exception.