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HomeMy WebLinkAboutZ-6334-A Staff AnalysisOctober 29, 199,8 ITEM NO.: 5 FILE NO.: Z -6334-A NAME: Bures Bed and Breakfast House - Revised Special Use Permit LOCATION: 501 N. Palm Street OWNER APPLICANT: Joseph and Cindy Bures PROPOSAL: A special use permit is requested to allow for expansion of a previously approved Bed and Breakfast House on this R-4 zoned property. Staff Analysis: On July 10, 1997, the Planning Commission approved a special use permit to allow the owners of the single family residence located at 501 N. Palm Street to operate a one room bed and breakfast house. The property is occupied by a 1 1/ story, rock and stucco residence. The applicants utilize the structure principally as their single family home. One room of the lower level of the house is a sleeping/sitting room. This room and an adjacent bathroom are used as the bed and breakfast house guest room. The Commission's approval was subject to the following conditions: 1. Compliance with the site and location criteria established by Section 36-54(e). 2. The structure at 501 N. Palm Street is to remain a single family residence and not to be converted into a duplex as long as the bed and breakfast house is in existence. (This condition was imposed because the property is zoned R-4, two- family residence). 3. An additional on-site parking space is to be constructed at the end of the driveway. The applicants are now requesting that the special use permit be revised to allow for expansion of the bed and breakfast house. They propose to construct a detached, two-story accessory structure in the rear yard, adjacent to the alley. The ground floor will be a three car garage. The upper floor will be a second guest room containing a bedroom/sitting area, bathroom and kitchenette. The applicants state that they anticipate this facility eventually being used as a mother-in-law quarter, as their mothers are nearing an age when they may need assisted living. In the mean time, it will be used as a guest room for the bed and breakfast. October 29, 19.96 ITEM NO.: ^5 (Cont.) FILE NO.: Z -6334-A Bed and Breakfast houses are defined by the Ordinance as: "Bed and breakfast house means an owner occupied single-family residence which contains not more than five (5) guest rooms which for a fee may be occupied by a guest for no longer than fourteen (14) consecutive days. This activity must obtain a special use permit in the permitted districts of R-1, R-2, and R-3 single-family and R-4 two-family districts." Section 36-54(e) establishes the site and location criteria for bed and breakfast houses as follows: a. The occupancy fee may include a continental breakfast (coffee, juice and pastry) to be served to paying guests with no full meals. b. The owner must provide one (1) paved off-street parking space per guest room and one (1) additional for the residence use. c. Allowable signage is that permitted by the single-family residential standard. d. No receptions, private parties or tours for a fee are allowed. Although the proposed second guest room is not located within the principal residence, staff is basically supportive of the concept as put forth by the applicant. The house will still remain an owner occupied single family residence with the one, downstairs guest room. This proposal will bring the total number of guest rooms to two, less than the maximum of five permitted by the Code. Three on-site parking spaces will be provided on the lower level of the new structure, meeting the Ordinance requirement. Accessory structures such as that proposed by the applicant are very common in this neighborhood. Indeed, several properties in this block have buildings, some two-story, built at the alley. The proposed structure will meet required setbacks, although it will exceed the 30 percent coverage allowed for accessory structures. There is one outstanding issue which precludes staff from supporting the proposal. The applicants indicate that the proposed new guest room will contain a kitchenette. With the guest room containing a sleeping area, sitting area, bathroom and kitchenette, it has all of the elements of a separate dwelling. Such a use is not permitted under a special use permit. Accessory dwellings require a conditional use permit which may cast doubt on the ability to use the room for a guest room for the bed and breakfast. The applicants indicate that the "guest room" may eventually be used as a mother-in-law quarter but that plans are to use it in the meantime as a bed and breakfast room. 2 October 29, 1998 ITEM NO.: w5 (Cont.) FILE NO.: Z -6334-A Staff suggests that the kitchenette be removed from the proposal at this time. If and when it is necessary to convert the structure into an accessory dwelling by adding a kitchenette, the applicants may file for a conditional use permit. As long as the "guest room" contains only a sleeping/sitting room and bathroom, staff believes it is reasonable to allow its use as a second guest room for the bed and breakfast. Special use permits are not transferable in any manner. Permits cannot be passed from owner to owner, location to location or use to use. Staff does not believe the level of activity generated by a two room bed and breakfast house at this location would have any negative impact on the neighborhood. Staff Recommendation: Staff recommends approval of the special use permit to allow for construction of a two-story accessory building with the upper floor to be used as a guest room for the bed and breakfast house subject to compliance with the following conditions: 1. There is to be no kitchen/kitchenette in the structure. 2. The structure is not to have separate utilities. All utilities must be run from/connected to the main house. 3. The bottom floor of the two story accessory building is to be used as a three car garage, providing one space per guest room and one space for the residence. 