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HomeMy WebLinkAboutZ-8137 Staff AnalysisDecember 21, 2006 ITEM NO.: 10 NAME: LOCATION: OWNER/APPLICANT: PROPOSAL: 1. SITE LOCATION: 2 9 2 FILE NO.: Z-8137 Perkins Accessory Dwelling — Conditional Use Permit 4121 Weldon Avenue Benjamin Perkins A conditional use permit is requested to allow an accessory dwelling on this R-2 zoned lot. The property is located on the east side of Weldon Avenue, 6 blocks south of West 361h Street. COMPATIBILITY WITH NEIGHBORHOOD: The property is located at the western edge of the larger John Barrow Community. Surrounding properties are zoned R-2 and many contain single-family homes. Several new homes are under construction in the general area along Foster and Weldon Streets. The applicant's new home and accessory building are located on two lots (.5 acre). The proposed density is not out of character 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 and Westbrook Neighborhood Associations were notified of this request. ON SITE DRIVES AND PARKING: The site is accessed by a single driveway off of Weldon. The house has a two -car garage and the accessory structure has a three -car garage. The code requires one parking space each for the house and the accessory dwelling. There is more than enough parking on the site for the use. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS COMMENTS: No comments. December 21, 2006 ITEM NO.: 10 (Cont. 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. Water: This property is served by a private line. Their water meter is located at the southwest corner of West 42nd Street and Foster Street. A water main extension will be required in order for this property to obtain an additional and/or larger water meter. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006) The applicants were present. Staff presented the item and noted there was little additional information needed. Staff asked the applicant to provide. information on the building design and whether separate utilities were requested. The applicants responded there would not be separate utilities requested. The applicants confirmed that the accessory dwelling would not be rented or occupied permanently; that it was to be used for family members and guests on an occasional basis. There was a discussion of Central Arkansas Water's comments concerning the location of the water service to this property. The applicants were advised to contact the utility. 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 4121 Weldon Street is occupied by a new single-family residence and a new two-story accessory building. The property 2 December 21, 2006 ITEM NO.: 10 (Cont. FILE NO.: Z-8137 consists of two lots totaling one-half acre in size. The accessory structure contains a three -car garage and storage space on the ground floor. The applicants are requesting approval of a conditional use permit to allow the second floor of the structure to be used as an accessory dwelling for family members and guests who will occasionally visit. The two-story accessory structure complies with all code requirements for setbacks, height and area coverage. The code permits two-story accessory dwellings if the ground floor is used for parking or storage. An outside stairway provides access to the second floor. The structure has a rock and siding exterior with a pitched, shingled roof. The structure is compatible with the new house. The applicant has stated no separate utilities are requested and has acknowledged that the property owner must reside on-site. The site has a paved driveway and parking spaces; including five garage spaces between the two structures. The applicant has submitted a statement that there is no valid bill of assurance for the property. Staff is supportive of the proposed accessory dwelling, as proposed by the applicant. The applicant's new residence and accessory structure are a positive addition to the neighborhood, in staff's opinion, and allowing the accessory dwelling/guest quarters should not impact nearby properties. 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 property owner must reside on-site. 3. The accessory dwelling/guest quarters is not to be rented but is to be used for family members and guests who visit the applicants. 4. There are to be no separate utilities. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) Benjamin Perkins was present, representing the application. There were two (2) objectors present. Staff presented the item with a recommendation of approval. Benjamin Perkins addressed the Commission in support of the application. He made no additional comments to the staff report. 3 December 21, 2006 ITEIA NO.: 10 [Cont. FILE NO.: Z-8 Tressie Gilbert addressed the Commission in opposition. She explained that the second floor of the accessory building overlooked her backyard area. She expressed concern with loosing privacy. Drenda Travers also addressed the Commission in opposition. She noted that Mr. Perkins had people in drug rehab working for him and asked if these people would live in the accessory dwelling. Mr. Perkins explained that his clients in drug rehab work for him on the site (yard work, etc.), but the clients would not live on the site. Mr. Perkins explained that his clients would not be considered "guests". Commissioner Laha asked about the pit bull dogs on the site. Mr. Perkins explained that there was underground electronic fences for containment of the dogs. The definition of "accessory dwelling" was briefly discussed. Commissioner Yates asked if the conditional use permit runs with the land and how it would be treated with respect to occupancy. Staff explained that an approved conditional use permit runs with the land and any subsequent owners must adhere to the approval conditions. Staff noted that the property_ owner would have to reside in one of the two dwellings. There was a brief discussion regarding the fact that the structure was built prior to the conditional use permit application. Staff explained that the structure was built as an accessory building not an accessory dwelling. Ms. Gilbert asked why the building was constructed and the neighbors not notified. Commissioner Williams noted that it was constructed as an accessory garage with storage, and the applicant was pow requesting to use the second floor as a dwelling. There was a motion to approve the conditional use permit as recommended by staff. The motion passed by a vote of 10 ayes and 1 nay. The application was approved. 10