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HomeMy WebLinkAboutZ-6345-A Staff AnalysisOctober 21, 2004 ITEM NO.: 8 FILE NO.: Z -6345-A NAME: Mulkey Accessory Dwelling — Conditional Use Permit LOCATION: 208 Rose Street OWNER/APPLICANT: Lila Mulkey PROPOSAL: A conditional use permit is requested to allow for construction of a two-story, accessory dwelling on this R-3 zoned lot. SITE LOCATION: The property is located on the west side of Rose Street; 1 Y2 blocks north of West Markham Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed residential uses; including single family, duplexes and multifamily. Staff believes the proposed use is compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Hillcrest Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The existing house and proposed accessory dwelling require one on-site parking space each. The applicant proposes to extend a driveway beside the house and to have 4 parking spaces located between the structures. The parking and drive will be paved. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. October 21, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z -6345-A UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer not available for accessory dwelling. Contact Little Rock Wastewater Utility for details. Entergy: Approved as submitted. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. A route is located two blocks to the south, on W. Markham Street. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 30, 2004) The applicant, Lila Mulkey, was present. Staff presented the item and informed the Committee that a similar use had been approved for this site in 1997. Staff asked the applicant to provide a copy of the bill of assurance. Staff informed the Committee that variances were needed to allow the 40% rear yard coverage and to allow the two-story accessory dwelling. In response to questions from staff, Ms. Mulkey stated separate utilities were requested, all of the proposed driveway and parking area would be paved and there would be no new fencing. Gary Langlais asked who would live in the accessory dwelling. Ms. Mulkey responded that she would. Staff noted the comment from Wastewater and directed her to contact Wastewater's staff. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned lot located at 208 Rose Street is currently occupied by a one- story, rock, brick and frame single family residence. On August 7, 1997, the Planning Commission approved a C.U.P. to allow construction of a two-story accessory building with a garage on the ground floor 2 October 21, 2004 ITEM NO.: 8 (Cont. FILE NO.: Z -6345-A and a 336 square foot accessory dwelling on the second floor. The applicant was going to occupy the principal dwelling and the accessory dwelling was to be used as a guest quarters only and was not to be rented. The structure was not built and the C.U.P. expired. The applicant now proposes to construct a two-story accessory building, with the same 25'X 25' footprint as was approved in 1997. The structure has been moved closer to the rear property line. Although the proposed building meets the required setbacks, it does now cover 40% of the required rear yard; exceeding the allowable 30% coverage for accessory buildings. The applicant proposes to use the entire two-story structure as an accessory dwelling. Parking will now be provided in the area between the structures. The code allows two-story construction for accessory dwellings, if the ground floor is used for a garage. The applicant is requesting variances from the area coverage limitation and to have a two-story accessory dwelling. The property owner proposes to occupy the accessory dwelling and to continue to rent the principal dwelling. Separate utilities are requested. Staff is supportive of the requested C.U.P. The proposed use is not out of character with the neighborhood which contains a variety of housing types; including single family, duplexes and multifamily. The applicant will live on site. Since more than adequate parking will be provided on-site, staff is supportive of allowing the two-story accessory dwelling. There appears to be no bill of assurance issue. The applicant states she met with a representative of Wastewater and resolved their concerns. If approval is not submitted by Wastewater at the time of building permit request, no permit will be issued. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. The property owner must occupy one of the dwellings on the site. 2. Approval must be provided from Wastewater prior to approval of a building permit. 3. The paved parking and driveway must be constructed in compliance with the site plan. Staff recommends approval of variances to allow the 40% rear yard coverage and to allow the two-story accessory dwelling. Staff recommends allowing separate utilities. K, October 21, 2004 ITEM NO.: 8(Cont.)FILE NO.: Z -6345-A PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was approved. 4