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HomeMy WebLinkAboutZ-6779 Staff AnalysisJanuary 6, 2000 ITEM NO.: 22 FILE NO.: Z-6779 NAME: Bobby Zimmerebner - Conditional Use Permit LOCATION: 14200 Alexander Road OWNER/APPLICANT: Bobby Zimmerebner PROPOSAL: To obtain a conditional use permit to replace an existing single family residential house with a two -section manufactured home on property Zoned R-2, Single Family Residential, at 14,200 Alexander Road. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: This site is located on the north side of Alexander Road at the intersection with Savannah Road, approximately one mile west from Vimy Ridge Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The proposed site and all surrounding property is Zoned R-2, Single Family Residential. This area in general along Alexander consists of site built homes on large lots. There are existing site -built houses directly across Alexander, but there are none adjacent to the other three sides of the proposed site. There are two other single -section manufactured homes between this site and Vimy Ridge, the first being about 0.6 miles east. Staff believes this proposal would be compatible with the neighborhood when properly installed -according to City standards. Norman Floyd was notified of the public hearing. January 6, 2000 SUBDIVISION ITEM NO.: 22 (Cont.) FILE NO.: Z-6779 3. ON SITE DRIVES AND PARKING: There are two existing drives onto the property. One is concrete up to the eastern front of the existing house. The other is gravel which lies along the east side of the property up to a garage that exists just to the northeast of the existing house. One -on-site parking space is required for residential property. 4. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS COMMENTS: Relocate proposed manufactured home to allow for future Alexander Road widening to minor arterial standards. Recommend moving proposed structure an additional 20 feet in northwestern direction to keep it out of the future right-of-way. 6. UTILITY AND FIRE DEPT. COMMENTS: Water: No objection. Wastewater: Sewer available, not adversely affected. Southwestern Bell: Approved as submitted. ARKLA: Approved as submitted. Entergy: No comments received. Fire Department: Approved as submitted. CATA: This site is not currently served by CATA. Approved for transit purposes. 7. STAFF ANALYSIS: The applicant is requesting a conditional use permit to replace a partially burned out house with a two -section 2 January 6, 2000 SUBDIVISION ITEM NO.: 22 (Cont.) FILE NO.: Z-6779 manufactured house, on property Zoned R-2, Single Family Residential. The proposed area in general along Alexander Road is mostly rural, consisting of site built homes on large lots. There are existing site -built houses directly across Alexander, but there are none adjacent to the other three sides of the proposed site. There are two other single -section manufactured homes between this site and Vimy Ridge, the first being about 0.6 miles east. This site currently has a platted 40 foot building line. The current proposal includes replatting this single lot, moving the building line forward to a standard 25 feet from the existing front property line. The current proposal would then meet all setbacks. However, in anticipation of future widening of Alexander Road, Public Works has recommended the house be moved back 20 feet further from the front property line. That would maintain the front setback at about 25 feet from the future improved Alexander Road right-of- way. There is room on this site to do that, but that will cause the rear setback at the northwest corner of the house to drop 2 to 5 feet below the required 25 feet because of the triangular shape of the lot and the location of the existing unattached garage. Staff believes that would be better than dropping below the required 25 feet in the front. The applicant wishes to place the manufactured home on the existing slab to reduce the cost of installation, to provide a solid setup foundation, and to maintain the same relationship with the existing wood privacy fence and unattached garage. There is also a large tree just behind the rear of the existing house that the applicant wishes to preserve. Staff believes this is a reasonable proposal and when set up according to City standards for manufactured homes, it should be compatible with the neighborhood. However, the issue regarding the location needs to be worked out with Public Works. 3 January 6, 2000 SUBDIVISION ITEM NO.: 22 (Cont.) FILE NO.: Z-6779 8. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit with the actual location of the manufactured house being subject to satisfying Public Works comment and the anticipated future right-of-way. In addition, the manufactured home must meet the following siting standards as stated in Section 36-254(d)(5): a. A pitched roof of three (3) in twelve (12) or fourteen (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. SUBDIVISION COMMITTEE COMMENTS: (December 9, 1999) Bobby Zimmerebner and Troy Laha were present representing the application. Staff gave a brief description of the proposal. Public Works explained their concerns with the proposed location of the home being too close to the future right-of- way. The applicant explained why he wanted to place it as shown in the site plan to use the existing slab and maintain the orientation with the existing privacy fence and garage. The impacts of moving the location, rear yard setback variance and removal of large mature trees, were briefly reviewed. There being no further issues, the Committee accepted the proposal and forwarded the item to the full Commission for final action. 