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HomeMy WebLinkAboutZ-8105 Staff AnalysisSeptember 28, 2006 ITEM NO.: 13 NAME: Alexander Accessory Dwelling — Conditional Use Permit LOCATION: 109 South Martin Street FILE NO.: Z-8105 OWNER/APPLICANT: Mary Alexander PROPOSAL: A conditional use permit is requested to allow for construction of a two-story accessory dwelling on this R-3 zoned lot. 1. SITE LOCATION: The property is located on the east side of Martin Street; just south of West Markham Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area that is predominately single family in use and zoning. South of Markham Street, the majority of homes are one-story, Craftsman style. North of Markham, two-story homes are more common. A two-story multifamily building is located across Martin Street to the northwest. A single family residence being used as a Quaker meeting house is located west of the apartments. While staff is generally supportive of the concept of an accessory dwelling, there are concerns abut the height and scale of the proposed structure. Staff believes it could be more compatible with the immediate neighborhood if it were one-story and smaller in area. All owners of property located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Capitol View/Stifft Station and Hillcrest Neighborhood Associations were notified of this request. A letter of support was submitted by the Capitol View/Stifft Station Neighborhood Association. 3. ON SITE DRIVES AND PARKING: The existing single family residence and accessory dwelling each require one on-site parking space. The property has a long, concrete -paved, single -wide driveway off of S. Martin Street. The applicant proposes to construct a paved parking space off of the alley, adjacent to the accessory dwelling. The proposed parking complies with ordinance requirements. September 28, 2006 NO.: 13 (Cont. 4. SCREENING AND BUFFERS.- No UFFERS:No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No Comments received. CenterPoint Energy: No Comments received. AT&T (SBC): No Comments received. FILE NO.: Z-8105 Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No Comments received. County Planning: No Comments. CATA: The site is not located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 7, 2006) The applicant was present. Staff presented the item and noted information was needed regarding the design of the structure. The applicant responded that it would be similar to the existing house; most likely with wood siding. Staff noted the variances associated with the request and suggested that the structure should have the required three (3) foot side yard setback. The applicant responded that providing a three (3) foot side yard while maintaining the same size structure would require removing a large oak tree. Staff noted for the record that the property owner must occupy one of the dwellings. The Committee determined there were no other issues and forwarded the item to the full Commission. 2 September 28, 2006 ITEM NO.: 13 [Cont. STAFF ANALYSIS: FILE NO.: Z-8 The R-3 zoned property located at 109 South Martin Street is occupied by a one- story, brick and frame single family residence and a one-story, detached, frame accessory building. The applicant proposes to remove the accessory building and build in its place a two-story accessory dwelling. The applicant plans to use the accessory dwelling as a residence for her elderly mother or for herself if her mother is physically better off to live in the principal dwelling. The applicant proposes to rent the accessory dwelling once her mother no longer needs it. Separate utilities are requested. An additional parking pad will be constructed next to the structure, taking access off of the alley. There are three (3) variances associated with the proposal. Section 36-252(a)(6) of the code permits the two-story type of construction for accessory dwellings when the ground floor is occupied as an automobile garage or accessory storage for the dwelling units on the lot. The applicant proposes a two-story structure with both floors being occupied as the accessory dwelling. Section 36-252(a)(2) states "In no case shall the floor area of the accessory dwelling exceed that of the principal dwelling." The proposed 20'X 36' two-story accessory dwelling will have a floor area of 1.440 square feet. The principal dwelling has an area of 29.2'X 45.5', or 1,328 square feet. Section 36-156(2)(f) of the code requires accessory buildings to have at least a three (3) foot setback from the side property line. The applicant proposes to build on the existing foundation, which has a side yard setback of one (1) foot. The applicant states to move the building to provide the three (3) foot side yard while maintaining the size would require removing an oak tree. While staff is generally supportive of the concept of allowing an accessory dwelling, there are concerns with the specifics of this proposal. It is staff's opinion that permitting the two-story accessory dwelling goes beyond the intent of the code in permitting such dwellings. That concern is amplified by the fact that the proposed accessory dwelling will have a floor area that actually exceeds that of the principal dwelling. Furthermore, staff believes the applicant should provide the required three (3) side yard. The impact of the reduced setback is increased by increasing the height of the structure from one to two stories. The applicant could provide the required setback and still protect the tree by reducing the size of the proposed structure. The 1899 bill of assurance does not address use issues. The Capitol View/Stifft Station Neighborhood submitted a letter of support. STAFF RECOMMENDATION: Staff recommends denial of the application as proposed. 3 September 28, 2006 ITEM NO.: 13 (Cont. FILE NO.: Z-8105 PLANNING COMMISSION ACTION: (SEPTEMBER 28, 2006) Staff informed the Commission that the applicant had amended the application by reducing the building footprint to 18'X 36' and by providing the required 3' side yard setback. The area of the proposed accessory dwelling is now less than the area of the existing principal dwelling. Staff recommended approval of the CUP as amended, subject to compliance with the following condition: 1. One of the dwellings must be occupied by the property owner. Staff recommended approval of the request to have separate utilities and of the variance to allow the two-story construction. Staff noted that a letter of support was submitted by the Capitol View/Stifft Station Neighborhood Association. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as amended and recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. C!