Annette Wolters will have to try again if she wants a hair-salon business in her home on the 200 block of Clay Street in Nevada City.
Her bid for a home-occupancy permit was denied Thursday night when the Nevada City Planning Commission voted 2-2 in a motion to reject the permit.
Commissioners Robert Bergman and Dix Sullivan voted for the motion, while commissioners John Parent and Evan Phelps opposed it before a group of vocal neighborhood opponents.
Commissioner Greg Wolters, the husband of the applicant, recused himself from the vote.
Though Wolters' application met the standards of the home-occupancy permit, she failed to convince neighbors and the two commissioners that her business would be a good fit for the neighborhood.
Letters sent to the city planner's office echoed sentiments expressed at Thursday night's meeting: The business will bring unwanted traffic to the neighborhood, threatening the safety of children; the street has inadequate parking; it could hurt property values; the proposed sign is offensive; and the city lacks the resources to effectively enforce the ordinance.
In her permit application, Wolters asked for a 2-foot-square sign that would be placed on the house. She said she would serve no more than three clients per day on Tuesdays, Wednesdays and Thursdays.
A home-occupancy permit "requires a discretionary approval" by the commission, Bergman said Friday; he is vice chairman of the commission.
The "core issue" in a case like this is whether the business "would significantly change the character of the neighborhood," Bergman said, adding that he had talked to several neighbors while campaigning in his bid for a City Council seat in the June 3 election.
Concerns about property values and additional traffic in a residential neighborhood were legitimate, Bergman added.
"Based on what I have heard to date, I believe the neighborhood concerns were significant enough to outweigh the merits of the application," he said.
The next move is up to Wolters, City Planner Cindy Siegfreid said. She can either address the neighbors' concerns and apply for the permit again or withdraw her application.
If the Planning Commission rejects her application for the permit a second time, she has the option of appealing the decision to the City Council.
Wolters was unavailable Friday to comment on her plans.
To contact Staff Writer Pat Butler, e-mail
pbutler@theunion.com or call 477-4239.