approval with conditions

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AGENDA ITEM: 9

CASE NUMBER: B.O.A. 21-111 (City) B.O.A MEETING: September 22nd, 2021 (Companion Case: S.U.P. 21-18)

LOCATION: 3744 Sturgeon Avenue (North side of Sturgeon Ave; +/-495 feet east of Robin Hood Lane)

OWNER/APPLICANT: Dr. Walker-Barnes, Tonya

REQUEST: Variance from Paragraph 2.6.2B(1) to allow a group day care home on a minor local street not within 150 feet on a major arterial street

AREA: 0.15 (6,534 sq. ft.)

EXISTING LAND USE & ZONING: One-story single-family structure in Residential Single Family (R-6) District

Staff Planner: Brian Bacchus Email: [email protected]

REQUIRED FINDINGS Pursuant to Section 9.22.6 of the Unified Development Code, the subject property does exhibit the following:

The findings of fact as listed in Paragraphs 9.22.6A (1) & (2) have been met and the property exhibits an extraordinary and exceptional situation in the location of the property being within the neighborhood along a loop street network with limited access and circulation.

CONCLUSIONS:

1. The owner/applicant has requested a special use permit application (S.U.P. 21-18) required by district zoning to allow a group day care home for five (5) to twelve (12) children in a home setting, but the application has been held by the Land Use Control Board since the August 2021 meeting, subject to a request for variance.

2. The property is however, located approximately 495 feet east of a connector street, Robin Hood Lane. A variance from the above use standard of the zoning code is necessary to locate the group day care home within the neighborhood prior to action by the Land Use Control Board.

3. A practical difficulty exists in the extraordinary and exceptional situation in the location of the property within the neighborhood along a loop street network with limited access and circulation. The loop street, Sturgeon Avenue allows for a one-way vehicular circulation in a counterclockwise direction from Elliston Road for the pick-up and drop-off of children.

4. The strict application of Paragraph 2.6.2B (2) of the zoning code on page 6 of the staff report results in an undue hardship upon the owner of the property. The creation of residential lots on a loop street network was not the result from any deliberate action by the owner/applicant.

DIVISION OF PLANNING & DEVELOPMENT RECOMMENDATION

Approval with Conditions

mailto:[email protected]

Staff Report B.O.A. 21-111 (City) September 22nd, 2021

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Planning Area


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Zoning (3744 Sturgeon Avenue)

Subject Property


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Land Use (3744 Sturgeon Avenue)

Surrounding Land Use & Zoning

North: Single family homes in ‘Miami’ subdivision in Residential Single Family (R-6) District.

East: Single family homes in ‘Highland View’ subdivision in Residential Single Family (R-6) District.

South: Single family homes in ‘Highland View’ subdivision in Residential Single Family (R-6) District.

West: Single family homes in ‘Highland View’ subdivision in Residential Single Family (R-6) District.

Subject Property


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3744 Sturgeon Avenue (August 2021-Photos)

Front Yard

Rear Yard

Front

Rear


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PUBLIC NOTICES: The Board of Adjustment Public Hearing Notices mailed Friday, September 10th, 2021.

STAFF ANALYSIS:

Site Description

The subject property is a lot or record containing 6,500 sq. ft. or more in ‘Highland View’ subdivision at the north side of Sturgeon Avenue, a minor local street fifty (50) feet in width. The site is occupied by a one-story single-family home built in 1955 with 840 sq. ft. of ground floor area with large rear yard space in the southeast area of the ‘Cherokee’ community of the City of Memphis. The current zoning of the parcel is Residential Single Family (R-6) District zoning. The property has approximately 40 linear feet of street frontage and approximately 130 feet of depth. The property has improved frontage with no curb, gutter and sidewalk, including street lamp posts along both sides of the street. The property does not appear to be encumbered by any major easements or utility lines.

