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HomeMy WebLinkAboutZ-5746 Staff AnalysisNoveml ier 16, 1993 ITEM NO.: 18 FILE NO.: Z-5746 NAME: LOCATION• OWNER/APPLICANT: PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Loc tion Snell Manufactured Home - Conditional Use Permit 1200 White Road Robert D. Snell A conditional use permit is requested to allow for the removal of an existing, single -wide mobile home and the placement of a 27 foot by 76 foot multisectional, manufactured home on this R-2 zoned, 1.9 acre site. This property is located at the southwest corner of the intersection of Kanis Road and White Road. 2. Compatibility with Neighborhood The site is located in a largely rural area comprised of single family homes on larger tracts and areas of undeveloped woodlands. There are a few other mobile homes and double -wide manufactured homes in the vicinity. The proposed structure will sit well off of Kanis Road on a partially wooded site and should be compatible with the neighborhood. 3. On- ite Drives and-Parkina There is an existing gravel driveway on the property which the applicant proposes to remove and replace with a new concrete driveway, taking access off of White Road. 4. Screening and Suffers None required for a single family residential application. 5. City Engineer Comments Dedicate additional right-of-way on Kanis Road to 45 feet from centerline. Current right-of-way is 30 feet from centerline, requiring an additional 15 feet of right-of-way dedication. November 16, 1993 ITEM NO.: 18 (Continued) FILE NO.: Z--5746 6. utility Comments No sewer available. A sewer main extension, with easements, will be required if sewer service is required. 7. Analysis The applicant proposes to remove an older, 14 foot by 65 foot mobile home and replace it with a new, 27 foot by 76 foot, multisectional manufactured home. In and of itself this is a noncontroversial issue and staff is supportive of the requested multisectional manufactured home. However, while doing the research and site inspection in preparation for this request, another issue came to light. It was discovered that Mr. Snell has recently constructed a large, two story building on the north end of his property, adjacent to Kanis Road, and is running an electrical contractor business out of this building (Snell -Northcutt Electric Company). The Zoning Enforcement staff has initiated enforcement against Mr. Snell for this zoning violation. Although this enforcement action is not directly related to the requested conditional use permit, staff feels that it would be appropriate to withhold action on the conditional use permit until the enforcement proceeding on this property is resolved. 8. Staff Recommendation Staff recommends that this issue be deferred until such time as the enforcement action concerning the illegal commercial use on this property is resolved. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 28, 1993) The applicant, Bob Snell, was present. Dana Carney, of the Planning staff, presented the item and explained the issue concerning the zoning violation. He informed the Committee that staff was recommending deferral of this item until the enforcement action is resolved. Mr. Carney also informed the Committee that Mr. Snell was considering filing for a PUD on the entire property to include both the business and the proposed manufactured home. 2 povember 16, 1993 ITEM NO.: 1$ (Continued) FILE NO.: Z-5745_ Mr. Snell addressed the Committee and asked that the conditional use permit application be approved to allow for the manufactured home. He stated that, regardless, of the outcome of the issue concerning the business, he would still need the home. Mr. Snell stated that his family has outgrown the single -wide mobile home and that the larger home is needed immediately. Commissioner Putnam stated that he was in favor of proceeding with the requested conditional use permit, as the property was going to be used as Mr. Snell's home regardless of the outcome of the other issue. The Committee decided that any approval of the requested conditional use permit would have to be clearly stated not to give any endorsement of the business use on the property. After a brief discussion of the required additional 15 feet of right-of-way dedication on Kanis Road, the Committee forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (NOVEMBER 16, 1993) The applicant, Robert Snell, was present. There were several objectors present. Several letters and a petition in opposition had been presented to the Commission. Dana Carney, of the Planning staff, presented the item. He advised the Commission of the background of the manufactured home issue and the ongoing enforcement action against Mr. Snell for the zoning violation concerning his business use on the property. Mr. Carney informed the Commission that it had been determined that it would not be appropriate to withhold action on the conditional use permit for the manufactured home pending resolution of the zoning enforcement case. Mr. Carney then offered a staff recommendation of approval of the conditional use permit application subject to compliance with the City Engineer Comments and compliance with the Ordinance Established Minimum Siting Standards. Mr. Carney then stated that it is understood that approval