4. Compliance with the site and location criteria established by Section 36-54(e). 5. The structure at 501 N. Palm Street is to remain a single family residence and not to be converted into a duplex as long as the bed and breakfast house is in existence. 6. Compliance with the following Public Works Department Comments: a. A 20 foot radial dedication of right-of-way is required at the intersection of N. Palm and Lee Streets b. Provide 20 feet of maneuvering area for vehicles backing out of the garage into the alley. PLANNING COMMISSION ACTION: (OCTOBER 29, 1998) The applicant was present. There were three supporters and one objector present. Staff presented the item and recommended 3 October 29, 1998 ITEM NO.: 5 (Cont. FILE NO.: Z -6334-A approval of the special use permit to allow for construction of a two-story accessory building with the upper floor to be used as a guest room for the bed and breakfast house subject to compliance with the following conditions: 1. There is to be no kitchen/kitchenette in the structure. 2. The structure is not to have separate utilities. All utilities must be run from/connected to the main house. 3. The bottom floor of the two story accessory building is to be used as a three car garage, providing one space per guest room and one space for the residence. 4. Compliance with the site and location criteria established by Section 36-54(e). 5. The structure at 501 N. Palm Street is to remain a single family residence and not to be converted into a duplex as long as the bed and breakfast house is in existence. 6. Compliance with the following Public Works Department Comments: a. A 20 foot radial dedication of right-of-way is required at the intersection of N. Palm and Lee Streets. b. Provide 20 feet of maneuvering area for vehicles backing out of the garage into the alley. The applicant, Joe Bures, addressed the Commission in support of his application. He stated that his was the only bed and breakfast house in Little Rock outside of the Quapaw area. Mr. Bures stated that he was amending his application to conform to staff's recommendation by removing the kitchen/kitchenette from the guest room. He also stated that he was mindful of the fact that he would need to return to the Commission for a conditional use permit if he desired to convert the structure into an accessory dwelling. Mr. Bures noted that he had made substantial improvements to the property and there was no room for another guest room in the house. He stated that a recent appraisal of the property was 2.2 times what it was when he purchased the site. Mr. Bures noted that the Hillcrest Neighborhood Association was supportive of his request. He stated that there were many other similar garage apartment type structures in the neighborhood. Mr. Bures stated that he would retain an architect to design the accessory building so that it would compliment the home and the neighborhood. Mr. Bures also stated that he was aware that special use permits are not transferable to another person. Jim Metzger, of 1418 Kavanaugh Blvd., addressed the Commission in support of the application. Mr. Metzger stated that he was on the Board of the Hillcrest Residents Association. He stated that 4 October 29, 1998 ITEM NO.: '5 (Cont.) FILE NO.: Z -6334-A the Board had favorably passed a resolution not to oppose Mr. Bures' request. Mr. Metzger stated that he felt Board members were generally favorably disposed to Mr. Bures' request. Mr. Metzger also stated that he had a business at 2821 Kavanaugh Blvd. and he was the president of the Hillcrest Merchants Association. He stated that the Association's Executive Committee had discussed the issue and was more than pleased with what Mr. Bures had done with the property. On a personal note, Mr. Metzger stated that he felt Mr. Bures had made a tremendous improvement to the area. Jerry Stensland, of 422 N. Palm Street, spoke in support of the item. He stated that he had moved into the area in April, 1998. He stated that he was aware that the bed and breakfast was located at 501 N. Palm. Mr. Stensland stated that the presence of the bed and breakfast helped him decide to move into the neighborhood. Mr. Stensland stated that he felt the bed and breakfast had a positive impact on property values in the area. Mr. Stensland stated that he felt the bed and breakfast was the kind of small business that made Hillcrest what it was, an eclectic and healthy mix of residential and nonresidential uses. Bill Forbess, of 507 N. Palm Street, spoke in opposition to the item. He presented a petition signed by four neighborhood residents, including himself, opposed to the expansion of the bed and breakfast. Mr. Forbess stated that he had read a study which stated that property values decline when commercial uses creep into residential neighborhoods. He stated that there was inadequate on street parking on the block to support the use. Dana Carney, of the Planning Staff, responded that all required parking will be provided on-site. Mr. Forbess stated that one neighborhood resident had moved as a result of the bed and breakfast coming into the area. Mr. Forbess stated that it was his understanding that the Hillcrest Residents Association did not actually offer approval for the bed and breakfast. A discussion then followed concerning the use of the property if the bed and breakfast moved from the site. It was determined that the house could be used as a duplex since the property is zoned R-4 but that the guest room above the garage could not be used as a dwelling unit without rezoning the property. In response to a question from Commissioner Muse, Mr. Bures stated that there was no need for a kitchen in the guest room until it was occupied as an accessory dwelling. Commissioner Hawn voiced concern that this action was creating three dwellings on the site. Commissioner Faust stated that she lived one block from the Carriage House Bed and Breakfast and found it to be a significant contribution to the fabric of the neighborhood. 