Variance Request vs. Special Use The applicant is requesting a variance from Paragraph 2.6.2B (2) to allow a group day care home on a minor

local street that Is not within 150 feet of an arterial street in Residential Single Family (R-6) District zoning. The applicant has also requested a special use permit application (S.U.P. 21-18) required by the district zooning, but has been held by the Land Use Control Board since the August 2021 meeting for a group day care home to allow child care for five (5) to twelve (12) children in a home setting. The structure is limited in total square feet and total occupancy or total number of children which is subject to DHS child services.

The home will be utilized to its full capacity to accommodate the requirements for a group day care home

facility, including handicap accessibility. However, any handicap ramp should be located at the private drive side of the home to minimize visibility from the public street. The most important requirements for this request is a site plan illustrating the location of walkways, private drive, outdoor play area and a handicap ramp. The applicant should take the necessary precautions to preserve and maintain the residential character of the home due to its location within the neighborhood.

However, the location of the structure does not meet the Civic Use Standards of Paragraph 2.6.2B (2) of the

zoning code which states:

Group Day Care Home of 5-12 persons

‘The property shall be located on a connector street, on an arterial, or on a minor street that serves only nonresidential uses or zoning districts, or on a minor street within 150 feet (measured from the property line) of an intersecting arterial’.


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The subject property does not meet the civic use standard due to its location on minor local street more

than 150 feet west of an arterial roadway, Getwell Road. The property is however, located approximately 495 feet east of a connector street, Robin Hood Lane. A variance from this use standard of the zoning code is necessary to locate the group day care home within the neighborhood prior to action by the Land Use Control Board.

Although the proposal is requesting a variance, the site plan should be compatible and in character with

surrounding residential properties. The site plan as recommended by staff, addresses internal and external pedestrian and vehicle circulation, private drive, outdoor play area and handicap ramp accessibility, including emphasis on potential views from adjacent residential properties. The granting of this variance for the location of a group day care home by the Board of Adjustment shall be required before the application is considered by the Land Use Control Board.

A practical difficulty exists in the extraordinary and exceptional situation in the location of the property being

within the neighborhood along a loop street network with limited access and circulation. The loop street, Sturgeon Avenue would allow for one-way in and one-way out of the neighborhood to meet the requirement for pick-up and drop-off of children in a counterclockwise direction from Elliston Road. Therefore, the findings of fact have been met by reason of the exceptional condition found to apply above and the strict application of Paragraph 2.6.2B (2) of the zoning code on page 6 of the staff report results in an undue hardship upon the owner of the property. The creation of residential lots on a loop street network was not the result from any deliberate action by the owner/applicant. The location of the lot within ‘Highland View’ subdivision meets certain findings of fact as stated on page 8 of the staff report and a variance is warranted and supported as illustrated on the site plan.


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Consistency with Memphis 3.0

The Memphis 3.0 Comprehensive Plan does not make recommendations on variances to the zoning code regarding distance requirements for a group day care home (see companion case: S.U.P. 21-18).

Variance Criteria:

Staff agrees variance criteria as set forth in Unified Development Code Sub-Section 9.22.6A has been met.

9.22.6 Findings of Fact A(1) Unusual characteristics of the property. The property is unusual in that it exhibits at least one of

the following exceptional physical features as compared to other properties located in the same zoning district: exceptional topographic conditions, exceptional narrowness, exceptional shallowness, exceptional shape or any other extraordinary and exceptional situation or condition;

A(2) Practical difficulties or undue hardship. By reason of the unusual characteristics found to apply in Paragraph 1, the strict application of any regulation found in this Code would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of such property;

A(3) The unusual characteristic found to apply in Paragraph 1 is not the result from any deliberate action by the owner;

A(4) That a variance from the strict application of this Code may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of an adopted plan and this Code;

A(5) The requested variance will be in harmony with the purpose and intent of this development code and will not be injurious to the neighborhood or to the general welfare;

A(6) The variance is not granted simply because by granting the variance, the property could be utilized more profitably or that the applicant would save money.

