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Case Number: |
A-17-030 |
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Applicant: |
Pura Zavala |
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Owner: |
Jose & Pura Zavala |
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Council District: |
5 |
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Location: |
2031 W. Pyron Avenue |
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Legal Description: |
Lots 46 & 47, Block 30, NCB 8523 |
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Zoning: |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Margaret Pahl, AICP, Senior Planner |
Request
A request for a special exception to allow a four-year renewal of a special exception granted on January 14, 2013 for a one-operator beauty shop.
Executive Summary
The subject property is located at the northwest corner of West Pyron Avenue and Otto Street and is currently developed as a single-family home containing an in-home beauty shop. The Board of Adjustment has previously approved special exceptions for this home occupation eight times since 1996. The owner is requesting a renewal prior to its expiration as required by the UDC 35-399. The applicant is proposing the same business hours; Tuesday through Saturday 9:00 am to 5:00 pm. for a total of 40 hours per week. The applicant will be the only cosmetologist at the location.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-6 AHOD” Residential Single-Family Airport Hazard Overlay 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-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residence |
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South |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residence |
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East |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residence |
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West |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residence |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the Kelly/South San Pueblo Neighborhood Plan and is designated as Low-Density Residential in the future land use component of the plan. The subject property is not located within the boundary of a registered neighborhood association.
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 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 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 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 large 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 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.
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-17-030 for a period of four 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 has complied with all of the specific requirements established in the Unified Development Code for the special exception.