HomeMy WebLinkAboutZ-7542 Staff AnalysisNovember 24, 2003
ITEM NO.: 13
File No.: Z-7542
Owner: Ralph and Ernestine Russell
Address: 15325 Crystal Valley Road
Description: Southeast corner of Crystal Valley Road
and Colonel Miller Road
Zoned: 0-3 and AF
Variance Requested: An Administrative Appeal has been filed to
determine if the temporary use of a travel
trailer falls within a property's
nonconforming status.
Justification:
Present Use of Property:
Proposed Use of Property
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Neighborhood Notification:
The applicants' request is contained in an
attached letter.
Single Family Residential
Single Family Residential
The Crystal Valley Property Owners Association, Otter Creek
Homeowners Association and SWLR United for Progress were notified of
the administrative appeal.
C. Staff Analysis:
The 0-3 zoned property at 15,325 Crystal Valley Road is occupied by
one-story brick single family residence. There is a two -car concrete drive
from Colonel Miller Road, and a gravel drive from Crystal Valley Road.
The general area contains single family residences on large tracts of land.
November 24, 2003
ITEM NO.:
There is a large apartment complex to the south, and a large amount of
undeveloped property in the area.
The north one -half -of the property is currently zoned 0-3 and has a
nonconforming status for the existing single family residence. For most of
the past 28 years the property owners have had mobile homes and/or
travel trailers on the property which served as separate residences.
However, there have been no mobile homes or travel trailers on the site in
the past two (2) years.
The applicants, Ralph and Ernestine Russell, recently requested of staff
permission to place a travel trailer on the property for up to 18 months.
The travel trailer would be for the Russell's grandson to live in while he is
attending college. The applicants have noted that there is available
electric, water and septic system for the travel trailer to be connected to,
probably left over from the existing mobile homes and travel trailers which
were previously on the site.
Staff was unable to approve the Russell's request based on the fact that
there have been no mobile homes or travel trailers on the site for over 12
consecutive months. Section 36-153(c) of the City's Zoning Ordinance
addresses nonconforming uses as follows:
"(c) Abandonment or discontinuance. 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 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."
Therefore, the applicants are requesting an appeal of staff's decision that
the temporary placement of a travel trailer on the site is not in
conformance with the property's nonconforming status. The applicants
are asking the Board of Adjustment to determine that, based on the past
history of the property, the temporary placement of the travel trailer is
appropriate. As noted earlier, the applicants are requesting placement of
the travel trailer on the property for up to 18 months.
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November 24, 2003
ITEM NO.: 13
BOARD OF ADJUSTMENT:
(NOVEMBER 24, 2003)
Ernestine Russell was present, representing the application. There were no
objectors present. Staff presented the application to the Board.
Ernestine Russell addressed the Board in support of the application. Chairman
Ruck asked about a motor home he observed in the front yard of the residence
at 15325 Crystal Valley Road. Ms. Russell stated that it was her personal motor
home.
Ms. Russell explained that the travel trailer for her grandson would be placed
behind the house and that it would be connected to an existing septic system
where a mobile home once existed. This issue was briefly discussed.
There was a lengthy discussion regarding the placement of a travel trailer on the
property. Ms. Russell noted that the Crystal Valley Property Owner's Association
had no objection to the travel trailer being placed on the property.
There was a motion to approve the appeal and approve the 18 -month placement
of a travel trailer on the property for the Russell's grandson to live in while
attending school. The motion passed by a vote of 3 ayes, 1 nay and 1 absent.
Staff clarified the issue as follows: The 18 -months beings from the date that the
travel trailer is placed on the property, not from this meeting date. The Board
agreed with staff's clarification.
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