HomeMy WebLinkAboutZ-6541 Staff AnalysisSeptember 3, 1998
ITEM NO.: 9
NAME:
LOCATION•
OWNER/APPLICANT:
PROPOSAL•
BACKGROUND•
FILE NO.: Z-6541
Short - Conditional Use Permit
9002 West Markham Street
Elizabeth Anne Short
A conditional use permit is
requested to allow for the use of
the 558 square foot accessory
garage as an accessory dwelling.
The applicant is also requesting a
variance to allow both the
principal and accessory dwellings
to be rental units. The property
is zoned R-2.
The property currently contains three (3) single-family
residential units; two within the principal structure and one
within the garage structure. According to the applicant, this
arrangement has existed for several years, but no nonconforming
status was ever established for the property.
This application was initially filed as a rezoning to PD -R, in
order to continue the use of the property for three (3) single-
family dwelling units. This required a land use plan change
(item 9.1 on this agenda) and Public Works issues relating to
multifamily property.
With these issues in mind, the applicant has decided to convert
the principal structure back to a single-family residence (one
dwelling unit) by eliminating one of the two kitchen units within
the structure. Therefore, the applicant has converted the
rezoning application to a conditional use permit (and withdrawn
the land use plan change) to allow for the use of the accessory
garage structure as an accessory dwelling. There will be a total
of two (2) single-family units on the property.
ORDINANCE DESIGN STANDARDS:
1. Site Location:
This site is located on the north side of West Markham
Street, approximately 130 feet west of Brookside Drive.
September 3, 1998
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-6541
2. Compatibility with Neighborhood:
The property located north, east and west of this site is
zoned R-2 and contains single-family residences. There is a
large -commercial strip center and a service station located
to the south, across West Markham Street. The proposed use
of the garage structure as an accessory dwelling should have
no adverse effect on the surrounding residential property.
The Santa Fe Heights, Treasure Hills and Pennbrook/Clover
Hill Place Neighborhood Associations were notified of the
public hearing. As of this writing, no negative comments
have been received from the neighborhood.
3. On -Site Drives and Parking: -
There are two access points to the property from West
Markham Street (circular drive). There is an existing
gravel parking area on the property, which will be adequate
to serve both dwelling units. No change in the driveway
design or parking area is required, due to the fact that
this is a single-family application.
4. Screening and Buffers:
No Comments.
5. Public Works Comments:
No Comments.
6. Utility and Fire Department Comments:
Wastewater: Sewer available along south side Markham Street,
not adversely affected.
AP&L: No Comments received.
ARKLA: No Comments received.
Southwestern Bell: No Comments received.
Water: No objection. Contact the Water Works if additional
meter(s) are desired.
Fire Department: No Comments.
County Planning: No Comments received.
LATA: No Comments received.
Fa
September 3, 1998
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-6541
7. Staff Analysis:
The applicant is requesting a conditional use permit to
allow for the use of the 558 square foot accessory garage
structure as an accessory dwelling.- The applicant will
convert the principal structure from a two-family dwelling
to a single-family dwelling in order to qualify for the
conditional use permit. Each dwelling will have separate
utility meters.
There are no building setback issues due to the fact that
both the principal structure and accessory structure are
existing and no new building construction is proposed.
Adequate parking exists on the site to serve both dwellings.
According to the City's zoning Ordinance Section 36-252(3),
referring to accessory dwellings, "In the R-2 district, one
(1) of the dwelling units must be occupied by the
landowner." The applicant is requesting a variance from
this standard, as the landowner will rent both units. Staff
can foresee no problems with this variance request.
To staff's knowledge, the past use of the property as three
single-family residential dwellings has had no adverse
effect on the surrounding residences. There are no
outstanding issues associated with this application and
staff feels that the proposed conditional use permit (for a
total of two single-family dwellings on the property) should
continue to be compatible with the neighborhood.
8. Staff Recommendation:
Staff recommends approval of the conditional use permit with
the following conditions:
1. The principal dwelling must be converted back to a
single-family residence.
2. Staff recommends that the applicant remove the second
kitchen facility from the principal structure within 90
days and contact the zoning staff to schedule a visual,
walk-through inspection of the structure.
3. Staff recommends approval of the variance to allow both
dwellings to be rental units.
4. Each dwelling will have separate utility meters.
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September 3, 1998
SUBDIVISION
ITEM NO.; 9 (Cont.) FILE NO.: Z-654.
SUBDIVISION COMMITTEE COMMENT: (AUGUST 13, 1998)
Casey Tucker and Jason Taylor were present, representing the
application. Staff gave a brief description of the proposed
rezoning to PD -R.
The various aspects of the rezoning were discussed, including
Public Works and parking requirements. Staff noted that if the
applicant converted the principal structure from a two-family to
a single-family dwelling and requested a conditional use permit
for the garage dwelling then the Public Works and parking issues
would go away due to the fact that the property would be
considered single-family.
Ms. Tucker indicated that the application would most likely_ be
converted to a conditional use permit.
Staff also noted that separate utility meters should be requested
if necessary.
After the brief discussion, the Committee forwarded the issue to
the full Commission for final action.
PLANNING COMMISSION ACTION:
(SEPTEMBER 3, 1998)
Staff presented a positive recommendation on this application, as
there were no further issues for resolution. There were no
objectors to this matter.
The Chairman placed the item before the
within the Consent Agenda for approval
A motion to that effect was made. The
10 ayes, 0 nays and 1 absent.
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Commission for inclusion
as recommended by staff.
motion passed by a vote of