HomeMy WebLinkAboutZ-8181 Staff AnalysisMARCH 26, 2007
ITEM NO.: 3
File No.: Z-8181
Owner: Peggy Davis Pryor
Applicant: Carolyn Lindsey
Address: 5120 "F" Street
Description: Lot 7, Block 41, Pulaski Heights Addition
Zoned: R-2
Variance Requested: An administrative appeal is requested regarding use of an
accessory building.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The R-2 zoned property at 5120 "F" Street is occupied by a one-story frame
single family residence. The property is located on the north side of "F" Street,
between Van Buren and Clarkson Streets. There is a paved alley along the
north (rear) property line, with parking off the alley for two (2) to three (3)
vehicles. There is a one-story frame accessory structure in the rear yard, at
the northeast corner of the lot. The accessory building is in the process of
being remodeled.
At the time the owner's representative obtained the building permit for the
accessory structure, the structure's proposed use was discussed with staff.
The applicant informed staff that the property owner, Peggy Pryor, lives out of
town and rents the principal residential structure. The applicant noted that the
renovations to the accessory building were being done in order for Ms. Pryor to
MARCH 26, 2007
ITEM NO.: 3 (CON'T.
use the structure for storage and an art studio when she was in town. It was
noted that the use would be private use only, with no business activity. Staff
informed the applicant that the proposed use of the accessory building would
be a violation of City code, based on the fact that the accessory building must
serve the occupants of the principal structure on the property. Section 36-2 of
the City's Zoning Ordinance sets forth the following as definition and use
requirements for an accessory building:
Accessory building use means a building or use which:
(1) Is located on the same zoning lot as the principal building or
principal use;
(2) Serves the principal building or principal use;
(3) In other than a residentially -zoned district, is subordinate in area,
extent or purpose to the principal building or principal use served.
Accessory structures in residentially -zoned districts shall be
subordinate in area, extent and purpose to the principal building
and residential use; and
(4) Contributes to the comfort, convenience or necessity of
occupants of the principal building or principal use.
The property owner is appealing staff's determination that the accessory
building cannot be for the use/benefit of someone who does not reside on the
property. The property owner is asking the Board of Adjustment to determine
that the proposed use of the accessory building is acceptable; that an off -site
property owner be allowed to use an accessory building for their own private
use.
BOARD OF ADJUSTMENT:
(MARCH 26, 2007)
Peggy Davis Pryor was present, representing the application. There were no
objectors present. Staff presented the application.
Peggy Davis Pryor addressed the Board in support of the application. She
explained that the home (principal structure) is rented so the house can be occupied.
She noted that she planned to reside on the property some time in the future.
Robert Winchester asked about the use of the accessory building if Ms. Pryor were
to move into the principal structure. Ms. Pryor explained that it would be used for
storage and an art studio.
The issue of the use of the accessory building was discussed further. The issue of
occupancy was also discussed.
MARCH 26, 2007
ITEM NO.: 3 (CON'T.)
There was a motion to approve the appeal. The motion failed by a vote of 0 ayes, 5
nays and 0 absent. The appeal was denied.