To: |
Board of Adjustment |
Case Number: |
A-15-058 |
Date: |
April 06, 2015 |
Applicant: |
Maria Solis |
Owner: |
Maria Solis |
Council District: |
6 |
Location: |
9207 Valley Dale |
Legal Description: |
Lot 18, Block 62, NCB 18762 |
Zoning: |
"R-6" Residential Single-Family District |
Prepared By: |
Logan Sparrow, Planner |
Request
A request for a special exception, as described in Section 35-399.01, to allow a one operator beauty/barber shop within a single-family home.
Executive Summary
The subject property is located at 9207 Valley Dale approximately 368 feet east of Cliffbrier Drive. The applicant is seeking a special exception to allow for a one-operator beauty/barber shop to be located within her single-family home. This is the applicant's first request for a special exception. The applicant has proposed the hours of Monday through Friday from 11am to 7pm, and on Saturday from 10am to 7pm. The salon will be closed on Sunday's. The Board May approve a two or four year special exception which would result in the special exception expiring on April 6, 2017 or April 6, 2019.
Subject Property Zoning/Land Use
Existing Zoning |
Existing Use |
"R-6" Residential Single-Family District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
Orientation |
Existing Zoning District(s) |
Existing Use |
North |
"R-6" Residential Single-Family District |
Single-Family Dwelling |
South |
"R-6" Residential Single-Family District |
Single-Family Dwelling |
East |
"R-6" Residential Single-Family District |
Single-Family Dwelling |
West |
"R-6" Residential Single-Family District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Northwest Neighborhood Plan and designated as Low Density Residential future land use. The subject property is located within the boundaries of the Great Northwest registered neighborhood association. As such, the neighborhood association was notified and asked to comment.
Criteria for Review
According to Section 35-482(e) of the UDC, in order for a variance to be granted, the applicant must demonstrate all of the following:
1. The special exception will be in harmony with the spirit and purpose of the chapter.
The purpose of the chapter serves to ensure that the operation of one-operator beauty/barber shop does not negatively impact the character of the community. Staff noted that nothing about the home distinguishes it from others in the community. Also, the applicant has fulfilled all requirements for a one-operator shop as established in the Unified Development Code. As such, staff finds that the special exception is not contrary to the spirit and purpose of the chapter.
2. The public welfare and convenience will be substantially served.
The applicant has already constructed the beauty/barber shop within her home. As she has complied with all of the requirements established by the UDC staff finds that granting the special exception will serve the public welfare and convenience will be substantially served.
3. The neighboring properties will not be substantially injured by such proposed use.
The special exception request is unlikely to injure adjacent properties. From the street, there are no visible indicators that the home would also be operating as a beauty/barber shop. The applicant has complied with all of the UDC requirements, too.
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 is not likely to negatively impact adjacent property owners as the home is in character with those around it. During field visits staff noted nothing visible from the street that would indicate the presence of a beauty/barber shop. Also, during staff field visits staff noted a large driveway capable of providing any necessary parking for the proposed use.
5. The special exception will not weaken the general purpose of the district or the regulations herein established for the specified district.
The primary use of the district remains a residential community. The one-operator beauty/barber shop does not weaken the district, nor does it detract from the enjoyment of adjacent properties. All customers are by appointment and there will be no walk-in services permitted. Also, the applicant has limited the hours of operation. Staff finds that the requested special exception will not weaken the general purpose of the district.
Alternative to Applicant's Request
The applicant would not be permitted to operate the salon without the special exception from the Board of Adjustment.
Staff Recommendation
Staff recommends APPROVAL of A-15-058 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; |
2. |
The applicant has complied with all of the requirements established by the Unified Development Code. |
Attachments
Attachment 1 - Notification Plan (Aerial Map)
Attachment 2 - Plot Plan (Aerial Map)
Attachment 3 - Elevation of Sign
Attachment 4 - Site Photos