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HomeMy WebLinkAboutZ-8175 Staff AnalysisMarch 15, 2007 ITEM NO.: 9 FILE NO.: Z-8175 NAME: Brown Accessory Dwelling — Conditional Use Permit LOCATION: 217 S. Johnson Street OWNER/APPLICANT: Cindy Brown PROPOSAL: A conditional use permit is requested to allow for conversion of an existing accessory building into a two-story accessory dwelling. The property is zoned R-3. 1. SITE LOCATION: The site is located on the east side of S. Johnson Street, two blocks south of West Markham. 2. COMPATIBILITY WITH NEIGHBORHOOD: 3 The property is located in an area that is principally single family in zoning and use. The immediate neighborhood does also contain a scattering of duplex residential. There are several commercial uses located farther north of the site, at Markham and Kavanaugh. The structure proposed for use as an accessory dwelling already exists. The applicant proposes some relatively minor renovations to the structure and the addition of some paved parking within the fenced rear yard. The proposed use could be compatible with uses in the area. All owners of properties 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 Neighborhood Association were notified of this request. ON SITE DRIVES AND PARKING: The site currently has a gravel driveway that extends from Johnson Street, along the south side of the house, to the rear yard. The applicant proposes to pave the driveway and to create a paved parking pad in the rear yard. Each dwelling unit is required to have one parking space. The applicant's proposal will provide the required on -site parking. On street parking is also available. 4. SCREENING AND BUFFERS: No Comments. March 15, 2007 ITEM NO.: 9 (Cont.) FILE NO.: Z-8175 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. AT&T (SBC): No Comment received. Water: Contact Central Arkansas Water if larger and/or additional meter(s) are needed. If both units are served off the same water meter, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No Comments. CATA: No Comments. SUBDIVISION COMMITTEE COMMENT (FEBRUARY 22, 2007) The applicant was not present. Staff presented the item and noted little additional information was needed. Staff noted the applicant would be asked to provide a description of the building design and fencing and whether separate utilities would be requested. Staff also noted the ordinance requirement that the property owner must occupy one of the dwellings. Utility comments were noted. 2 March 15, 2007 ITEM NO.: 9 (Cont.) FILE NO.: Z-8175 Staff stated they would visit with the applicant to obtain answers to the questions. 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 217 South Johnson Street is occupied by a two- story, brick and frame, single-family residence and a two-story accessory building. The accessory building currently has a garage and storage space on the ground floor and a semi -finished second floor. The applicant is requesting approval of a conditional use permit to allow conversion of the accessory building into an accessory dwelling. The ground floor is proposed to contain a living area and kitchen. The second floor is proposed to contain a bedroom and a bathroom. A variance is requested to allow the two-story accessory dwelling. The code allows two-story accessory dwellings, if the ground floor is used as a garage or storage space. The accessory building currently has T111 siding. The applicant will add insulation and vinyl siding so that the structure matches the color of the house. A dormer will be added on the north side of the second floor roof to provide additional light and egress. Separate utilities are requested. The applicant intends to use the accessory dwelling for her daughter to live in while she attends college, later for her mother to live in and as a rental unit when it is not otherwise occupied by a family member. The existing, gravel driveway will be paved and a paved parking pad will be built in the rear yard. The rear yard is enclosed by a six-foot tall, wood privacy fence. The applicant has acknowledged the ordinance requirement that the property owner must occupy one of the dwellings and has committed to that requirement. The 1893 bill of assurance is illegible but likely does not address use issues. Staff is supportive of the requested C.U.P. To staffs knowledge, there are no outstanding issues. The applicant responded to questions raised at Subdivision Committee as indicated in the analysis above. The concept of accessory dwellings or even of duplex dwellings is not out of character for the overall area; including Capitol View Stifft Station and Hillcrest. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Section 6 of the Agenda Staff report. 3 March 15, 2007 2. The property owner must occupy one of the dwelling units as required by Section 36-252(a)(3) of the Code. This requirement is to run with the land and is to apply to any subsequent owners of this property. Staff recommends approval of the variance request to allow the two-story accessory dwelling. PLANNING COMMISSION ACTION: (MARCH 15, 2007) The applicant was present. There was one objector present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outline in the "staff recommendation" above, including the variance to allow a two story accessory dwelling. The applicant, Ms. Brown, stated she would reserve her time to respond to concerns raised by the opposition. Davis Zoelner, of 138 Booker Street, spoke in opposition. He stated he wished the property to remain single family only. He stated the neighborhood was "inundated" with rentals and he did not want another rental unit. Mr. Zoelner said he was ok with Ms. Brown's family members occupying the accessory dwelling and asked if the approval could be limited to this applicant only. Commissioner Williams asked if the C.U.P ran with the property. Dana Carney, of staff, responded that C.U.P.'s ran with the land unless the Commission conditioned it otherwise. He stated the applicant would be making structural modifications to the building to accommodate the accessory dwelling and, if the approval went only with this applicant, a subsequent owner would have to remove those modifications. Commissioner Meyer recounted a time when he lived in the neighborhood and had been "cussed out" by children on this property when he and his wife were walking down the street. Ms. Brown stated she could not recall when such an event occurred. There was a brief discussion of the event before the Commission moved on. Ms. Brown stated she had attended a meeting of the neighborhood association and of the thirty or so persons present, only two had expressed any concern about her proposal. A motion was made to approve the application, subject to compliance with all staff comments and conditions. The motion was approved by a vote of 6 ayes, 2 noes and 3 absent. 11