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HomeMy WebLinkAboutZ-5147 Staff AnalysisFebruary 21, 1989 SUBDIVISIONS Item No. 10 Name: Grant Street Apartments Conditional Use Permit (Z-5147) Location: The south side of "H" Street between North University and Buchanan Street Owner/Applicant: Proposal: Peyton E. Rice To construct a two-story four -unit apartment house (3,952 +/- square feet) on 0.39 acres of land that is zoned 110-3.19 Ordinance Desitin Standards: 1. Site Location Adjacent to a 20 foot wide alley (east) and two residential streets ("G" and Grant Streets) that are legally open but physically closed. 2. Compatibility with Neighborhood The site is abutted by apartments (8 units) to the north, vacant land to the south, a duplex to the east (side yard relationship of a converted garage located in a single family rear yard), and a commercial use to the west (school supply). The proposed use wi I I be compatible with the surrounding area. 3. On-site Drives and Parking The proposal contains access from an existing 20 foot alley and eight parking spaces. 4. Screening and Buffers The applicant is proposing to use the existing trees and shrubs as landscaping (the site is heavily wooded along the creek west and south). February 21, 1989 SUBDIVISIONS Item No. 10 5. Analysis The Staff feels that the proposed use will not have an adverse impact on the surrounding area. Due to floodway and site restrictions, the applicant is requesting a side yard variance (10 feet required - 4 feet provided) and a rear yard variance (15 feet required - 7 feet provided). The Staff has no problem with the proposed 6 foot side yard and 8 foot rear yard variance. 6. City Engineering Comments (1) Secondary access to the site could be provided via "G" Street and the alley, if necessary; (2) Construct a 20 foot alley (pavement width) south to the southernmost paved parking area; (3) Comply with Stormwater, Detention and Excavation Ordinance requirements; and (4) Dedicate floodway to the City. 7. Staff Recommendation Approval of the conditional use permit including the 6 foot side yard and 8 foot rear yard variance requests provided the applicant agrees to comply with City Engineer comments numbered one through four. SUBDIVISION COMMITTEE REVIEW: The applicant was present and agreed to comply with Staff recommendations with the exception of dedicating the floodway to the City. He stated that he did not wish to give that much of his site away, given the possibility that the City might clear it. The Committee told the applicant that the requirement to dedicate the floodway was a Board of Directors' policy requirement and that he would have to appeal the conditional use permit to the Board to obtain any possibility of relief from the dedication provision. The Staff stated that the applicant could meet with the City February 21, 1989 SUBDIVISIONS Item No. 10 Engineer and discuss the possibility of dedicating an easement rather than the land itself. The applicant stated that he would meet with the City Engineer but that he felt like he did not want to dedicate the land or an easement on the land. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The Staff stated that the City Engineer and the applicant had reached an agreement regarding the issue of floodway dedication and, subsequently, recommended approval subject to the said agreement. The City Engineer stated that the floodway was protected in that it was technically zoned floodway and that he and the applicant had agreed that he would provide an easement which would allow a radius at the southwest corner of the property encompassing the creek bank. The Commission stated that it was satisfied that an agreement had been reached, but it felt that the issue of waiving part of the floodway dedication was a Board of Directors' policy. The Commission then voted 7 ayes, 0 noes, 2 abstentions (Oleson; Riddick) and 2 absent to approve the application as recommended by the Staff, reviewed by the Subdivision Committee and agreed to by the applicant, subject to Board of Directors' approval of the partial floodway dedication as outlined by the City Engineer.