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HomeMy WebLinkAboutZ-7909 Staff AnalysisAugust 21, 2008 ITEM NO.: 7 FILE NO.: Z-7909 NAME: Colon Accessory Dwelling — Conditional Use Permit LOCATION: 1410 Commerce Street PROPOSAL: Time Extension on a previously approved conditional use permit to allow an accessory dwelling on this R -4A zoned lot. On September 1, 2005, the Planning Commission approved a conditional use permit to allow for construction of an accessory dwelling on this R -4A zoned lot. The applicant proposed to construct a 2,241 square foot residence on this vacant lot. A 1,034 square foot accessory building was proposed to be built in the rear yard of the property. The accessory structure was to be connected to the principal dwelling by an unenclosed, covered breezeway. The accessory building was to contain at 458 square foot accessory dwelling and a 576 square foot, two -car garage. The property is within the MacArthur Park Historic District and on August 4, 2005, the Historic District Commission approved the proposal subject to various conditions. Neither the principal dwelling nor accessory dwelling have been built. Section 36-108.(c) of the City code states the maximum allowable time to exercise the authorization of the conditional use permit is three (3) years. Required permits are to be obtained within the allotted period. The applicant is requesting an extension of the previously approved conditional use permit. The applicant states there is an ongoing legal dispute regarding the actual ownership or partial ownership of Lot 11, which affects the north Meet of this site. Consequently, she has been unable to obtain clear title insurance. Additionally, the tightening mortgage market has affected her ability to finance the project. Staff is supportive of allowing a two-year extension. Notice of this request was sent to all owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the MacArthur Park and Downtown Neighborhood Associations. A copy of the Commission's 2005 action is attached. October 2, 2008 ITEM NO.: 7(Cont.)FILE NO.: Z-7909 STAFF RECOMMENDATION: Staff recommends approval of a two-year extension of the previously approved conditional use permit subject to compliance with all conditions imposed by the Commission on September 1, 2005. PLANNING COMMISSION ACTION: (OCTOBER 2, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as 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 10 ayes, 0 noes and 1 absent. K SEPTEMBER 1, 2005 PLANNING ITEM ITEM NO.: 6 FILE NO.: Z-7909 NAME: Colon Accessory Dwelling — Conditional Use Permit LOCATION: 1410 South Commerce Street OWNER/APPLICANT: Donna Colon/Herron Horton Architects PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling on this R -4A zoned property. 1. SITE LOCATION: RN The property is located on the west side of Commerce Street, one property south of Daisy L. Gatson Bates Drive; south of 1-630. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is primarily residential in nature; including a scattering of single family homes; vacant residential lots and apartments. North of the site is a single family residence. Beyond that is vacant property and 1-630. East of the site are vacant properties, single family residences and a residence which is being rebuilt. Vacant lots are located to the west. South of the site is a residence which is being rebuilt and a multifamily structure. The site is on the edge of the path of destruction caused by the 1999 tornado. The base zoning in the area, including this lot, is R -4A, which permits two-family residences as a by - right use. The LR Historic District Commission has approved the project. The proposed accessory dwelling is compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Downtown and MacArthur Park Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The principal and accessory dwellings require one on-site parking space each. The applicant proposes to construct a two -car garage and one additional paved parking space; all taking access off of the alley to the rear of the site. September 1, 2005 ITEM NO.: 6 (Cont.) FILE NO.: Z-7909 4. SCREENING AND BUFFERS: No Comments, 5. PUBLIC WORKS COMMENTS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Resurface asphalt rear alley to a width of 18 ft. for the length of the property. 3. No parking is permitted in rear alley. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Service available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter(s). Fire Department: Approved as submitted. County Planning: No Comments. CATH: A CATA Bus Route is located just north of this site, at 14th and Commerce. SUBDIVISION COMMITTEE COMMENT: (AUGUST 11, 2005) The applicant was present. Staff presented the item and noted additional information was needed on building height and design. Staff asked if separate utilities were requested. Staff informed the Committee that the Historic District Commission had approved the item at its August 4, 2005 meeting. Staff commented that a variance was needed for the rear yard coverage. September 1, 2005 ITEM NO.: 6 (Cont.) FILE NO.: Z-7909 Utility and Public Works Comments were discussed. The applicant was advised to contact the Fire Marshall's office regarding their comments. Public Works staff stated the applicant needed to be aware that the City no longer maintained alleys and the applicant was "on her own" if she desired to have alley access. The applicant was advised to respond to staff issues by August 17, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow for construction of an accessory dwelling in conjunction with a new single family residence to be built on this vacant, R -4A zoned property. The applicant proposes to construct a 2,241 square foot single family residence. A 1,034± square foot accessory structure will be connected to the house by an unenclosed, covered breezeway. The accessory structure will contain a 576± square foot two -car garage and a 458± square foot accessory dwelling. The accessory structure will be one-story in height. Both structures will be constructed with hardiplank lap siding, asphalt shingle roofs and metal clad wood windows. A 6 -foot tall wood privacy fence will enclosed the rear yard. A parking slab for an additional parking space will be placed adjacent to the garage. Access to the parking space and garage will be off of the alley to the rear of the lot: A single meter.vYill be provided for utilities to the site. The alley will be resurfaced for the width of the property. The property is located in the MacArthur Park Historic District. On August 4, 2005, the Historic District Commission unanimously approved the proposal subject to various conditions related to building and fence design. Staff is supportive of the requested conditional use permit. The property is located at the edge of the path of the 1999 tornado. There are many vacant properties and homes, which were damaged in the immediate area. Staff is encouraged by this quality infill development. The property is zoned R -4A which permits duplex residences as a by -right use. The purpose and intent of the R -4A zoning district states: "...for single family use with conversions to two-family units or the addition of accessory residential units. The R -4A district should be located in developed areas of the city with an environment suitable for moderate density residential use and in established medium density residential areas where densification may facilitate their continuation as desirable areas." 