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HomeMy WebLinkAboutZ-5909 Staff AnalysisJanuary 10, 1995 ITEM NO.• Z FILE NO.: Z-5909 NAME: LOCATION• OWNER/APPLICANT• PROPO AL• ORDINANCE DESIGN STANDARDS: 1. Site Location Sears Accessory Dwelling - Conditional Use Permit 1219 N. Tyler Street Jerry Sears A conditional use permit is requested to allow the conversion of the upstairs of an existing, two-story accessory structure into an accessory dwelling. The property is zoned R-2. A variance is requested to allow an accessory dwelling greater than 700 square feet in area. The existing structure has 780± square feet on each floor. The property is located on the east side of North Tyler Street, one block south of its intersection with "L" Street. 2. Compatibility with Neighborhood The subject property is located in a predominately single- family residential neighborhood. The site contains a single-family dwelling and a large, two- story accessory building. The lower level of the accessory building contains a two -car garage and the upper level is currently used as storage. The proposal to convert the upper story of the existing accessory building into an accessory dwelling will not involve any expansion of the structure and will, for all intents and purposes, not be a noticeable change in the property. The proposed accessory dwelling should be compatible with the neighborhood. - 3. Orn -Site Drives and Parking The principal dwelling and the proposed accessory dwelling require one on-site parking space each. There is a two car January 10, 1995 SUBDIVISION ITEM NO.: I (Cont.) _FILE NO_: Z-5909 garage beneath the proposed accessory dwelling and. a two car driveway, taking access off of the alley. 4. Screening and Buffers No additional screening or buffering are required for this single-family residential property. 5. City Engineer Comments No comments 5. Utility Comments No comments 7. Analysis The applicant proposes to convert the upper floor of an existing, two story accessory structure into an accessory dwelling. The lower floor will continue to be used as a two car garage. The upper floor contains a total area of 780± square feet, 80± square feet more than the Ordinance prescribes as the maximum floor area for an accessory dwelling. The proposal involves an existing structure and there is sufficient on-site parking to meet ordinance requirements. Two story construction for accessory dwellings is permitted if the lower floor is used as a garage. Staff feels that the proposal is reasonable and should have a minimal impact on adjacent properties. 8. Staff Recommendation Staff recommends approval of the conditional use permit and of the variance to use the existing 780± square feet on the second floor as an accessory dwelling. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 10, 1994) The applicant was not present. Staff presented the item and noted the requested area variance. The Committee agreed that there were no outstanding issues since the structure was already in existence and there was adequate parking. The Committee then forwarded the item to the full Commission for final resolution. PLANNING COMMISSION ACTION: 2 (NOVEMBER 29, 1994) January 10, 1995 SUBDIVISION ITEM NO.: T (Cont.) FILE NO.: Z-5909 The applicant, Jerry Sears, was present. There was opposition present. Staff presented the item and a recommendation of approval. Hunter Stewart addressed the Commission on behalf of Mr. Sears. He offered no comments at the time but stated he would redress any comments made by those in opposition. Jean Miller, of 5315 "L" Street, spoke in opposition to the proposed accessory dwelling. She stated that she was concerned that this accessory dwelling could set a precedent resulting in increased traffic and transient activity in the neighborhood. She presented a petition signed by neighbors opposed to the accessory dwelling. Mr. Stewart stated that Mr. Sears bought the property in 1990 and that the upstairs had already been framed out for a dwelling. He pointed out that there are other non -single family uses in the area. Mr. Stewart stated that the required parking was being provided for both the existing home and the proposed accessory dwelling. - Commissioner Willis asked if Mr. Sears planned to live in one of the homes. Mr. Stewart responded that Mr. Sears would occupy the accessory dwelling and his mother would occupy the principal dwelling. Mr. Stewart also stated that Mr. Sears had no plans to put separate meters on the accessory dwelling. Commissioner Walker asked if the neighbors were opposed to the second dwelling or concerned about who would occupy it. Ms. Miller responded that she was concerned that Mr. Sears might sell the property and that the new owners would rent the accessory dwelling. After further discussion, Commissioner Rahman stated that there were other accessory dwellings in the neighborhood and that they had apparently created no problems. Further discussion then followed concerning the occupancy of the accessory dwelling. Commissioner Putnam stated that the structure had been in place for several years and that the proposed use should have a minimal impact on neighbors. The question was called and a vote was taken. The vote was 4 ayes, 4 noes, 2 absent and 1 abstaining (McCarthy). The lack of 6 votes for or against the proposal resulted in the item being deferred to the January 10, 1995 commission meeting. 3 January 10, 1995 SUBDIVISION ITEM NO— I (Cont.) FILE NO.: Z-5909 A motion was made to expunge the vote. The motion failed by a vote of 1 aye, 8 noes and 2 absent. PLANNING COMMISSION ACTION: (JANUARY 10, 1995) Hunter Stewart was present representing the applicant. There were no objectors present. Staff presented the item and informed the Commission that this item had been deferred from the November 29, 1994 meeting due to a lack of 6 votes for or against the item at that meeting. Mr. Stewart addressed the Commission. He gave a brief history of Mr. Sears' efforts to remodel the structure as an accessory dwelling. He stated that the City had issued Mr. Sears building, plumbing and electrical permits to finish out the structure as an accessory dwelling and only at the last minute was Mr. Sears informed that he could not use the structure as he desired. Mr. Stewart stated that $15,000 had been spent on remodeling the structure as a dwelling. Mr. Stewart concluded by stating that the proposed accessory dwelling would not be incompatible with the neighborhood and that there were several other accessory dwellings in the area. Commissioner Adcock asked staff how many neighborhood residents had signed the petition of opposition which had been presented at the November 29, 1994 meeting. Staff responded that there were 15 signatures on the petition. Commissioner Woods asked who would occupy the accessory dwelling. Mr. Stewart responded that Mr. Sears would occupy the accessory dwelling and Mr. Sears' mother would occupy the principal dwelling. Mr. Stewart stated that the accessory dwelling would not have separate utility meters and that the accessory dwelling would become a guesthouse in the event Mr. Sears' mother moves. Commissioner Willis asked if the applicant would agree to the condition that the accessory dwelling is not to have separate utility meters. Mr. Stewart responded that the applicant would agree to that condition. Commissioner Adcock asked if that condition would be passed on to subsequent owners of the property. Steve Giles, of the City Attorney's Office, responded that the condition was attached to the property, regardless of the ownership. A vote was then taken on the item with the added condition that the accessory dwelling is not to have separate utility meters. The vote was 10 ayes, 1 noe and 0 absent. 4