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HomeMy WebLinkAboutZ-7429 Staff AnalysisSeptember 4, 2003 ITEM NO.: C FILE NO.: Z-7429 NAME: Brown Accessory Dwelling — Conditional Use Permit LOCATION: 1814 East 38th Street OWNER/APPLICANT: Jerimaine Terrell Brown PROPOSAL: A conditional use permit is requested to allow for construction of an accessory building containing a four -car garage on the ground floor and an accessory dwelling on the upper floor. The property is zoned R-2. 2 3 SITE LOCATION: The property is located on the north side of East 38th Street, 6 lots east of Springer Blvd., in the Granite Mountain Community. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a neighborhood comprised of single family residences. The larger surrounding area does contain a variety of other uses; including a community service organization, city park, small commercial strip center, a church and a former Housing Authority development. Staff is concerned that the proposed accessory dwelling is out of character with the remainder of the single family residential properties in the immediate neighborhood, and in fact, may not be 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 Granite Mountain Neighborhood Association were notified of this request. ON SITE DRIVES AND PARKING: One, on-site parking space each is required for the accessory dwelling and the existing house. The site currently has a paved driveway large enough to accommodate the required parking. The applicant proposes to extend a driveway into the rear yard to access the proposed new four -car garage. 4. SCREENING AND BUFFERS: None required. September 4, 2003 ITEM NO.: C (Co 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: FILE NO.: Z-7429 Wastewater: Sewer main located in easement on east side of property. No construction within easement. Entergy: No Comments received. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: No Comments received. SUBDIVISION COMMITTEE COMMENT: (JULY 17, 2003) The applicant was present. Staff presented the item and noted additional information was needed on the design of the proposed accessory dwelling. Staff asked that the applicant provide the square footage of the existing house and show the driveway to the accessory building on the site plan. Staff noted the applicant's statement that the accessory dwelling would be occupied only by family members and no separate utilities were being requested. Staff also noted that the property was covered by a valid bill of assurance that included the following provision: 11. No trailer, basement, tent, shack, barn, or other out -building erected on any lot in the subdivision shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. The applicant was advised to meet with the neighborhood association. Mr. Brown responded that he was scheduled to appear at the association's next meeting. 2 September 4, 2003 ITEM NO.: C CoE�t. FILE NO.: Z-7429 The applicant was advised to respond to staff issues by July 23, 2003. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned lot located at 1814 East 38th Street is currently occupied by a one-story, brick and frame, single-family residence. The applicant is in the process of building a two-story accessory building. The ground floor is to contain a four -car garage. The upper floor is proposed to contain an accessory dwelling. The applicant has stated that the accessory dwelling will only be occupied by family members and separate utilities will not be extended to the structure. With recent additions, the existing house contains 1,473 square feet. The proposed accessory dwelling has 960 square feet. A driveway will be extended from East 38th Street to the new garage -accessory structure. The house and property are typical of those in this neighborhood. The accessory building will be constructed of frame with white vinyl siding. The pitched roof will have red, architect shingles. The bill of assurance for Granite Heights Subdivision No. 2 was recorded in 1962 and was binding for a period of 30 years with automatic 10 year extensions. The bill of assurance does contain the following provision that is pertinent to the issue before the Commission: 11. No trailer, basement, tent, shack, barn, or other out -building erected on any lot in the subdivision shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. Staff does have concerns about the proposal. It does not appear that there are any other accessory dwellings in the neighborhood or the other nearby residential neighborhoods. The neighborhood is comprised solely of well- maintained, detached single-family residences. While there certainly is nothing particularly onerous about the concept of an accessory dwelling, staff does not feel that such a use is compatible with this neighborhood. The applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. STAFF RECOMMENDATION: Staff recommends denial of the application. 3 September 4, 2003 SUBDIVISION ITEM NO.: C Cont. FILE NO.: Z-7429 PLANNING COMMISSION ACTION- (AUGUST 7, 2003) Staff informed the Commission that the applicant sent the required "Notice of Public Hearing" on July 28, 2003; 10 days prior to the public hearing rather than the required 15 days. The Commission determined it appropriate to defer the application. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the September 4, 2003 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes and 1 nay. The application was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2003) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of denial. It was noted that a letter had been submitted by the Union Pacific Railroad Company voicing concerns about allowing a dwelling to be located in such close proximity to the railroad. The applicant, Jerimaine Brown, addressed the Commission and stated he had worked for 2 years to rehabilitate the house. He stated the trains traveled only 2-3 miles per hour and would not likely jump the tracks. Mr. Brown noted there was no opposition from the neighbors. He presented papers signed by neighborhood residents that he claimed were in support of his proposal. Commissioner Muse commented that there were some homes in the neighborhood that were as close to the train tracks. Jim Lawson, Director of Planning and Development, stated the railroad felt it was important to get their concerns on record. Mr. Brown's uncle addressed the Commission in support of the application. He spoke at length about Mr. Brown's character and family values. In response to a question from Commissioner Rector, Mr. Brown stated the accessory dwelling would only be occupied by a family member. Commissioner Faust questioned the significance of the Bill of Assurance issue. Deputy City Attorney Cindy Dawson stated the Commission is asked to recognize the Bill of Assurance exists and to take it into account. She noted that Mr. Brown could still be taken to court by an aggrieved neighbor. 4 September 4, 2003 SUBDIVISION ITEM NO.: C Cont. FILE NO.: Z-7429 A motion was made to approve the application with the following conditions: 1. The approval is granted only to this applicant, Jerimaine Brown, and his occupancy of the property. 2. The accessory dwelling is only to be occupied by a family member. 3. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the staff report. 4. The approval is not transferable to a subsequent property owner. 5. There are not to be separate utilities. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. 5