I. GENERAL INFORMATION A. APPLICANT: Desiree Burke 2104 Sunburst Dr. Papillion, NE 68046 B. PROPERTY OWNER: Liam Burke 2104 Sunburst Dr. Papillion, NE 68046 C. LOCATION: 2104 Sunburst Dr. D. LEGAL DESCRIPTION: Lot 219, Grandview CITY OF PAPILLION PLANNING COMMISSION STAFF REPORT MARCH 23, 2011 AGENDA DESIREE BURKE S SALON LOT 19, GRANDVIEW SPECIAL USE PERMIT SUP-11-0002 E. REQUESTED ACTION: Approval of a Special Use Permit to allow a Beauty Salon as a homebased business. A Special Use Permit is required for a Beauty Salon as a home-based business use per 205-208 A(6)(a). F. EXISTING ZONING AND LAND USE: The property is zoned R-2 (Medium Density Residential) and is developed with a single-family residence. G. SIZE OF SITE: Approximately 0.27 acres II. BACKGROUND INFORMATION A. COMPREHENSIVE PLAN SPECIFICATIONS: The Comprehensive Plan specifies the area as Medium Density Residential. B. EXISTING CONDITION OF SITE: The site is developed with a single-family residence.
2 C. GENERAL VICINITY AND LAND USE: All adjoining lots are zoned R-2 (Medium Family Residential). D. RELEVANT CASE HISTORY: In 2003, Grandview was platted. In October 2010, City Council approved a Special Use Permit for a beauty salon located on Lot 201, Grandview. E. APPLICABLE ORDINANCES AND REGULATIONS: Zoning Regulations and Comprehensive Plan. III. ANALYSIS AND DEVELOPMENT ALTERNATIVES STAFF COMMENTS: A. REQUEST: 1. This is a request for a special use permit to allow a Beauty Salon as a home-based business. 2. The applicant is proposing to operate a single chair salon by appointment only three to four days per week. B. LAND USE/COMPREHENSIVE PLAN: 1. The request is consistent with the Comprehensive Plan. The primary use of the site will continue to be single-family residential. C. GENERAL: 1. Home-based businesses are encouraged by the Zoning Regulations provided that they meet the requirements of 205-208A, which are: i. External effects. a) There shall be no change in the exterior appearance of the building or premises housing the home occupation. The proposed addition of a door, patio, and sidewalk to the exterior of the single-family residence maintain the residential appearance of the structure. b) No noise, odors, bright lights, electronic interference, storage or other external effects attributable to the home occupation shall be noticeable from any adjacent property or public right-of-way. The salon operations will be conducted within the single-family residence. c) The home occupation shall be carried on entirely within the principal residential structure and/or within a detached accessory structure approved by the city in accordance with these zoning regulations. All external effects criteria in Subsection A(1)(a), (b), (d), (e), (f) and (g) of this section are applicable for the detached accessory structure. Signage is not allowed upon the March 23, 2011 Planning Commission SUP-11-0002
3 detached accessory structure. The salon operations will be conducted within the single-family residence. d) Mechanical or electrical equipment supporting the home occupation shall be limited to that which is selfcontained within the structure and normally used for office, domestic or household purposes. The applicant is not proposing to add any mechanical or electrical equipment. e) No outdoor storage of materials or equipment used in the home occupation shall be permitted, other than motor vehicles used by the owner to conduct the occupation. Parking or storage of heavy commercial vehicles to conduct the home occupation is prohibited. Heavy commercial vehicles include trucks, tractor cab units, trailers over 20 feet in length, or any vehicle over 10 tons gross empty weight. Open trailers under twenty feet in length must have contents covered overnight. The applicant is not proposing any outdoor storage or parking of heavy commercial vehicles. f) Overnight parking of more than two motor vehicles or trailers used by the owner to conduct the home occupation is prohibited. For example, the combination of one truck and one trailer would equal the maximum permitted number of vehicles permitted to park overnight. The applicant will be the sole employee so overnight parking for any vehicle other than the applicant s is not proposed. g) No home occupation shall discharge into any sewer, drainageway or the ground any material which is radioactive, poisonous, detrimental to normal sewer plant operation or corrosive to sewer pipes and installations. Per the Public Works Director, the discharges from the proposed salon should not pose a hazard to the sewer system. ii. Employees. The home occupation shall employ no more than one full-time or part-time employee on site other than the residents of the dwelling unit, provided that one off-street parking space in addition to those otherwise required by the residential use is made available and used by that nonresident employee. The applicant will be the sole employee. iii. Extent of use. For all residential and agricultural zoning districts, a maximum percent floor area of 30% of the dwelling may be devoted to the home occupation, inclusive of any detached accessory structures used for the home occupation. The proposed salon will not exceed 150 square feet of the total 3956 square foot home (less than 4%). iv. Signage. Signage designating the home occupation is considered a residential sign for the purpose of this ordinance. Within residential zoning districts, one sign with a maximum of March 23, 2011 Planning Commission SUP-11-0002
4 two square feet is permitted to identify the home occupation. Signage is not shown on the site plan. The applicant may have a sign up to two square feet. v. Traffic generation. a) Home-based businesses may generate no more than 20 vehicle trips per day, or approximately twice the average trip generation of a housing unit according to the Institute of Transportation Engineers. Peak-hour traffic generation may not exceed 10 vehicle trips. Pick-ups or deliveries involving trucks, trailers or commercial vehicles shall not exceed ten individual trips daily. The applicant has been advised that the number of vehicle trips must fall within this regulation. If the vehicle trips exceed the allowance, the City reserves the right to revoke the special use permit. b) Deliveries or service by commercial vehicles or trucks over 10 tons gross empty weight is prohibited for any home-based business located on a local street. The applicant has been advised of this regulation. 2. The applicant shall provide one off-street parking stall for customer use during the salon operating hours. The applicant s existing driveway meets this requirement. 3. The applicant is requesting that the special use permit not be subject to renewal given the financial investment required to remodel the house for the salon. The Planning Department has no objection to this request. 4. The Chief Building Official s letter, dated 1/19/11, is attached and considered a part of this staff report. As indicated in the letter, appropriate permits must be obtained through the Building Department and Planning Department. Approval of the special use permit does not constitute approval of construction or occupancy. IV. RECOMMENDATION Approval based on: 1. The proposed land use is consistent with the Comprehensive Plan. 2. The proposed land use is generally compatible with the surrounding uses. The recommendation for approval is contingent upon resolution of the following: 1. The special use permit is not transferrable to the next property owner. 2. The applicant shall provide one off-street parking stall for customer use during salon operating hours. 3. Approval of the special use permit does not constitute approval of construction or occupancy. V. COPIES OF REPORT TO: Applicant March 23, 2011 Planning Commission SUP-11-0002
5 Public upon request VI. ATTACHMENTS: Application Site Plan Chief Building Official Letter Aerial Report prepared by: Mark Stursma, Planning Director March 23, 2011 Planning Commission SUP-11-0002
Big Sky Dr Schram Rd Port Royal Dr Stillwater Dr Port Royal Cir Broadwater Dr Area of Application Sand Hills Dr Glacier Dr Sunburst Dr White Pine Dr Salon (2104 Sunburst Dr.) SUP-11-0002 /