4 January 6, 2000 SUBDIVISION ITEM NO.: 22 (Cont.) FILE NO.: Z-6779 PLANNING COMMISSION ACTION: (January 6, 2000) Bobby Zimmerebner was present representing his application. There were eight registered objectors present. Staff presented the item with a recommendation for approval subject to compliance with the conditions listed under "Staff Recommendation," paragraph 8 above. Mr. Zimmerebner explained that he had a potential buyer for this property that wanted to use a manufactured home to replace the partially burned out house that was there now. The buyer felt that was their only feasible way economically to replace the house rather than rebuild the site -built house. In response to Public Works' issue regarding the location of the new house, Mr. Zimmerebner passed out to the Commissioners a handout which was a copy of the site plan with a scaled cutout attached to show that there was not much room to change the location of the home without causing other problems in relation to the existing garage/shop. He stated that he felt the current location was the best, but that he could move it straight back from the road an additional eight feet if he had to. Mr. Turner, acting Public Works Director, explained that their concern was that when Alexander Road is eventually widened, it would greatly impact a house located as shown because the required 45 foot from centerline right-of-way would be within about 6-10 feet of the house. Any additional distance back that the house could be set would improve that situation. He added that there is no schedule for any street improvements at this time. Sharon Ussery, Homer Ellis, Reggie Crouse, Don Robbins, and Shirley Eslick spoke in opposition. Elaine Crouse, Mary Robbins, and Robert Eslick were also registered as objectors, but did not speak. A petition was also submitted which listed 33 addresses, including the above individuals, that were opposed to the proposal. The listed addresses on the petition were all to the east along Natchez Lane and other streets in the Southern Hills Subdivision. None of the listed objectors own property abutting the proposed site. 5 January 6, 2000 SUBDIVISION ITEM NO.: 22 (Cont.) FILE NO.: Z-6779 The objector's statements reflected that their main objections concerned the following issues: statements in their bills of assurance which did not allow "trailers" to be placed on their properties or in their neighborhood; concern about a decrease in property values if "trailers" were located near them or in the area; and, starting a precedence or trend of letting "trailers" or "mobile homes" in the area which they don't want because they feel that would result in a deterioration of the neighborhood. Commissioner Faust asked about the closeness of other houses. Staff responded that the map provided in the write- up is accurate, that there are vacant lots around this proposed site as shown. When Staff researched residents' addresses to make notice to all residents within 300 feet, the only ones found within that distance were across Alexander on Savannah Lane and three lots to the east at 14006 Alexander Road. That finding matches the structures shown on the map. Mr. Zimmerebner responded to Chairperson Adcock that he understood their concern about keeping up the neighborhood and agrees, he lived there for six years before the fire. He wants to assure people that what is proposed to be put there is not a "trailer" as they are thinking. He stated it would be better than the house that's there now, it would look like a house on a permanent foundation and be bricked around the lower area with vinyl siding above, not skirted with any cheap material like they are thinking is usually put around manufactured homes. The installation would exceed the City's standards for installation of manufactured homes. He feels it would upgrade the area. He showed the Commissioners pictures of the proposed manufactured home, the existing home, and other manufactured homes that already exist in the area, along with a map showing where other manufactured homes are located. He added that he doesn't believe the City would allow a mobile home park in the area and that certainly isn't what he is proposing or leading to. Commissioner Downing asked Stephen Giles, City Attorney, to update them on the current case in the courts regarding manufactured homes. Briefly he stated the judge upheld the City's decision of denial for a permit for 9 manufactured homes on one street in an existing single family 2 January 6, 2000 SUBDIVISION ITEM NO.: 22 (Cont.) FILE NO.: Z-6779 neighborhood. The judge determined the 9 manufactured homes in that case would be substantially different from the existing single family homes because there would be less options for variables with 9 on one street. Mr. Giles added that the finding of adverse impact of locating manufactured homes in a neighborhood had to be based on a finding that the proposed home differed substantially from other homes in the area together with a finding of adverse economic impact on the value of the other properties. In response to a follow-on question by Commissioner Downing, Mr. Giles commented that the Commissioners must base their decision in this situation on a finding that the proposed manufactured home in this location would be incompatible with this particular existing surrounding neighborhood, and cause an adverse economic impact on the value of properties in this area. Commissioner Nunnley, as confirmed by Mr. Giles, brought out the point that in the previous case there were no other manufactured homes in that neighborhood. Mr. Giles added that case was being appealed to the Arkansas Supreme Court and is still pending. That case was for a location in a different part of the City. Commissioner Rector asked about the Bill of Assurance issue. Mr. Giles responded that the City does not enforce Bills of Assurance, that is a private matter between property owners, neighbors and developers. He added that Bill of Assurance items are not binding on the Commissioners, they are only one point to consider in the overall review. Mr. Zimmerebner commented that his property had no such stipulations or limitations as were brought up by the objectors. Staff added to the discussion one bit of information, that they had received one phone call from the property owner directly across Alexander Road and she favored the proposal. A motion was made to approve the application as submitted to include staff comments and recommendations, to include moving the house back from Alexander Road eight additional feet from where originally proposed, keep it six feet from the garage, and accomplish the one lot replat to change the building line to 33 feet in front. The motion passed by a vote of 6 ayes, 4 nays and 1 absent. 7