3 September 1, 2005 ITEM NO.: 6 (Cont. FILE NO.: Z-7909 Staff believes the applicant's proposal clearly complies with the purpose and intent of the R -4A district. The Original City of Little Rock bill of assurance does not address use issues. The applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. The R -4A zoning district does not have the requirement that the property owner occupy one of the units, as in R-2 and R-3 single family. The structure does occupy more than the allowable 30% rear yard coverage for accessory structures. This is not out of character for this part of Little Rock. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 5 and 6 of the agenda staff report. 2. Compliance with the conditions imposed by the Little Rock Historic District Commission. Staff recommends approval of the rear yard coverage variance. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 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. Staff recommended approval of a rear yard coverage variance and of a late request by the applicant to have separate utility meters. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. 2 September 1, 2005 ITEM NO.: 6 FILE NO.: Z-7909 NAME: Colon Accessory Dwelling — Conditional Use Permit LOCATION: 1410 South Commerce Street OWNER/APPLICANT: Donna Colon/Herron Horton Architects PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling on this R -4A zoned property. 1. SITE LOCATION: The property is located on the west side of Commerce Street, one property south of Daisy L. Gatson Bates Drive; south of 1-630. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is primarily residential in nature; including a scattering of single family homes; vacant residential lots and apartments. North of the site is a single family residence. Beyond that is vacant property and 1-630. East of the site are vacant properties, single family residences and a residence which is being rebuilt. Vacant lots are located to the west. South of the site is a residence which is being rebuilt and a multifamily structure. The site is on the edge of the path of destruction caused by the 1999 tornado. The base zoning in the area, including this lot, is R -4A, which permits two-family residences as a by - right use. The LR Historic District Commission has approved the project. The proposed accessory dwelling is compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Downtown and MacArthur Park Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The principal and accessory dwellings require one on-site parking space each. The applicant proposes to construct a two -car garage and one additional paved parking space; all taking access off of the alley to the rear of the site. 4. SCREENING AND BUFFERS: No Comments. September 1, 2005 ITEM NO.: 6 (Cont.) _ FILE NO.: Z-7909_ 5. PUBLIC WORKS COMMENTS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Resurface asphalt rear alley to a width of 18 ft. for the length of the property. 3. No parking is permitted in rear alley. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Service available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter(s). Fire Department: Approved as submitted. County Planning: No Comments. CATA: A CATA Bus Route is located just north of this site, at 14th and Commerce. SUBDIVISION COMMITTEE COMMENT (AUGUST 11, 2005) The applicant was present. Staff presented the item and noted additional information was needed on building height and design. Staff asked if separate utilities were requested. Staff informed the Committee that the Historic District Commission had approved the item at its August 4, 2005 meeting. Staff commented that a variance was needed for the rear yard coverage. Utility and Public Works Comments were discussed. The applicant was advised to contact the Fire Marshall's office regarding their comments. Public Works staff stated the applicant needed to be aware that the City no longer maintained alleys and the applicant was "on her own" if she desired to have alley access. 2 September 1, 2005 ITEM NO.: 6 (Cont. FILE NO.: Z-7909 The applicant was advised to respond to staff issues by August 17, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow for construction of an accessory dwelling in conjunction with a new single family residence to be built on this vacant, R -4A zoned property. The applicant proposes to construct a 2,241 square foot single family residence. A 1,034± square foot accessory structure will be connected to the house by an unenclosed, covered breezeway. The accessory structure will contain a 576± square foot two -car garage and a 458± square foot accessory dwelling. The accessory structure will be one-story in height. Both structures will be constructed with hardiplank lap siding, asphalt shingle roofs and metal clad wood windows. A 6 -foot tall wood privacy fence will enclosed the rear yard. A parking slab for an additional parking space will be placed adjacent to the garage. Access to the parking space and garage will be off of the alley to the rear of the lot. A single meter will be provided for utilities to the site. The alley will be resurfaced for the width of the property. The property is located in the MacArthur Park Historic District. On August 4, 2005, the Historic District Commission unanimously approved the proposal subject to various conditions related to building and fence design. Staff is supportive of the requested conditional use permit. The property is located at the edge of the path of the 1999 tornado. There are many vacant properties and homes, which were damaged in the immediate area. Staff is encouraged by this quality infill development. The property is zoned R -4A which permits duplex residences as a by -right use. The purpose and intent of the R -4A zoning district states: "...for single family use with conversions to two-family units or the addition of accessory residential units. The R -4A district should be located in developed areas of the city with an environment suitable for moderate density residential use and in established medium density residential areas where densification may facilitate their continuation as desirable areas." Staff believes the applicant's proposal clearly complies with the purpose and intent of the R -4A district. The Original City of Little Rock bill of assurance does not address use issues. The applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. The R -4A zoning district does not have the requirement that the property owner occupy one of the units, as in R-2 and R-3 single family. The structure does occupy more than the allowable 30% rear yard 3 September 1, 2005 ITEM NO.: 6 (Cont.) FILE NO.: Z-7909 coverage for accessory structures. This is not out of character for this part of Little Rock. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 5 and 6 of the agenda staff report. 2. Compliance with the conditions imposed by the Little Rock Historic District Commission. Staff recommends approval of the rear yard coverage variance. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 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. Staff recommended approval of a rear yard coverage variance and of a late request by the applicant to have separate utility meters. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. 4