Recommendation: Approval with Conditions

1. A non-use variance shall be permitted to allow a group day care home on a minor local street not within 150 feet of an arterial street as illustrated on the site plan and subject to Land Use Control Board review and approval of companion case S.U.P. 21-18.

2. The site plan as recommended by staff shall be the approved site plan and any changes or deviations to the site plan upon the determination of the Zoning Administrator shall be submitted to the Board of Adjustment for review and approval or administrative review and approval by Division of Planning and Development.


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Site Plan (3744 Sturgeon Avenue)

NOTE: North-Top of Page


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GENERAL INFORMATION: Street Frontage: Sturgeon Avenue-----------------------------------------------------------------------+/-40 linear feet. Zoning Atlas Page: 2240 Neighborhoods: Cherokee/Sherwood Forest Zoning History: The Residential Single Family (R-6) District zoning of the site date to the adoption of the

UDC in 2010 and date to the adoption of the 1980 zoning map amendments.

DEPARTMENTAL COMMENTS:

The following comments were provided by Inter-Governmental Agencies and Neighborhood Associations to which this application was referred: City Engineer:

• UDC Section 4.2.1 Required Sidewalk Repair: Existing sidewalk to be inspected for ADA compliance and rebuilt as necessary

• UDC Section 2.6.2: Need to provide plan showing drop-off and passenger loading area

• The existing residential driveway must be rebuilt to city commercial curb-cut standards.

• On street parking is not guaranteed.

Fire Services: No comments. Memphis & Shelby County Health Department:

Water Quality Branch: No comment. Septic Tank Program: No comment.

Shelby County Schools (SCS): No comments. Construction Code Enforcement: No comments. Memphis Light, Gas and Water:

MLGW has reviewed the referenced application, and has no objection, subject to the following conditions:

• It is the responsibility of the owner/applicant to identify any utility easements, whether dedicated or prescriptive (electric, gas, water, CATV, telephone, sewer, drainage, etc.), which may encumber the subject property, including underground and overhead facilities.

• No permanent structures, development or improvements are allowed within any utility easements, without prior MLGW written approval.

• It is the responsibility of the owner/applicant to comply with the National Electric Safety Code (NESC) and maintain minimum horizontal/vertical clearances between existing overhead electric facilities and any proposed structures.


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• Underground Utility separation and clearance: The subject property is encumbered by existing utilities which may include overhead and underground facilities. It is the responsibility of the owner/applicant to maintain a minimum 3-foot (3') separation between any existing underground service lines or utilities and any proposed permanent structure or facility. This separation is necessary to provide sufficient space for any excavations to perform service, maintenance or replacement of existing utilities.

• It is the responsibility of the owner/applicant to pay the cost of any work performed by MLGW to install, remove or relocate any facilities to accommodate the proposed development.

• It is the responsibility of the owner/applicant to contact TN-1-CALL @ 1.800.351.1111, before digging, and to determine the location of any underground utilities including electric, gas, water, CATV, telephone, etc.

• It is the responsibility of the owner/applicant to comply with Memphis/Shelby County Zoning Ordinance - Landscape and Screening Regulations.

• Street Trees are prohibited, subject to the review and approval of the landscape plan by MLGW Engineering. It is the responsibility of the owner/applicant to submit a detailed landscape plan to MLGW Engineering.

• Landscaping is prohibited within any MLGW utility easement without prior MLGW approval.

• It is the responsibility of the owner/applicant to pay the cost of any utility system improvements necessary to serve the proposed development with electric, gas or water utilities.

AT&T: No comment. Memphis Area Transit Authority (MATA): No comments. Memphis 3.0: No comment. Office of Resilience & Sustainability: No comment. Park Services: No comments. Emails or Letters in Support or Opposition: None as of date. Neighborhood Associations/Organizations:

Cherokee Ngh’d Association: No comments received as of 9/17/21. Sherwood Forest Ngh’d Assoc: No comments received as of 9/17/21.

B.O.A. 21-111 (City) 3744 Sturgeon Avenue Staff: BB

approval with conditions

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