HomeMy WebLinkAboutZ-7415 Staff AnalysisJune 26, 2003
ITEM NO.: 20 _ FILE NO.: Z-7415
NAME: Berg Accessory Dwelling — Conditional Use Permit
LOCATION: 1725 North Spruce Street
OWNER/APPLICANT: Mike and Larita Berg
PROPOSAL: A conditional use permit is requested to allow for
conversion of an existing accessory building into an
accessory dwelling. The property is zoned R-2.
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SITE LOCATION:
The property is located on the east side of North Spruce Street, one lot
south of Cantrell Road.
COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that is exclusively single family in
nature, however there are other properties in the vicinity that have
accessory dwellings and guest quarters. The applicant is proposing the
accessory dwelling as a temporary use, after which the structure will be
converted into a pool house. Given the temporary nature of the use and
the fact that the structure is already existing. Staff believes the proposed
use is compatible with the neighborhood.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Heights and Prospect
Terrace Neighborhood Associations were notified of this request.
ON SITE DRIVES AND PARKING:
The single family residence and accessory dwelling require one, on-site
parking space each. The applicant is proposing to construct a two -car
garage. The driveway is deep enough to accommodate additional
vehicles, if needed.
SCREENING AND BUFFERS'
None required.
5. PUBLIC WORKS COMMENTS:
No Comments.
June 26, 2003
ITEM NO.: 20 (Cont.) FILE NO.: Z-7415
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UTILITY. FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer located in easement on east side of property. No
New Construction allowed within easement.
Entergy: No comments received.
Reliant: Two (2) inch gas line at rear of lot; any relocation will be at
applicant's expense.
Southwestern Bell: Structures are not to encroach into the easement.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required. All Central Arkansas Water requirements in
effect at the time of request for water service must be met.
Fire Department: Approved as submitted.
Countv Plann_: No comments received.
CATA: No comments received.
SUBDIVISION COMMITTEE COMMENT: (JUNE 5, 2003)
The applicant, Mike Berg, was present. Staff presented the item and noted that
additional information was needed regarding the height of the proposed building,
fencing and utilities. Staff advised the applicant that the proposed garage
needed to be relocated out of the easement along the rear lot line. Mr. Berg
responded that no separate utilities were being proposed. Staff noted that an
area coverage variance was needed since the existing accessory building and
the proposed garage together exceeded the allowable 30% rear yard coverage.
Utility comments were noted. The applicant was advised to respond to staff
issues by June 11, 2003.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The R-2 zoned property located at 1725 N. Spruce Street is occupied by a one-
story, brick and frame, single family residence and a detached, two -car garage
structure. Due to an extreme mold problem in the house, the applicant, with
staff's approval, has converted the garage into a temporary dwelling. The house
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June 26, 2003
ITEM NO.: 20 (Cont.) FILE NO.: Z-7415
is to be razed and a new, two-story residence constructed in its place. The
applicant is requesting approval of a conditional use permit to allow the
continued use of the accessory building (garage) as an accessory dwelling. The
applicant proposes to have his 82 year old mother live in the accessory dwelling.
Once her occupancy of the structure ceases, the structure will be converted into
a pool house. The applicant also proposes to construct a new garage building
on the property in conjunction with the new house construction. The new garage
will be two stories in height, with storage above the garage. When added
together, the area of the two accessory structures exceeds the allowable rear
yard area coverage of 30%. The structures cover 53% of the required rear yard.
Privacy fencing encloses the rear yard. The applicant is not asking for separate
utilities and, in fact, has stated that the site will have one set of utilities.
Staff is supportive of the requested conditional use permit for this temporary
accessory dwelling. It is not out of character with the neighborhood to have
guest quarters or "mother-in-law" quarters. On June 11, 2003, the applicant
submitted a revised plan showing the proposed new garage being moved out of
the 8 foot easement along the rear of the property.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions proposed by the applicant:
1. Occupancy of the accessory dwelling is to be limited to the applicant's
mother, after which the structure will be used for storage and as a pool
house.
2. There will not be separate utilities to serve the accessory structures.
Staff recommends approval of a variance to allow the accessory structures to
cover 53% of the required rear yard.
PLANNING COMMISSION ACTION: (JUNE 26, 2003)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the "Staff Recommendation" above. Staff also
recommended approval of the rear yard coverage variance.
There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff, including the area coverage variance. The vote was 9 ayes, 0 noes and
2 absent.
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