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HomeMy WebLinkAbout1851-P DATE: October 16, 2006 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density) District. FILE: 1851-P STAFF REPORT The Planning Manager recommends denial of this request. Toya Miller is requesting a specific use permit to allow a beauty shop at 1598 Orange. The existing shop is located on the first floor of a two story building at the rear of the subject property. Ms. Miller lives in the house at this address. The shop has two chairs. Hours of operation are 9 a.m. - 8 p.m., Tuesday - Saturday. Typically, the last appointment is taken at 5:30 p.m. Ms. Miller states that she is the only full-time employee. However, she occasionally has a part-time person wash hair. The operation of this beauty shop was first reported to Planning staff in July, 2006. Upon investigation, Ms. Miller was informed that a specific use permit was required for her to operate at this location. This neighborhood is currently zoned RM-H (Residential Multiple Family-Highest Density) District. The subject property is located in an area that is, for the most part, single family residential in nature. There are a number of historic houses in the area. A zoning study may be warranted to determine if RS (Residential Single Family Dwelling) District zoning is more appropriate. To introduce commercial uses into this neighborhood may be detrimental to its stability. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-3 and the S 2 of Lot 4, Block 21, Ogden Addition, City of Beaumont, Jefferson County, Texas, containing 0.56 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) Application Application is in is not in Comments Compliance Compliance Attached CONDITIONS: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; X X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and X X 8. That the proposed use is in accordance with the Comprehensive Plan. X X ANALYSIS continued This application is in conformance with three of the eight conditions necessary for approval. Comments on Conditions 1, 4, 7 and 8 follow: 1. This neighborhood, while zoned RM-H, is basically stable single family residential and mostly free from incompatible land uses. To introduce a commercial use into the neighborhood would not be appropriate. A zoning study should be done for this area to determine if the RM-H zoning should be changed to RS. 4. The minimum driveway width is 20'. The existing driveway width is 12.5' or less. A disabled parking stall would be required. None is provided. 7. An 8' tall wood screening fence and a 10' wide landscape strip are required along the north and west property lines. A 6' tall wrought iron fence surrounds the property. Neither property line has a 10' wide landscape strip. The applicant is requesting a modification to the landscaping/screening requirements to allow current conditions. 8. The Comprehensive Plan designates this area as a A Conservation/Revitalization Area @. As such, these areas tend to experience influences such as incompatible land uses, dilapidated and derelict structures and deteriorating infrastructure. Immediate actions are needed to prevent continued deterioration and to reverse and repair these conditions. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Toya Miller PROPERTY OWNER: Same LOCATION: 1598 Orange Street EXISTING ZONING: RM-H (Residential Multiple Family Dwelling-Highest Density) District PROPERTY SIZE: 0.56 acres, more or less EXISTING LAND USES: Residential, beauty shop FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM-H (Residential Multiple Family Dwelling-Highest Density) District EAST: Residential RM-H SOUTH: Residential RM-H WEST: Residential RM-H COMPREHENSIVE PLAN: Conservation/Revitalization OTHER PHYSICAL FEATURES: None STREETS: Orange Street - Local street with a 60' wide right-of-way and a 30' pavement width; Irma Street - Local street with a 60' wide right-of-way and a 27' pavement width DRAINAGE: Curb and gutter WATER: 2" and 20" water lines SANITARY SEWER SERVICE: 8" and 12" sanitary sewer lines PROPERTY OWNERS TORRES POLLIE DEAN TOYA JEAN SIMPSON MILLER JENNIE M ANGELL JOSEPH LAND MANOR INC SIMPSON TRUSTEE DAVID BIENVENUE LOTTIE B JOHNSON THOMAS F BROWN MARSENA A BOOKER JERRY MAE MAYFIELD LORRAINE & ALICE GUSSMAN VICTOR M GONZALEZ GONZOLO TORES JR KIMBERLY PHAM GONZOLO JR & BELINDA RAFAEL Z AVILA LAND MANOR INC JOSE LUIS HERNANDEZ % LEE R HERVEY YELLOW TONY SR & SAMANTHA HALL ROSE PROP MGMT COLEMAN