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HomeMy WebLinkAboutZ-7853 Staff AnalysisJune 9, 2005 ITEM NO.: 9 NAME: LOCATION: OWNER/APPLICANT: Briscoe Accessory Dwelling — Conditional Use Permit 3701 Potter Street William E. Briscoe, III FILE NO.: Z-7853 PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling on this R-3 zoned lot. 1. SITE LOCATION: The property is located on the southeast corner of W. 37th and Potter Streets; in the John Barrow neighborhood. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a predominately single family neighborhood. Single family homes are located to the north, east and south. A City park occupies a four -block area to the west. Housing in the immediate area ranges from distressed to good quality. A large area of undeveloped property is located one block to the east. The applicant proposes to replace an existing building with a small, one -bedroom accessory dwelling. He has committed to a condition that the property owner will occupy the property. Staff believes the proposed use will be compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The principal dwelling and accessory dwelling require one on-site parking space each. Currently, the site is served by a single -wide, concrete drive off of W. 37th Street. The applicant has agreed to widen the driveway to accommodate two vehicles. 4. SCREENING AND BUFFERS: No comments. June 9, 2005 ITEM NO.: 9 (Cont. 5. PUBLIC WORKS COMMENTS: No comments. 6. UTILITY FIRE DEPT. AND CATA COMMENTS: FILE NO.: Z-7853 Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No Comments. CATA: A CATA Bus Route is located just north of this site, at 36th Street. SUBDIVISION COMMITTEE COMMENT: (MAY 19, 2005) The applicant was present. Staff presented the item and noted there were few outstanding issues. Staff asked the applicant to provide a description of the building materials. Mr. Briscoe stated the building would be designed to match the existing, frame residence. In response to a question, Mr. Briscoe stated only a separate electric meter would be requested; that other utilities would be shared with the principal dwelling. Mr. Briscoe stated he would widen the driveway to accommodate two vehicles and would comply with Ordinance standards for building setbacks. There were no other comments to discuss. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned lot located at 3701 Potter Street is occupied by a one-story, frame single family residence and a detached, frame garage structure. The applicant proposes to remove the garage, which is in a state of disrepair, and build in its 2 June 9, 2005 ITEM NO.: FILE NO.: Z-7853 applicant proposes to remove the garage, which is in a state of disrepair, and build in its place an accessory dwelling. The accessory dwelling is to be the same size as the existing garage; 24' by 31'. The accessory dwelling will be designed to match the architecture of the house. The structure will contain one bedroom, a bathroom and a combined kitchen -living area. The applicant had intended to utilize the existing foundation but has found it to be unstable. The new structure will be moved 1-2 feet away from the north property line to provide the required 15 foot street side setback. The new structure will be one story in height. The applicant will widen the existing paved driveway to accommodate one additional vehicle. The 1907 Bill of Assurance does not address use issues. The applicant has stated it is his desire to provide a home for his elderly mother. With her living in the accessory dwelling, the applicant or his son can care for her. The applicant has proposed the condition that he or his son must live in the house while his mother lives in the accessory dwelling. He has also proposed that owners of the property must live on the site in the event the accessory dwelling is rented after his mother's death. Staff believes it is important that the property owner reside on the site, whether the accessory dwelling is occupied by a family member or rented to another individual. Occupancy of the site by the property owner provides a greater level of responsibility and surety that the site will be maintained. With this condition, staff can support the proposal. The applicant has requested a separate electric meter for the accessory dwelling. Other utilities will not be split. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the utility comments in Section 6 of the Agenda Staff Report. 2. The owner of this property must occupy either the principal dwelling or accessory dwelling as their principal residence. Staff recommends approval of separate electric meters. PLANNING COMMISSION ACTION: (JUNE 9, 2005) 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. 3 June 9, 2005 ITEM NO.: 9 (Cont. FILE NO.: Z-7853 The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. 4