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HomeMy WebLinkAboutZ-8220 Staff AnalysisJune 7, 2007 ITEM NO.: 12 FILE NO.: Z-8220 NAME: Kane Accessory Dwelling — Conditional Use Permit LOCATION: 1701 N. Spruce Street OWNER/APPLICANT: Max and Rebecca Kane/Carolyn Lindsey PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling (guesthouse) on this R-2 zoned property. 1. SITE LOCATION: The property is located on the east side of N. Spruce Street, north of Crestwood. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of larger single family homes on R-2 zoned lots. Many of the properties in the area have larger accessory structures, some of which are two -stories. In so much as the purpose of the accessory dwelling is to serve as a guesthouse for friends and family visiting the homeowners, the proposed use should be compatible with the neighborhood. 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 Heights, Hillcrest, Prospect Terrace and Forest Park Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: One on -site parking space is required for each unit. The accessory structure will contain a ground floor two -car garage. There is room for several additional vehicles to park on the driveway that extends off of Spruce Street. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. April 26, 2007 ITEM NO.: 12 (Cont.) FILE NO.: Z-8220 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No Comment received. CenterPoint Energy: Approved as submitted. AT&T (SBC): No Comment received. Water: CAW requires that meters be relocated to the front of the property. These relocations will be done at no cost to the property owner; however, the property owner will be required to tie his houseline to the new meter location. Due to insufficient easement, to protect the existing water main in the rear of this property, we request that the building be located a minimum of five feet from the east property line. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No Comments. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (MAY 17, 2007) The applicant was present. Staff presented the item and noted addition information was needed regarding building design and height. In response to a question from staff, the applicant stated separate utilities were not requested. The applicant stated it had been decided to do a lesser kitchenette, with no stove. Central Arkansas Water comments were noted. The applicant stated she would visit with the utility regarding relocating the meter. The Committee determined there were no other issues. The applicant was constructed to reply to staff comments by May 23, 2007. The item was forwarded to the full Commission. STAFF ANALYSIS: The R-2 zoned lot located at 1701 N. Spruce Street is occupied by a two-story brick and frame single family residence and a detached two -car carport. The 2 April 26, 2007 ITEM NO.: 12 (Cont. FILE NO.: Z-8220 applicants propose to remove the carport and build in its place a two-story accessory structure. The accessory structure will contain a two -car garage and a second floor accessory dwelling. A four -foot deep, cantilevered balcony will be located on the south side of the second floor, overlooking the applicant's yard. The garage level of the accessory structure will be painted brick to match the existing house. The roof will be of architectural grade fiberglass composition shingles and the total building height will be 268". The sole purpose of the proposed accessory dwelling is to serve as a guesthouse for visiting friends and family. It will not be a rental unit. Separate utilities are not requested. The guesthouse will contain a small kitchenette, with no stove. In response to Central Arkansas Water's comments, the proposed accessory structure has been moved to provide a five-foot rear yard setback. A new water meter will be located at the front of the property. A new water line will be extended to the house and on to the accessory building. The old water line will then be abandoned. The 1924 Declaration of Restrictions (bill of assurance) for Cliffewood Addition appears to still be in effect and contains the following statement that is relevant to the proposed application: "None of said lots may be improved, used or occupied for other than private residence purposes and no flat or apartment house though intended for residence purposes may be erected thereon. Any residence erected or maintained thereon shall be designed for occupancy by a single family, no more than one such residence shall occupy any single lot as platted in Cliffewood." The applicant has responded to issues raised at Subdivision Committee. The proposed accessory structure occupies 31.5% of the required rear yard; slightly more than the 30% allowed by the Code. To staffs knowledge, there are no other issues. The structure will be designed to match the architecture of the house and the use will be limited to a guesthouse for visiting friends and family. Staff believes the proposed use is appropriate. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. The structure is to be designed as proposed; of brick and stucco to match the existing house. 2. Compliance with the comments and conditions outlined in Section 6 of the agenda Staff Report. Q April 26, 2007 ITEM NO.: 12 (Cont.) FILE NO.: Z-8220 3. Use of the accessory dwelling is to be limited to use as a guesthouse for family and friends of the occupants of the principal dwelling. Staff recommends approval of a variance to allow the proposed 31.5% rear yard area coverage. PLANNING COMMISSION ACTION: (JUNE 7, 2007) 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. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. M