of this conditional use permit in no way gives endorsement to the business use on the property, which is currently under enforcement. Jim Lawson, Director of the Department of Neighborhoods and Planning, then addressed the Commission. He stated that Mr. Snell needed the home and would continue to use the property 3 NoveiVber 16, 1993 ITEM NO.: 18 _ Continued FILE No.: Z-5746 as his residence, regardless of the outcome of the ongoing enforcement action. Commissioner VonTungeln stated that there was a credibility issue that might affect the Commission's vote. Bob Snell then addressed the Commission. He stated that he understood the Commission's concern about his credibility. Mr. Snell stated that the building in question had initially been built for residential accessory purposes, but that over the course of time, he "just kind of moved his business into it. Mr. Snell stated that he had a privilege license to operate his business out of his home. Ms. Gladys Post, of 1301 White Road, then addressed the Commission in opposition to the proposed manufactured home. Ms. Post stated that Mr. Snell had told neighborhood residents that the single wide mobile home was only a temporary use, until he built a house. She further stated that she felt Mr. Snell had not been honest with neighborhood residents. Ms. Post stated that the subdivision Bill of Assurance disallows the current single wide mobile home and the proposed multisectional manufactured home. Ms. Post continued by stating that she was unhappy with Mr. Snell's business use of the property and that it had devalued property in the neighborhood. Abby Bryant, of 1520 White Road, next addressed the Commission in opposition to the proposed manufactured -home * anufactured home. Ms. Bryant stated that she also had problems with Mr. Snell's business being on the property. Ms. Bryant stated that she felt Mr. Snell built the structure intending to use it for his business and that 'he had been dishonest with the City and with the neighborhood. Ms. Bryant told the Commission that Mr. Snell's property was at the entrance to the neighborhood and that it had been an eyesore. She stated that the proposed manufactured home would also be an eyesore. Mr. C. R. Sawrie, of 1400 White Road, next addressed the Commission in opposition to the proposed manufactured home. Mr. Sawrie read from his subdivision's Bill of Assurance and stated that the proposed manufactured home would not comply because it does not have a brick veneer. Mr. Sawrie did state that one other home in the subdivision did not have a brick veneer. 4 November 16, 1993 ITEM NO.: 18 Continued FILE NO.: Z-5746 Mr. Snell then told the Commission that Ms. Bryant has purchased her home knowing his single wide mobile home was there. He stated that other properties had been bought and sold over the years and that the presence of his mobile home did not inhibit sales in the area or cause a loss of property value. Mr. Snell described his proposed new home as being 2,200 square feet in size containing four bedrooms and 3 bathrooms. He stated it would be covered with vinyl siding. Mr. Snell stated that he and his wife currently have two children and are expecting a third. Commissioner Willis stated that he wanted it understood that any discussion or approval of this conditional use permit application would not give any endorsement to the business use on the property. After further discussion, Chairman Walker stated that the consensus from the Commission seemed to be to approve the requested manufactured home but not to approve the business use, should it ever come before the Commission. He then told Mr. Snell if it was important to him to have his home and his business on the same property, that he might want to consider relocating. Mr. Snell stated that he needed approval of this application and that he would pursue rezoning or some other action to address the business use. Chairman Walker then asked Assistant City Attorney Steve Giles if it would be appropriate to deny the application for a conditional use permit to allow the manufactured home based solely on the fact that there was a zoning violation currently under enforcement on the same property. Mr. Giles stated that it was not appropriate to use this action as a means of gaining compliance in the unrelated enforcement matter. Mr. Sawrie stated that the business use was a concern to the neighborhood and that the neighborhood would oppose any rezoning to allow the business to remain at this location. A motion was then made to approve the application, with the understanding that no endorsement of the business use was implied. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. The application was approved subject to. 1. Compliance with the City Engineer Comments 2. Compliance with the Ordinance Established Minimum Siting Standards as follow: 5 November 16, 1993 ITEM NO.: 18(Continued)—FILE NO.: Z-5746 a. A pitched roof of 3 in 12 or 14 degrees or greater b. Removal of all transport elements C. Permanent foundation d. Exterior wall finished so as to be compatible with the neighborhood e. Orientation compatible with placement of adjacent structures f. Underpinning with permanent materials g. All homes shall be multisectional. h. Off-street parking per single family dwelling standard 2