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Case Number: |
BOA-19-10300099 |
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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 St |
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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: |
Rachel Smith, Planner |
Request
A request for a special exception, as described in Section 35-399.01, to allow a four-year renewal for a one-operator beauty shop in a single family home.
Executive Summary
The subject property is located at 226 Allensworth Street. The property is a single family residence with a carport attached to the front of the home and a detached garage in the rear yard. The beauty shop uses less than 20% of the property. The beauty shop operates between the hours of 8:00 am and 6:00 pm Monday through Friday. The applicant is requesting a special exception to the two-year renewal to allow for a four-year renewal for this one operator beauty shop in a single family home in which the owner/operator resides.
Code Enforcement History
No Code Enforcement history exists on the property.
Permit History
The applicant secured a permit to operate in 2017.
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 Dwelling with a one operator beauty shop |
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 Dwelling |
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South |
“R-4 NCD-6” Residential Single-Family Mahncke Park Neighborhood Conservation District |
Single-Family Dwelling |
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East |
“R-4 NCD-6” Residential Single-Family Mahncke Park Neighborhood Conservation District |
Single-Family Dwelling |
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West |
“R-4 NCD-6” Residential Single-Family Mahncke Park Neighborhood Conservation District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is within the boundaries of the Mahncke Park Neighborhood Plan and is currently designated as Urban Low Density Residential in the future land use component of the plan. The subject property is located within the boundaries of the Mahncke Park Neighborhood Association; therefore, they were notified and presented with an opportunity to comment.
Street Classification
Allensworth Street is classified as a local street.
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:
1. The special exception will be in harmony with the spirit and purpose of the chapter.
The requested special exception will be in harmony with the spirit and purpose of the chapter in that the proposed exception is within the conditions outlined in Section 35-399.01.
2. The public welfare and convenience will be substantially served.
The public welfare and convenience will be served with the granting of this request. The beauty shop provides a valuable and needed public service to the residents of the neighborhood and it will not negatively impact surrounding properties.
3. 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 shop will occupy only one room of the structure and the business volume will be such that it will be unnoticed by the surrounding community. The neighboring properties will not be negatively impacted by the operations of this beauty shop.
4. 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 will not negatively impact the essential character of the Mahncke Park neighborhood or the surrounding properties.
5. The special exception will not weaken the general purpose of the district or the regulations herein established for the specific district.
The purpose of the “R-4” residential single family district is to preserve and promote neighborhood centers including stores and community service facilities in a pedestrian-friendly environment. The district is primarily comprised of single family residences. The granting of this special exception will conform to the stated purpose and preserve the existing character of the district.
Alternative to Applicant’s Request
The alternative to the applicant’s plan would be to discontinue operations per Section 35-399.01 to allow a renewal of a one-operator beauty/barber shop within a home.
Staff Recommendation
Staff recommends APPROVAL of the special exception in BOA-19-10300099 for a period of forty eight months not to exceed forty hours per week based on the following findings of fact:
1. The request meets all criteria for granting the special exception.