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HomeMy WebLinkAboutZ-4360-A Staff AnalysisJanuary 9, 1997 ITEM NO.: 12 FILE NO.: Z -4360-A NAME: Holsted - Conditional use Permit LOCATION• 5411 "L" Street OWNER APPLICANT: Nancy and David Holsted PROPOSAL: A conditional use permit is requested to allow an accessory dwelling (second story garage apartment). The property is zoned R-2. ORDINANCE DESIGN STANDARDS: 1. Site Location: The site is located on the south side of "L" Street, approximately two blocks west of Kavanaugh Blvd. 2. CompatibilitSr with Neighborhood: The properties to the south, east and west contain single family residences. Prospect Terrace Park is located to the north, across "L" Street, with single family residences located further north. There are other similar garage and garage/apartment type structures in this general area. The proposed accessory dwelling should not have an adverse effect on the surrounding properties. The Prospect Terrace Neighborhood Association and the Hillcrest Residents' Association have been notified of the public hearing. 3. On -Site Drives and Parking: Access to the property is gained by utilizing the alley which runs along the west side of the property. Adequate parking will be provided to serve both dwellings. 4. Screening and Buffers: No comments January 9, 1997 SUBDIVISION ITEM NO.: 12 Cont. FILE NO.: Z- 4360-A 5. Public Works Comments: Repair of any curb and gutter or sidewalk that is damaged in the public right-of-way is responsibility of the property owner and would need to be facilitated prior to certificate occupancy. 6. Utility Comments: No Comments 7. Staff Analysis: The applicant is requesting a conditional use permit to allow for the construction of an accessory dwelling at 5411 "L" Street. The property is zoned R-2. In addition to the principal dwelling, the site currently contains a single -car accessory garage. Access to the garage is gained :by utilizing the alley which runs south Off of "L" Street, along the west side of the property. The applicant is proposing to expand the single -car accessory garage to a two -car garage with a second floor accessory dwelling (approximately 460 square feet). The applicant is proposing the accessory dwelling for his two children, while they are attending college and until they move out on their own. At that time, the applicant will convert the accessory dwelling to storage. The applicant has also stated that the accessory dwelling will not have separate utility meters. Given the restrictions placed on this application by the applicant, staff feels that it would be appropriate to also have a time limit placed on this application. A time limit would make it easier for staff to track the application. Therefore, staff will recommend that the application be limited to four (4) years. If, at the end of four years, Mr. and Mrs. Holsted continue to need the accessory dwelling for their children, they can file for an extension of the conditional use permit. Also, if the Holsted's sell the property within the four (4) years, then the conditional use permit will become invalid. All of the building setbacks and coverage meet or exceed ordinance requirements. Adequate parking will be provided on the site to serve both dwellings. Therefore, no variances are requested with this application. With the restrictions placed on this application by the applicant, the proposed accessory dwelling should not have an adverse effect on the neighborhood. 2 January 9, 1997 SUBDIVISION ITEM NO.: 12 Cont. FILE NO.: Z -4360-A 8. Staff Recommendation: Staff recommends approval of the conditional use permit subject to the following conditions: 1. Compliance with the Public Works Comments 2. The accessory dwelling will not have separate utilities. This condition was offered by the applicant. 3. The accessory dwelling will be a residence for Mr. and Mrs. Holsted's children only, while they are attending college. This condition was also offered by the applicant. 4. Staff recommends that the conditional use permit be limited to four (4) years. At the end of four (4) years the applicant can (if needed) file for an extension to the conditional use permit. Also, if the Holsted's sell the property within the four (4) years, then the conditional use permit will become invalid. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 12, 1996) David Holsted was present, representing the application. Staff gave a brief description of the proposal. Mr. Holsted stated that the accessory dwelling would not have separate utilities. After a brief discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (JANUARY 9, 1997) David Holsted was present, representing the application. There were two persons present in opposition to the item. Staff presented the item with a recommendation of approval as noted in the "staff recommendation." Jan Bowman spoke in opposition to the application. She stated that the proposed accessory dwelling would not be good for the neighborhood. She stated that the residential in the neighborhood was dense enough and a spot zoning action would be detrimental to the neighborhood. 3 January 9, 1997 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-4360=A There was a brief discussion regarding density issues and the restrictions placed on this application. David Holsted addressed the Commission in support of the application. He stated that he has decided that rather than move to request the accessory dwelling for his children. Commissioner Berry stated that it was his opinion that this type of accessory dwelling would be as asset to the neighborhood. Commissioner Hawn stated that the Zoning Ordinance supports this type of use. Commissioner McCarthy stated that this proposed accessory dwelling would not -hurt the integrity of the neighborhood. Jerry Sears addressed the Commission in opposition to the application. He stated the same reasons as Mrs. Bowman. After a brief discussion, a motion was made to approve the conditional use permit as recommended by staff. The motion was passed by a vote of 9 ayes, 0 nays and 2 absent. 4