5 October 29, 1998 ITEM NO.: w5 (Cont.) FILE NO.: Z -6334-A Commissioner Berry stated that he felt a bed and breakfast to be appropriate in the Hillcrest Neighborhood. He stated that he felt this action was in keeping with the City's ongoing "smart growth" initiative. A motion was made to approve the special use permit as recommended by staff and including all conditions proposed by staff. The motion was approved by a vote of 8 ayes, 1 noe and 2 absent. 6 MARCH 18, 1999 Name: Location: Owner/Applicant: Type of Issue: STAFF REPORT FILE NO.: Z -6334-A Bures Bed and Breakfast House Revised Special Use Permit 501 N. Palm Street Joseph and Cindy Bures Interpretation of provisions associated with an expanded bed and breakfast house On October 29, 1998, the Planning Commission approved a revised special use permit to allow the applicants to enlarge their bed and breakfast house by constructing an accessory building to contain a second guest room. The initial approval to allow a guest room in the principal structure was approved on July 10, 1997. The October 1998 Planning Commission action allowed for construction of a two story accessory structure with the upper floor to be used as a guest room for the bed and breakfast house and the ground floor to be used as a three - car garage. There were several conditions attached to the Commission's approval including the provision that the new guest room in the accessory structure not contain a kitchen/kitchenette. Staff's concern was that by allowing the unit to contain a sleeping/sitting room, bathroom and kitchen, an accessory dwelling would be created, not a guest room. At that October 1998 meeting, the applicant stated that he was removing the kitchen/kitchenette from his proposal. The applicant stated that, at some point, he may wish to convert the structure into an accessory dwelling for an elderly relative. The applicant stated that he was aware that he would need to reapply to the Planning Commission for a conditional use permit before the unit could be converted into an accessory dwelling. The new, detached unit is now under construction. The structure has been reduced from two stories to one story. There is adequate space on the property for the required three parking spaces which were previously shown in the first floor garage. The plans submitted by the applicant MARCH 18, 1999 (Cont.) FILE NO.: Z -6334-A first floor garage. The plans submitted by the applicant showed the structure containing a sitting/sleeping area, bathroom, laundry room and kitchen. In response to concerns raised by staff, the area indicated as "kitchen" is now shown as "wet bar." The structure is still proposed to include a laundry room. Staff has concerns about the structure and feels that the applicant may be going beyond what is intended as a guest room for the bed and breakfast. Attached are copies of the October 29, 1998 Planning Commission minutes, correspondence between staff, the applicant and the adjacent property owner and plans of the proposed guest room. The Commission is asked to review the issue to determine if the proposed structure still meets the intent of the Commission's action in approving the special use permit for a detached guest room. PLANNING COMMISSION ACTION: (MARCH 18, 1999) The applicants, Joe and Cindy Bures, were present. An adjacent property owner, Bill Forbess of 507 N. Palm Street, was present. Staff presented the item and outlined the various concerns regarding the structure. Joe Bures addressed the Commission. Mr. Bures referred to his March 9, 1999 letter in which he responded to Staff's concerns. He reminded the Commission that, at the October 29, 1998 meeting, approval was given to have a "wetbar" and to stub -out the required utility connections. In response to a question from Commissioner Putnam, Mr. Bures stated that the structure was reduced from two stories to one due to the costs involved. In response to a question from Commissioner Rahman, Mr. Bures stated that the guest room had no stove, but that it had a sink, a small refrigerator and possibly a microwave oven. Bill Forbess, of 507 N. Palm Street, addressed the Commission. He reminded the Commission of his opposition to the bed and breakfast and of Mr. Bures' promise not to put a 2 MARCH 18, 1999 (Cont.) FILE NO.: Z -6334-A kitchen in the structure. Mr. Forbess stated that he felt the structure was "out of control." He stated that the Bures' were creating three dwellings on the property. Jim Lawson, Director of Planning and Development, reminded the Commission that this was an interpretive issue regarding the facilities being put in the structure, not a question of whether the applicants could have the guest room. In response to a question from Commissioner Lowry, Mr. Bures stated that he withdrew the kitchen request at the October 29, 1998 meeting but that he made it clear at that time that he would have wet bar type facilities. In response to a question from Commissioner Adcock, Mr. Bures stated that gas lines were roughed in for a possible stove connection if the structure were ever converted into an accessory structure. He reiterated that he understood that he would need to return to the Commission for a conditional use permit prior to converting the structure into an accessory dwelling. Commissioner Berry commented that he felt the applicants were still meeting the spirit of the approved special use permit for the bed and breakfast. After a brief discussion, a motion was made that the structure as described and being constructed conformed to the approved special use permit for a bed and breakfast. The motion was approved by a vote of 8 ayes, 2 noes and 1 absent. 3