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HomeMy WebLinkAboutZ-7689-A Staff AnalysisSeptember 9, 2004 ITEM NO.: 8 FILE NO.: Z -7689-A NAME: Lipsmeyer Accessory Dwelling — Conditional Use Permit LOCATION: 5515 "H" Street OWNER/APPLICANT: Teri Lipsmeyer PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling on the second floor of a proposed accessory structure to be built on this R-3 zoned lot. SITE LOCATION: The property is located on the south side of "H" Street, between Polk and Taylor Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The properties immediately around the site are zoned R-2 and R-3 and are occupied by single family residences. Within the larger neighborhood around the site, there are several nonresidential uses; including Forest Heights Middle School located two blocks to the west, Francis Allen School located one block to the east, Fair Park Elementary and Woodlawn Baptist Church located two blocks to the south. There have been other accessory dwellings approved in the general area; including Hillcrest, Lincoln Park and Prospect Terrace. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Hillcrest Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The principal dwelling and proposed accessory dwelling require one on- site parking space each. The proposed garage will be accessed via an alley off of "H" Street. The garage will contain parking for two vehicles. 4. SCREENING AND BUFFERS: No Comments. September 9, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z -7689-A 5. PUBLIC WORKS COMMENTS: 1. No encroachment of fill or wall construction of any kind should be placed within the existing alley ditch that would obstruct flow or narrow the channel. Contact Mel Hall (501) 918-5217 for grading inspection during construction. 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Existing 8" sewer main located in alley. Contact Little Rock Wastewater Utility prior to construction for location and assistance if necessary. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. A route is located nearby; on Lee Avenue, north on Fillmore and west "H" Street; 1 Y2 blocks west of this site. SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004) The applicant was not present. Staff presented the item and informed the Commission that some additional information was needed on building design and interior layout of the accessory dwelling. The Committee was informed that the Board of Adjustment had approved an area coverage variance on July 26, 2004 to allow construction of the two-story accessory building. Staff noted the applicant had stated only family members would occupy the accessory dwelling. Staff stated the applicant would be contacted regarding the outstanding information. Public Works and Utility Comments were noted. 2 September 9, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z -7689-A The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned lot located at 5515 "H" Street is currently vacant. The applicant proposes to construct a new, single-family residence and an accessory structure on the property. The accessory building is proposed to contain a two -car garage on the ground floor and an accessory dwelling on the upper floor. Access to the garage is via an alley on the east side of the lot, off of "H" Street. The accessory dwelling is proposed to contain two bedrooms, a living area, bathroom and kitchen. Occupancy of the accessory dwelling will be limited to family members of the property owner and it will not be rented. No separate utilities are requested. The building will be constructed of brick and frame to match the new house. The bill of assurance does not address use issues. Staff is supportive of the requested Conditional Use Permit. There are other accessory dwellings in the overall area; including Hillcrest, Prospect Terrace and Lincoln Park. On July 26, 2004, the Board of Adjustment approved an area coverage variance to allow the accessory building to occupy more than 30% of the required rear yard. The property is bordered by a 10 foot alley on the east and a 20 foot, undeveloped alley on the south; providing additional separation. With the limits placed on occupancy of the accessory dwelling, the use should be compatible with the neighborhood. The applicant has requested to be allowed to construct the accessory building prior to constructing the principal dwelling, due to difficulty in accessing the rear of the lot. Staff believes the building permit for the principal dwelling must be pulled at the same time as the permit for the accessory building. The Certificate of Occupancy for the accessory building should not be issued prior to the Certificate of Occupancy for the principal dwelling. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit to compliance with the following conditions: 1. Compliance with the Public Works and Utility Comments in Sections 5 and 6 of the Staff Report. 2. Occupancy of the accessory dwelling is to be limited to family members and guests of the property owner and the accessory dwelling is not to be rented. 3 September 9, 2004 ITEM NO.: 8 [Cont.] FILE NO.: Z7 3. The property owner is to live on the site. 4. The building permit for the accessory dwelling 'Maybe issued at the same time as the building permit for the principal dwelling. The Certificate of Occupancy for the accessory building is not to be issued prior to issuance of the Certificate of Occupancy for the principal dwelling. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) 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. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 7 ayes, 0 noes and 4 absent. 4