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HomeMy WebLinkAboutZ-7594 Staff AnalysisMay 6, 2004 ITEM NO.: M FILE NO.: Z-7594 NAME: LOCATION: OWNER/APPLICANT: Vasquez Accessory Dwelling — Conditional Use Permit 6720 Mabelvale Cut -Off Jamie and Ruth Vasquez PROPOSAL: A conditional use permit is requested to allow for the conversion of the existing accessoryy structure on this R-2 zoned, .39t acre tract into an accessory dwelling. The applicant is not proposing to occupy either dwelling. i1 2 3. SITE LOCATION: The property is located at the northeast corner of Mabelvale Cut -Off and Warren Drive. COMPATIBILITY WITH NEIGHBORHOOD: Although the surrounding neighborhood is primarily single family in zoning and use, there are other uses in the general vicinity. Two large apartment complexes are located to the east, on either side of Mabelvale Cut -Off. A nonconforming skating rink is located nearby to the northeast. Duplexes are located across Mabelvale Cut -Off to the.south. Single family homes are located north, south and west of the site. While staff is generally supportive of accessory dwellings, the applicant, in this case, does not propose to occupy either dwelling. There has been a history of concern about substandard rental property in this area and staff is concerned that allowing the proposed two rental units may not be in the best interest of the nearby single family residential neighborhood. ON SITE DRIVES AND PARKING: The principal dwelling and accessory dwelling are required to have one on-site parking space each. The site has paved driveways off of Mabelvale Cut -Off and Warren Drive. There is adequate parking available on site to accommodate both dwellings. 4. SCREENING AND BUFFERS: No Comments. May 6, 2004 ITEM NO.: M (Cont. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. Southwestern Bell: Approved as submitted. Water: No objection. Fire Department: Approved as submitted. County Planninq: No Comments. CATA: The site is located on a CATA Bus Route. NO.: Z-7594 SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) The applicant, Ruth Vasquez, was present. Staff presented the item and noted the applicant was requesting a variance from the requirement that the property owner occupy one of the dwellings. In response to a question from the Committee, Ms. Vasquez stated the house was currently being rented. Staff noted that the site had adequate parking to serve both dwellings. Public Works, Landscape and Utility Comments were noted. Staff informed the Committee that the property was not within a subdivision and was not covered by a bill of assurance. 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 6720 Mabelvale Cut -Off is occupied by a one- story, brick and frame single family residence and a detached, block accessory building. The block building was at one time utilized as a recording studio and contains a control room, performing studio, storage space, kitchen, restroom 2 May 6, 2004 ITEM NO.: M (Cont.) FILE NO.: Z-7594 and shower. The recording studio was a nonconforming use. The house and accessory building both have paved driveways and parking pads. The applicants are requesting approval of a conditional use permit to allow the block accessory building to be converted into an accessory dwelling. The applicants do not propose to occupy either dwelling. They are requesting a variance from Section 36-252 of the Code which requires that the landowner occupy one of the dwellings. Staff is not supportive of the requested conditional use permit. While staff is generally supportive of accessory dwellings, there are concerns about the fact that the applicants do not propose to occupy either_ of these dwellings. There has been a history of concern in this neighborhood about substandard rental property. Staff feels that allowing the conversion of the block building into another dwelling, thus creating two rental units on this site, could have a negative impact on the adjacent single family neighborhood. The property is not located within a subdivision and is not covered by a valid bill of assurance. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. At 7:00 p.m. the total number of Commissioners present at the meeting dropped to eight (8). According to Planning Commission Policy, Chairman Rahman offered a deferral to the April 8, 2004 Agenda to all remaining applicants. The Commission had previously determined to make the informal meeting of April 8, 2004 a public hearing, beginning at 4:00 p.m. The applicant asked that the application be deferred to the April 8, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. PLANNING COMMISSION ACTION: (APRIL 8, 2004) The applicant, Ruth Vasquez, was present. Ms. Eugenia Williams was present assisting Ms. Vasquez. There were two objectors present. Staff presented the item and a recommendation of denial. Ms. Williams stated the block building had previously been used as a recording studio and contained a kitchen and bath facilities. She stated Ms. Vasquez had 3 May 6, 2004 ITEM NO.: M FILE NO.: Z-7594 purchased the property as an investment. Ms. Williams asked that the Commission approve the application. She asked what the structure could be used for if the application were denied. Chairman Rahman stated it would not be as much of an issue if the applicant proposed to occupy one of the dwellings. Ms. Williams reiterated that the property was purchased as an investment, with the intent to rent both dwellings. Ms. Vasquez stated she understood the neighbors' concerns about some of the other properties in the area. She stated she took care of this site. Chairman Rahman stated the Zoning Ordinance required the property owner to occupy one of the dwellings. Commissioner Rector explained the concept of "accessory dwellings". He voiced support for the concept of converting the structure into a dwelling and asked if the property could be subdivided so that there would be one principal dwelling on each lot. Monte Moore, of the Planning Staff, responded that the property could be subdivided but there would likely be variances due to relationship of the structures to the property lines. Commissioner Rector stated that would be better than setting the precedent of supporting "non -owner" occupation of accessory dwelling sites. He asked if the item could be deferred and amended to a plat or PRD. Dana Carney, of the Planning Staff, stated staff would prefer that this application be withdrawn and a completely new application filed. Commissioner Floyd commented that he could not support this application, although he was sympathetic to the applicant's situation. Cindy Dawson, of the City Attorney's Office, stated a deferral might be appropriate. Ms. Vasquez agreed to a deferral. Janet Berry, of SWLR United for Progress, stated the applicant did attend a meeting of the association. She stated the applicant has made improvements to the site. Ms. Berry stated the neighbors had concerns about "rental property". She commented that whatever mechanism was employed, there would still be two rental dwellings. Commissioner Rector commented that the neighborhood might benefit from having a derelict building fixed up. Troy Laha, of 6602 Baseline Road, stated he was speaking a behalf of neighboring property owners who were opposed to neither dwelling being occupied by the property owner. A motion was made to defer the item to the May 6, 2004 Commission meeting. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. 4 May 6, 2004 ITEM NO.: M (Cont. FILE NO.: Z-7594 PLANNING COMMISSION ACTION: (MAY 6, 2004) The applicant was present. There were no objectors present. Staff presented the item and informed the Commission that the applicant had just submitted a request that the item be withdrawn since she had filed a PRD application to subdivide the property into two, single family lots. There was no further discussion. A motion was made to waive the bylaws and to accept the late withdrawal request. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 11 ayes, 0 noes and 0 absent. 5