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HomeMy WebLinkAboutZ-4531 Staff AnalysisSeptember 24, 1985 Item No. 5 - Z-4531 Owner: Claudia Campbell Applicant: Same Location: 2717 Boulevard Request: Rezone from "C-3" to "R-5" Purpose: Accessory Apartment Size: 0.16 acres + _ Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-3" South - Single Family, Zoned "C-3" East ' - Single Family, Zoned "R-3" West - Single Family, Zoned "C-3" PLANNING CONSIDERATIONS: 1. This rezoning request is before the Planning Commission as a request of an action by the City. The construction of an accessory apartment was initiated prior to getting the necessary permits, and when an attempt was made to secure a permit, the builder was informed that the property was not zoned for the proposed use. Because of the two living units being detached, an "R-5" reclassification is necessary. The "R-4" Two Family District is for a structure that has two units under one roof. The property is located at the intersection of West 28th and Boulevard that has four lots zoned "C-3" at the northeast and northwest corners, including this site. All four lots are occupied by single family residences which is the primary land use in the area with the exception of a large park and school. There is no multifamily zoning or use in the immediate vicinity. 2. The site is a typical residential lot with two structures on it. September 24, 1985 Item No. 5 - Continued 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. Parking requirements must be met. No other adverse comments have been received. 5. There are no legal issues. 6. There is no documented neighborhood position or history on this site. Staff has received some calls in opposition to this rezoning request. 7. This' -,location is in the Oak Forest Neighborhood Plan area, which identifies this part of the neighborhood for continued single family use. The plan does not recognize or endorse the existing "C-3" locations which this lot is part of. Staff's position is that the "C-3" zoning is misplaced and should be removed from the immediate area because some of the permitted uses could have a very adverse impact on the neighborhood. The area is residential nature and could possibly accommodate a mix of single family residences and lots with two units as is proposed with this application. In this situation, "R-5" is not desirable because of the potential of more units and not providing for additional review. Because of the character of the area and to ensure that the project•be restricted to the two proposed units, staff suggests that the request be submitted as "PRD." This would also ensure that proper parking is being provided and address any other issues. The proposal would remove one of the "C-3" lots from the immediate neighborhood which staff views as being very positive, and a "PRD" approach is the most reasonable. STAFF RECOMMENDATION: Staff recommends that the application be converted to a "PRD" request. PLANNING COMMISSION ACTION: The applicant was represented by Gene Wheat. There was one objector present. Mr. Wheat explained that he was a contractor on the job and that the subcontractor who did the work had not obtained the necessary building permit. Mr. Wheat also described the construction which involved converting an existing garage to an accessory apartment. September 24, 1985 Item No. 5 - Continued John Golden then spoke in opposition to the request and discussed at length the permit issue. He said that another lot in the immediate area had a similar situation, and he was concerned that this could affect property values. There was a long discussion about utilizing the "PRD" approach to allow the two units only. Brad Walker, an attorney, then spoke and agreed to amending the request to "PRD." The Planning Commission voted to recommend approval of "PRD" with the applicant understanding that a site plan must also be approved by the Planning Commission. The vote - 9 ayes, 0 noes and 2 absent. September 24, 1985 Item No. 5 - Z-4531 Owner: Claudia Campbell Applicant: Same Location: 2717 Boulevard Request: Rezone from "C-3" to "R-5" Purpose: Accessory Apartment Size: 0.16 acres + Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-3" South - Single Family, Zoned "C-3" East - Single Family, Zoned "R-3" West - Single Family, Zoned "C-3" PLANNING CONSIDERATIONS: 1. This rezoning request is before the Planning Commission as a request of an action by the City. The construction of an accessory apartment was initiated prior to getting the necessary permits, and when an attempt was made to secure a permit, the builder was informed that the property was not zoned for the proposed use. Because of the two living units being detached, an "R-5" reclassification is necessary. The "R-4" Two Family District is for a structure that has two units under one roof. The property is located at the intersection of West 28th and Boulevard that has four lots zoned "C-3" at the northeast and northwest corners, including this site. All four lots are occupied by single family residences which is the primary land use in the area with the exception of a large park and school. There is no multifamily zoning or use in the immediate vicinity. 2. The site is a typical residential lot with two structures on it. September 24, 1985 Item No. 5 - Continued 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. Parking requirements must be met. No other adverse comments have been received. 5. There are no legal issues. 6. There is no documented neighborhood position or history on this site. Staff has received some calls in opposition to this rezoning request. 7. This location -is in the Oak Forest Neighborhood Plan area, which identifies this part of the neighborhood for continued single family use. The plan does not recognize or endorse the existing 11C-3" locations which this lot is part of. Staff's position is that the "C-3" zoning is misplaced and should be removed from the immediate area because some of the permitted uses could have a very adverse impact on the neighborhood. The area is residential nature and could possibly accommodate a mix of single family residences and lots with two units as is proposed with this application. In this situation, 11R-5" is not desirable because of the potential of more units and not providing for additional review. Because of the character of the area and to ensure that the project be restricted to the two proposed units, staff suggests that the request be submitted as "PRD." This would also ensure that proper parking is being provided and address any other issues. The proposal would remove one of the "C-3" lots from the immediate neighborhood which staff views as being very positive, and a "PRD" approach is the most reasonable. STAFF RECOMMENDATION: Staff recommends that the application be converted to a "PRD" request. PLANNING COMMISSION ACTION: The applicant was represented by Gene Wheat. There was one objector present. Mr. Wheat explained that he was a contractor on the job and that the subcontractor who did the work had not obtained the necessary building permit. Mr. Wheat also described the construction which involved converting an existing garage to an accessory apartment. September 24, 1985 Item No. 5 - Continued John Golden then spoke in opposition to the request and discussed at length the permit issue. He said that another lot in the immediate area had a similar situation, and he was concerned that this could affect property values. There was a long discussion about utilizing the "PRD" approach to allow the two units only. Brad Walker, an attorney, then spoke and agreed to amending the request to "PRD." The Planning Commission voted to recommend approval of "PRD" with the applicant understanding that a site plan must also be approved by the Planning Commission. The vote - 9 ayes, 0 noes and 2 absent.