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File #: 16-4152   
Type: Staff Briefing - Without Ordinance
In control: Board of Adjustment
On agenda: 7/25/2016
Posting Language: A-16-115: A request by Hyoson Albert for a special exception to allow a one operator beauty/barber shop in a home, located at 922 North Pine Street. (Council District 2)
Attachments: 1. A-16-115 Attachments
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Case Number:

A-16-115

Applicant:

Hyoson K. Albert

Owner:

Juan & Barbara Garcia

Council District:

2

Location:

922 North Pine Street

Legal Description:

Lot 3, Block A, NCB 1653

Zoning:

“R-5 H AHOD” Single-Family Residential Dignowity Hill Historic Airport Hazard Overlay District

Case Manager:

Shepard Beamon, Planner

Request

A request for a special exception, pursuant to Section 35-399.01 (i) of the Unified Development Code, to allow a one operator beauty/barber shop in a home.

Executive Summary

The subject property is located at 922 North Pine Street.  The home was built in 1920 and includes a home that is over 1,500 square feet.  The applicant is seeking a special exception to begin the operation of a one-operator beauty/barber shop.  The applicant has proposed hours of operation from 9:00 a.m. - 6:00 p.m. by appointment only. The applicant has a driveway which could provide off-street parking for a customer as well as on-street parking. Also, the applicant currently has a valid Texas Cosmetologist Manicurist License.

Subject Property Zoning/Land Use

 

Existing Zoning

Existing Use

“R-5 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District

Single-Family Dwelling

 

Surrounding Zoning/Land Use

 

Orientation

Existing Zoning District(s)

Existing Use

North

“R-5 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District

Single-Family Dwelling

South

“R-5 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District

Parking Lot

East

“R-5 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District

Single-Family Dwelling

West

“R-5 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District

Single-Family Dwelling

 

Comprehensive Plan Consistency/Neighborhood Association

The property is within the boundaries of the Dignowity Hill Neighborhood Plan and designated as Low Density Residential in the future land use component of the plan. The subject property is located within the Dignowity Hill 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:

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 has fulfilled 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.

Public welfare and convenience will be served as it will provide a valuable service to the residents of the neighborhood. 

C.                     The neighboring properties 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 a small portion of the home, as required by the UDC.  A neighboring property owner should not have any 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. Also, staff noted a driveway capable of providing any necessary parking for the proposed use.

 

E.                     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 dwelling remains a single-family home. The granting of this special exception will not weaken the general purpose of the residential zoning district.

Alternative to Applicant’s Request

The applicant would not be permitted to operate the barber/beauty shop in the home.

Staff Recommendation

 

Staff recommends APPROVAL of A-16-115 for a period of two (2) years for the initial approval with the proposed hours of operation, from 9:00 a.m. - 6:00 p.m. 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 - Site Plan

Attachment 4 - Site Photos