Case Planner s Comments: The subject property is located off of Tanner Drive in the South Oaks Subdivision.

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1 Case 1919 Applicant: Request: Location: Zoning: Suzanne LaCrosse Special Exception for a Home Occupation 336 Tanner Drive R-E Residential Estate Surrounding Zoning: R-E Residential Estate Zoning Past Zoning History: The South Oaks Subdivision was annexed into the City of Oxford in 2007 and zoned (R-E) Residential Estate at that time. Planner s Comments: The subject property is located off of Tanner Drive in the South Oaks Subdivision. This case is being heard at the request of code enforcement, after the second time the applicant appeared before Judge Little for violating the home occupation ordinance, he made it a condition that Ms. LaCrosse apply for a home occupations permit within 45 days. Please find attached the court documents. The applicant is requesting a special exception to answer phones and send s to dispatch for her company Angel Taxis. Ms. LaCrosse has agreed to not having taxis or limousines in the neighborhood. If Ms. La Crosse s personal vehicle is a limousine it is staff s concern that she cannot meet the requirements of Section nor the definition of Home Occupation below: Home occupation: Any occupation or profession carried on by a family residing on the premises which is clearly incidental and secondary to the use of the dwelling unit, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings. See home occupation regulations, section 156 Sec Home occupation Regulations. Home occupations, permitted in any A, C-E, R-E, R-A, R-1A, R-B, or R-C District shall be allowed only as a special exception and must meet the following limitations: 1

2 1. A certificate of zoning compliance is required. 2. Home occupations shall not be carried out in more than 25 percent of the total dwelling building area, not to exceed 500 square feet. 3. There shall be no external evidence of the use except that one sign a maximum of one square foot in size shall be permitted. 4. No goods or merchandise shall be sold or offered for sale on the premises, which are not produced on the premises. 5. Certificate of zoning compliance may be terminated by the Oxford planning commission after due notice and public hearing thereon. 6. There shall be no employment of help other than members of the resident family. 7. The use shall not generate pedestrian or vehicular traffic beyond that reasonable to the district. 8. There shall be no use of utilities or community facilities beyond that reasonable to the use of the property for residential purposes. 9. Commercial vehicles used in conjunction with a home occupation shall be parked behind the front building line of the principal structure. 10. The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, the uses specified below shall not be permitted as home occupations: a. Minor or major auto repair. b. Barber shop. c. Beauty parlors. d. Carpentry work. e. Dance instruction. f. Dental offices. g. Massage parlors. h. Medical offices. i. Painting of vehicles, trailers, or boats. j. Photo studios or processing. k. Private schools with organized classes. l. Small engine repairs. m. Television repair. n. Upholstering. o. Welding shops. p. Other similar uses. q. Reserved. r. Reserved. 2

3 11. The following list of uses may be considered home occupations if, after being reviewed by the planning commission, it is determined that the operation of the use will not have an adverse effect on the surrounding neighborhood. a. Bed and breakfast (Permitted as a special exception in the R-B Two-Unit Residential District and R-C Multi-Unit Residential District). b. Consulting services. c. Contracting. d. Dental technician with laboratory. e. Drafting and graphic service. f. Gardening, landscape maintenance. g. Home crafts (including ceramics with kiln up to six cubic feet). h. Housing cleaning service. i. Jewelry, jewelry manufacture. j. Laundry, ironing service. k. Swimming pool cleaning. l. Reserved. Ms. LaCrosse was taken to court by the City to stop operating Angel Taxi in a residential zoning district. There are no letters of support to date from the neighborhood in this case so the Board my need to consider not approving the request. Should the request for a special exception be denied, Ms. LaCrosse would be required to move her business to a business location in Oxford or out of our jurisdiction. The other issues included that must be addressed are having non-family members including a border that is a taxi driver who parks his vehicle at the home. There are also two limousines currently stored at the home. If there were not multiple violations of the Ordinance in this case the Board could concern a probationary period. Recommendation: Should the Board of Adjustment find that with conditions the requirements of the Ordinance allowing a home occupations can be met while the concerns and protection of the neighborhood are addressed. Please find below conditions that may be use should you find that a probationary home occupation is suitable in this case: 1. The special exception shall be granted for only dispatch of Angel Taxi from the address in no more 500 square feet of the heated floor area of the home 3

4 a. No taxi or limousine shall be stored or be on the premises at 336 Tanner Drive b. No employees of Angel Taxi shall drive taxis to the home or be at the home for any business related reason. c. No employees accept family members shall reside or work from the home. d. No borders of any kind shall live in the home. The property is zoning Residential Estate and the use is for a single family home. 2. Granting of the special exception will not adversely affect the public interest. a. Because of previous conflicts with the neighborhood while operating Angel taxi from this home staff believes that additional conditions are needed: i. Limiting the home occupation for six months probationary period expiring on June 8, 2015 when Ms. LaCrosse will have to stand before the Board for the probationary period to be lifted or the home occupation permit revoked. ii. Ms. LaCrosse may return to the Planning Commission in June to renew her permit with no limitation if Ms. LaCrosse upholds the conditions of the permit listed above. However, at any time during the six month period if code enforcement officer Johnny Sossman and the Planning staff find that applicant has violated the conditions of the home occupation permit than a hearing will be held before the Board of Adjustment to revoke the special exception for the home occupation. iii. If the conditions are not met then the Planning Commission may revoke the Home Occupation and Ms. LaCrosse must operate her business in a business zoning district in the City of Oxford but will no longer be allowed to dispatch or have a home occupation at 335 Tanner drive. If you have additional questions, or need further clarification please contact me. 4

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