HomeMy WebLinkAboutZ-7352 Staff AnalysisJanuary 27, 2003
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File No.: Z-7352
Owner: Mary Ward Gans
Address: 5423 Stonewall Road
Description: Southeast corner of Stonewall Road and
Polk Street
Zoned: R-2
Variance Requested: An administrative appeal is requested to
determine that the accessory building on
the property should be classified as a
nonconforming accessory dwelling.
Justification: The applicant's justification is presented in
an attached letter.
Present Use of Property: Single family residential
Proposed Use of Property: Single family residential with accessory
dwelling
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The property at 5423 Stonewall Road is zoned R-2 and contains a one-
story brick and frame single family residence within the north one-half of
the lot, with a one-story frame accessory building along the south (rear)
property line. The accessory building was converted to a dwelling in 1985
(without City approval) and used as a dwelling until 1995 or 1996. The
accessory dwelling was used as a residence for various family members.
In 1995 or 1996 the accessory dwelling was converted to a studio and
office by James E. Ward (son of the property owner), who lived in the
principal structure. Since that time, the only residential occupancy of the
accessory building was by a family member from January to June, 2002.
January 27, 2003
Item No.: 5 (Cont.
According to the City's Zoning Ordinance Section 36-153(c), the
abandonment or discontinuance of a nonconforming use shall be dealt
with as follows:
"When a nonconforming use has been discontinued or
abandoned, and the appearance of which [such use]
does not depict the identity of an ongoing use, and
further if said situation exists for a period of one (1) year,
such use shall not thereafter be reestablished or
resumed. Any subsequent use or occupancy of such
land or structure shall comply with the regulations of the
zoning district in which such land or structure is located."
Based on the fact that the accessory structure was not utilized as a
dwelling for more than 12 consecutive months after 1995 or 1996, staff
cannot classify the structure as nonconforming.
In October 2002 a building permit was inadvertently issued for the
remodeling of the accessory structure as a dwelling. Staff feels that the
permit was issued based on miscommunication between the contractor
and City staff. When the plumber applied for a permit, the permits
personnel flagged the building permit and a stop work order was issued
on December 19, 2002.
Therefore, the property owner, Mary Ward Gans, is requesting an
administrative appeal and asking the Board of Adjustment to determine
that the accessory building should be classified as a nonconforming
accessory dwelling. The property owner notes that a significant amount of
money has been spent on the remodeling of the accessory structure since
the building permit was issued. Additionally, it has been noted that the
property owner has medical problems, and needs the accessory dwelling
for a family member who will help care for her. Please see the attached
letter from the property owner's attorney which provides additional
information and detail regarding the accessory building in question.
BOARD OF ADJUSTMENT:
(JANUARY 27, 2003)
Ralph Downs and James Ward were present, representing the application.
There were no objectors present. Staff gave a brief description of the requested
administrative appeal.
Ralph Downs addressed the Board in support of the application. He gave a brief
history of the property and the use of the accessory building. He noted that the
accessory building had been used as a dwelling for various family members in
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January 27, 2003
Item No.: 5 (Cont.
the past and never rented. Mr. Downs offered the following restrictions to the
Board:
1. The accessory structure will never be rented.
2. Only one (1) family member will live in the accessory dwelling.
3. There will be only one (1) vehicle allowed for the accessory dwelling.
4. If the property is ever sold, the conditions will remain the same or a
conditional use permit will be requested.
Andrew Francis noted agreement with the restrictions offered by Mr. Downs.
There was a brief discussion concerning these restrictions.
Chairman Ruck asked if there would be an instance where more than one (1)
family member would occupy the accessory dwelling. James Ward addressed
the Board in support of the application. He stated that he did not expect more
than one (1) family member to occupy the accessory dwelling, but that it was
possible. He stated that he would request a conditional use permit if there was
any change in the use of the accessory dwelling.
There was additional discussion concerning the restrictions offered by the
applicant.
There was a motion to approve the administrative appeal, subject to the following
conditions:
1. The accessory dwelling will be occupied by family members of the
property owner only.
2. The accessory structure/dwelling must not be rented.
3. Only one (1) vehicle will be allowed for the accessory dwelling use.
4. If there is a change in property ownership, the accessory structure will
cease being used as a dwelling.
The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The administrative
appeal was approved.
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