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January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY
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January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

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Page 1: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

January 8, 2008January 8, 2008

BCC PUBLIC HEARINGON

BZA #ZM-07-10-010, NOVEMBER 1, 2007

APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY

BCC PUBLIC HEARINGON

BZA #ZM-07-10-010, NOVEMBER 1, 2007

APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY

Page 2: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

BACKGROUNDBACKGROUNDCASE:CASE: ZM-07-10-010ZM-07-10-010

APPELLANT:APPELLANT: David and Jennifer FoleyDavid and Jennifer Foley

REQUEST:REQUEST: Appeal of the Zoning Manager’s determination in R-1A zone that:Appeal of the Zoning Manager’s determination in R-1A zone that:

1. Aviculture with associated aviaries is not permitted as 1. Aviculture with associated aviaries is not permitted as a principal use or accessory use in the R-1A zoning a principal use or accessory use in the R-1A zoning district; district;2. Aviculture with associated aviaries is not permitted as 2. Aviculture with associated aviaries is not permitted as a home occupation in the R-1A zoning district. a home occupation in the R-1A zoning district.

ZONING:ZONING: R-1AR-1A

TRACT SIZE:TRACT SIZE: 75 ft. x 119 ft.75 ft. x 119 ft.

LOCATION:LOCATION: East side of N. Solandra Dr., south of Old Cheney HighwayEast side of N. Solandra Dr., south of Old Cheney Highway

DISTRICT:DISTRICT: #3 (NOTE: County-wide application)#3 (NOTE: County-wide application)

Page 3: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

HISTORYHISTORY• Feb., 2007:Feb., 2007: Code Enforcement issues citation to appellant for Code Enforcement issues citation to appellant for

having enclosures without permitshaving enclosures without permits• April, 2007: April, 2007: Code Enforcement Board finds appellant in violation. Code Enforcement Board finds appellant in violation.

Has until June 17, 2007 to complyHas until June 17, 2007 to comply• June, 2007: June, 2007: Appellant removes the enclosures. Case closedAppellant removes the enclosures. Case closed• April-July: April-July: Appellant requests Zoning Manager’s determination Appellant requests Zoning Manager’s determination

on whether the raising and selling of exotic birds for on whether the raising and selling of exotic birds for financial gain is permitted from his homefinancial gain is permitted from his home

• July, 2007: July, 2007: Zoning Manager determines appellant’s use is Zoning Manager determines appellant’s use is commercial aviculture. Commercial aviculture not commercial aviculture. Commercial aviculture not permitted in single family zoning districtspermitted in single family zoning districts

• Aug., 2007:Aug., 2007: Appellant files appeal to BZAAppellant files appeal to BZA• Nov., 2007:Nov., 2007: BZA determines the use is commercial aviculture and BZA determines the use is commercial aviculture and

upholds Zoning Manager’s determinationupholds Zoning Manager’s determination• Jan., 2008:Jan., 2008: BCC public hearingBCC public hearing

Page 4: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

AERIALAERIAL

Page 5: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

ZONING MAPZONING MAP

Page 6: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

SITE PLANSITE PLAN

Page 7: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

SITE PHOTOGRAPHSITE PHOTOGRAPH

Page 8: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

APPLICANT’S BIRD APPLICANT’S BIRD ENCLOSURESENCLOSURES

Page 9: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

APPLICANT’S BIRD APPLICANT’S BIRD ENCLOSURESENCLOSURES

Page 10: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

WHY IS APPLICANT’S USE WHY IS APPLICANT’S USE CLASSIFIED AS COMMERCIAL CLASSIFIED AS COMMERCIAL

AVICULTURE?AVICULTURE?

WHY IS APPLICANT’S USE WHY IS APPLICANT’S USE CLASSIFIED AS COMMERCIAL CLASSIFIED AS COMMERCIAL

AVICULTURE?AVICULTURE?

• Sec. 38-1 Defines Commercial Sec. 38-1 Defines Commercial AvicultureAviculture

Page 11: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

DEFINITION OF COMMERCIAL DEFINITION OF COMMERCIAL AVICULTURE (PER ZONING CODE)AVICULTURE (PER ZONING CODE)

DEFINITION OF COMMERCIAL DEFINITION OF COMMERCIAL AVICULTURE (PER ZONING CODE)AVICULTURE (PER ZONING CODE)

Page 12: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

APPLICANT’S SALES APPLICANT’S SALES CONTRACTCONTRACT

Page 13: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

APPLICANT’S SALES APPLICANT’S SALES CONTRACTCONTRACT

Page 14: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

APPLICANT’S WEBSITEAPPLICANT’S WEBSITE

Page 15: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

APPLICABLE CODE APPLICABLE CODE REFERENCESREFERENCES

APPLICABLE CODE APPLICABLE CODE REFERENCESREFERENCES

1. Principal UsesPrincipal Uses2.2. Accessory UsesAccessory Uses3.3. Home OccupationHome Occupation

Page 16: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

PRINCIPAL USE PRINCIPAL USE SECTION 38-77, SECTION 38-77,

USE TABLEUSE TABLE

Page 17: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

PRINCIPAL USEPRINCIPAL USESec. 38-74(b)(1)Sec. 38-74(b)(1)

