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Z-5695 Staff AnalysisJuly 27; 19,93 ITEM NO, C FILE Z - DAME : Courtney Accessory Dwelling - Conditional Use Permit OCATIQN: 9001 Mabelvale Cut -Off ,,�WNER/APPLTCANT: Fonda Courtney PROPOSAL: A conditional use permit is requested to allow for the placement of a 16 foot by 76 foot manufactured home on this R-2 zoned property to be used as an accessory dwelling. QRDINANCE-DESIGN STANDARDS: 1. Site Location The site is a .75 acre tract located at the southwest corner of the intersection of Mabelvale Cut -Off and Shiloh Drive. 2. Compatibility with Nei___ghborhaod The adjacent neighborhood is exclusively single family in nature. There are several single family homes on large tracts of land and a large subdivision of single family homes on typical residential lots nearby. Morehart Park is located across Mabelvale Cut -Off, to the northwest. After reviewing the applicant's proposal, staff feels that allowing a 1,216 square foot structure to be used as an accessory dwelling on this lot, would in effect, be allowing two principal dwellings on a single lot and is not compatible with the neighborhood. 3. Qn-Site Drives -and Parkin_ The property is currently served by two driveways, one off of Mabelvale Cut -Off serving the principal structure and one off of Shiloh Drive which accesses the rear of the property. 4. Screening and Buffers None required July 27, 1993 ITEM NO,; G (Cont.). FILE NC.: Z_�_�95 5. i En in r Qommento Dedicate right-of-way and contribute in lieu for Mabelvale Cut -Off improvements. After further review and consultation with the City Attorney's Office, it was determined that it is inappropriate to ask for either right-of-way dedication or in lieu contributions in this case. 6. ptility Comments Little Rock Wastewater Utility states a sewer main extension is required with easements. Little Rock Water Works states a separate water meter is required for water service to the accessory dwelling, unless approval of an exception is obtained by the Arkansas Department of Health. 7. Analysis The applicant proposes to place a 16 foot by 76 foot manufactured home on the rear of her property to be used as an accessory dwelling which will be occupied by her daughter. The principal dwelling, currently on the site, is approximately 1,223 square feet in size. The proposed accessory dwelling will be 1,216 square feet in size. The ordinance defines an "accessory dwelling" as a self-contained living unit in a detached structure, subordinate in both land coverage and gross floor area to the principal dwelling on the lot. The proposed accessory dwelling does not conform to this definition and staff does not support the application. S. Staff Recommendation Staff recommends denial of the application to use a 16 foot by 76 foot manufactured home as an accessory dwelling in that the proposed structure is not subordinate in either land coverage or gross floor area to the principal dwelling on the lot. �gBDIVISION CQMMITTEE COMMENT: (JUNE 24, 1993) The applicant, Fonda Courtney, was present. Staff presented the item and explained their opposition to the proposal based on the size of the proposed accessory dwelling in relationship to the size of the existing principal dwelling. Ms. Courtney explained that her daughter currently owned the manufactured home in question and was living outside of the City of Little Rock. 2 July, 27, 1993 ITEM NO.: C� (Cont;.) FILE NO_- Z-5695, Ms. Courtney went on to explain that there are several small structures on the back portion of her property which were previously used in her husband's construction business. She explained that these structures would be removed and that the manufactured home would be placed in basically the same location that the structures currently occupy. A committee member asked if Ms. Courtney had received any feedback from adjacent neighbors concerning the proposed accessory dwelling. She responded that she had spoken with her neighbors and that they were not in opposition to the proposal. After a brief discussion, the Committee then forwarded this item to the full Commission for final resolution. PLANNING _COMMISSION _ACTION: (JULY 13, 1993) The applicant was not present. There were no objectors present. Dana Carney, of the Planning staff, informed the Commission that Ms. Courtney did not receive the required list of property owners from the abstract company in time to mail the 15 day notices and she has written, requesting that this item be deferred to the July 27, 1993 Commission meeting. As part of the Consent Agenda, this item was deferred to the July 27, 1993 Commission meeting. The vote was 10 ayes, 0 noes and 1 absent. PLANNING CGMMYSSIGN ACTIQI: (JULY 27, 1993) The applicant, Fonda Courtney, was present. There were no objectors in attendance. Ms. Courtney said that she has an acre of land, and the request was to allow her daughter to place a mobile home in the rear of the lot. Ms. Courtney told the Commission that the unit would not be very noticeable because of the location and plantings around the yard. She went on to describe the area for the mobile home and said one accessory structure had been removed and other ones would be relocated. Ms. Courtney said that the mobile home would need to be on the property for an indefinite period of time. There was some discussion about other options for allowing the mobile home, the depth of the lot and possibly restricting the use of the unit to family members. Fonda Courtney spoke again and said she did not object to placing some restrictions on the unit. 3 July, 27, 1993 ITEM(Cont.)FILE N Z -- Stephen Giles, Deputy City Attorney, made some comments about deed restrictions and filing the conditional use permit with the deed records. Discussion then continued on various issues, including restricting the use. A motion was made to grant the conditional use permit with the condition that the use of the accessory dwelling be limited to family members and the restriction be filed for record (as part of the deed). The motion passed by a vote of 7 ayes, 1 nay and 3 absent. (There was some discussion after the vote about the size limitation for accessory dwellings, and including something in the 1994 amendment package.) 4