PRINCIPAL USEPRINCIPAL USESec. 38-74(b)(1)Sec. 38-74(b)(1)

“ “No primary use shall be permitted in a No primary use shall be permitted in a district unless the letter “P” or “S” district unless the letter “P” or “S” appears in the appropriate cell”appears in the appropriate cell”

Page 18: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

ACCESSORY USEACCESSORY USEACCESSORY USEACCESSORY USE

• Sec. 38-1 Defines Accessory Sec. 38-1 Defines Accessory Structure or UseStructure or Use

• Sec. 38-79 (114)(a), (b), (c) Sec. 38-79 (114)(a), (b), (c) outlines conditions for accessory outlines conditions for accessory usesuses

Page 19: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

DEFINITION OF ACCESSORY DEFINITION OF ACCESSORY STRUCTURE OR USESTRUCTURE OR USE

DEFINITION OF ACCESSORY DEFINITION OF ACCESSORY STRUCTURE OR USESTRUCTURE OR USE

Page 20: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

ACCESSORY USE SEC. 38-ACCESSORY USE SEC. 38-79(114) (a), (b), (c)79(114) (a), (b), (c)

ACCESSORY USE SEC. 38-ACCESSORY USE SEC. 38-79(114) (a), (b), (c)79(114) (a), (b), (c)

• Subsections (a), (b) – standards for Subsections (a), (b) – standards for accessory structure used for living accessory structure used for living purposespurposes

• Subsection (c) – standards for non-living Subsection (c) – standards for non-living accessory structure. Code outlines accessory structure. Code outlines examples of such uses:examples of such uses:

• Storage spaceStorage space• WorkshopWorkshop• ShedShed• carportscarports

Page 21: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

HOME OCCUPATIONHOME OCCUPATIONHOME OCCUPATIONHOME OCCUPATION

• Sec. 38-1 defines Home OccupationsSec. 38-1 defines Home Occupations• Sec. 38-79 (8) – restricts retail sales Sec. 38-79 (8) – restricts retail sales

as home occupationas home occupation

Page 22: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

DEFINITION OF HOME DEFINITION OF HOME OCCUPATIONOCCUPATION

DEFINITION OF HOME DEFINITION OF HOME OCCUPATIONOCCUPATION

Page 23: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

SEC. 38-79SEC. 38-79 HOME OCCUPATIONS HOME OCCUPATIONS

SEC. 38-79SEC. 38-79 HOME OCCUPATIONS HOME OCCUPATIONS

Page 24: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

SEC. 38-79 (8)SEC. 38-79 (8)HOME OCCUPATIONHOME OCCUPATION

SEC. 38-79 (8)SEC. 38-79 (8)HOME OCCUPATIONHOME OCCUPATION

“ “Retail sales shall be a permitted use, Retail sales shall be a permitted use, provided as follows: only paperwork provided as follows: only paperwork and phone work, no merchandise on and phone work, no merchandise on site, drop shipment only”site, drop shipment only”

Page 25: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

STAFF ANALYSIS STAFF ANALYSIS STAFF ANALYSIS STAFF ANALYSIS

• Applicant proposes to keep and sell exotic birds for Applicant proposes to keep and sell exotic birds for financial gain from an R-1A zoned residencefinancial gain from an R-1A zoned residence

• Applicant’s use is commercial avicultureApplicant’s use is commercial aviculture• Zoning Code does not permit commercial aviculture Zoning Code does not permit commercial aviculture

in R-1A zoning district, as principal use, accessory in R-1A zoning district, as principal use, accessory use or home occupationuse or home occupation

• County-wide implications County-wide implications

Page 26: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

BZA FINDINGSBZA FINDINGSBZA FINDINGSBZA FINDINGS

• Zoning regulations identified appellant’s Zoning regulations identified appellant’s use as commercial avicultureuse as commercial aviculture

• Zoning regulations do not permit Zoning regulations do not permit commercial aviculture in single family commercial aviculture in single family zoning districtszoning districts

• Appellant’s use is not a home occupation Appellant’s use is not a home occupation or accessory useor accessory use

Page 27: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

BZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATION

Uphold Zoning Manager’s determination in R-1A Uphold Zoning Manager’s determination in R-1A zone that:zone that:

1.1. Aviculture with associated aviaries is not Aviculture with associated aviaries is not permitted as a principal use or accessory use; permitted as a principal use or accessory use; andand

2.2. Aviculture with associated aviaries is not Aviculture with associated aviaries is not permitted as a home occupation.permitted as a home occupation.

(Unanimous vote)(Unanimous vote)

Page 28: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTED

ACTION REQUESTED:ACTION REQUESTED:

Uphold the Zoning Manager’s Uphold the Zoning Manager’s determination consistent with the determination consistent with the BZA recommendationBZA recommendation

Page 29: January 8, 2008 BCC PUBLIC HEARING ON BZA #ZM-07-10-010, NOVEMBER 1, 2007 APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY.

January 8, 2008January 8, 2008

BCC PUBLIC HEARINGON

BZA #ZM-07-10-010, NOVEMBER 1, 2007

APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY

BCC PUBLIC HEARINGON

BZA #ZM-07-10-010, NOVEMBER 1, 2007

APPLICANT/APPELLANT: DAVID and JENNIFER FOLEY